DECREE
MINISTER OF FORESTRY
NUMBER: SK 101/MENHUT-II/2004 DATED 24 MARCH 2004 REGARDING
ACCELERATION OF PLANT FOREST DEVELOMENT AS RAW MATERIAL SUPPLY FOR PULP AND PAPER INDUSTRY
MINISTER OF FORESTRY
Considering:
a. That based on Decree of Minister of Forestry Number 162/Kpts-II/2003 dated 21 May 2003, policy on acceleration of plant forest development as raw material supply for pulp industry has been stipulated.
b. That based on evaluation of implementation of Decree of Minister of Forestry Number No.162/Kpts-II/2003 regarding provisions that have hindered the development of plant forest as raw material supply for pulp industry;
c. That based on the afro-mentioned point a and b, it is deemed necessary to re-stipulate Decree of Minister of Forestry regarding Acceleration of Plant Forest Development as Raw Material Supply for Pulp Industry
In view of
1. Law Number 5 Year 1990 regarding Conservation of Biological Resources and Ecosystem; 2. Law Number 41 Year 1999 regarding Forestry;
3. Government Regulation Number 28 Year 1985 regarding Forest Protection;
4. Government Regulation Number 34 Year 2002 regarding Management, Exploitation and Utilization of Forest Area;
5. Presidential Decree Number 35 Year 2002 regarding Reforestation Fund;
6. Presidential Decree Number 32 Year 1990 regarding Management of Protected Forest;
7. Presidential Decree of The Republic of Indonesia Number 102 Year 2001 regarding Position, Duty, Function, Authority, Re; Composition of Organization and Working Procedure of Ministry;
8. Presidential Decree of The Republic of Indonesia Number 228/M Year 2001 regarding the Gotong Royong Cabinet Formation;
9. Decree of Minister of Agriculture Number 837/kpts/um/II/1980 regarding Criteria and Provision of Protected Forest;
10. Decree of Minister of Forestry Number 200/kpts-IV/1994 regarding Criteria of Unproductive Natural Production Forest;
11. Decree of Minister of Forestry Number No. 70/Kpts-II/1995 jis, Decree Minister of Forestry Number No. 246/Kpts-II/1996 regarding Management Of Production Forest;
12. Decree of Minister of Forestry Number No. 123/Kpts-II/2001 regarding Organization and Duty of Ministry of Forestry;
13. Decree of Minister of Forestry Number No. 6652/Kpts-II/2002 regarding Assignment, Evaluation and Validation of Utilization of Wood Forest and Plant Forest;
14. Decree of Minister Of Forestry Number 151/Kpts-II/2003 regarding Five Year Working Plan and Annual Working Plan on Plant Forest as Amended with Decree of Minister Of Forestry Number SK.45/Menhut-II/2004.
DECIDE Stipulate:
DECREE of MINISTER OF FORESTRY REGARDING ACCELERATION OF FOREST DEVELOPMENT AS RAW MATERIAL SUPPLY FOR PULP AND PAPER INDUSTRY
GENERAL TERM
Article 1 In this decree the following shall mean:
1. Natural Forest: is a space where natural trees grow. It is an integration between biological resources and its ecosystem.
2. Production Forest: is forest area that can be utilized for production.
3. Plant Forest (HT) previously called Industrial Plant Forest: is plant forest whose development is aimed at increasing forest potential trough “Entire Cut Down” and Re-plantation system. Output from the Plantation Forest is for forest related industries.
4. Protected Forest: is a protected area which is aimed at maintaining and improving natural resources.
5. Business License for Plant Forest Utilization (HPHT) previously called Business License for Industrial Plant Forest Utilization (HPHTI) and now called Business License for Wood Forest Utilization (IUPHHK) is a license to utilize production forest involving activities such as preparing land, seeding, planting, maintaining harvesting, cutting, manufacturing and marketing forestry products.
6. Forest Concession Area is an area of production forest stipulated by Minister of Forestry aimed at developing forest whose output is to supply raw material for pulp and paper industry.
7. Main Plant is a type of tree which is used as raw material for pulp and paper industry. 8. Superior Plant is ingenious plant which has high added value.
9. Life Plant is yearly plant which produces non wood output but brings benefit for people.
10. Delineation is the system of knowing the condition of forest area by drawing a borderline of the forest. 11. Horizontal Inventory or Cruising is a method of taking a note, measuring, calculating the volume of a tree
that will be cut during land clearing and land preparation.
12. Independent Appraisal Agency (LPI) is a legal entity having competence to asses performance of Plantation Forest Concession License Holder (previously called HPHT/HPHTI).
13. Director General is Director General responsible for production forest. 14. Provincial Office is Provincial Office responsible for forestry affairs. 15. Municipal Office is Municipal Office responsible for forestry affairs.
16. Forestry Certification Agency is a unit at Directorate General of Production Forest responsible for certifying and testing forestry product.
Article 2
Acceleration of plant forest development as the supply of raw material for pulp and paper industry is aimed at giving a chance to Plant Forest Concession License (HPHT)Holder to develop their concession areas more intensively as an effort to provide supply of raw material on sustainable basis.
CHAPTER II
SCOPE AND TIME FRAMELINE
Article 3
(1) Acceleration of production forest development as supply of raw material for pulp and paper industry shall involve the following activities: land clearing, use of wood resulted from land clearing activities, construction of road network, plant seeding and plant maintenance.
(3) Acceleration of plant forest development referred to in paragraph (1) and (2) is imposed on HPHT holder that has direct connection or joint venture business with the existing pulp and paper industry which is in shortage of raw materials.
(4) The connection or joint venture business activities referred to in paragraph (3) shall be proven with share ownership or long term cooperation contract.
(5) Acceleration of plant forest development by HPHT holder referred to in paragraph (3) shall be completed at the latest in 2009.
CHAPTER III
DELIENATION OF HPHT AREA
Article 4
(1) Before plant forest development referred to in article 3 is carried out, appraisal and delineation activities shall be taken on the designated production forest area.
(2) Appraisal and delineation activities referred to in paragraph (1) are aimed at determining the value of HPHT and after macro appraisal and delineation activities have been taken HPHT area can be divided into:
a. Already planted area
b. Unplanted area, savanna and bush; c. Natural forest.
(3) After macro appraisal and delineation activities have been performed, micro delineation activity shall be taken on each part of natural forest area referred to in paragraph (2) point c so that each part of the forest area can be further divided into:
a. Natural forest area that must be conserved and protected as natural production forest area in accordance with the existing criteria.
b. Effective natural forest designated as production forest using silvyculture “entire cut down system” and reforestation involving main plant area, superior plant area and life plant area in accordance with existing provision of production forest landscape.
(4) Appraisal and micro delineation activities on natural forest area referred to in paragraph (3) point a is performed by measuring, taking a noting, marking and mapping out the designated forest area and establishing permanent marking at the area.
(5) Conserved Natural Forest Area referred to in paragraph (3) point a shall have the following criteria:
a. Forest area having inclination, soil type and rain intensity with score at least the same or more than 175 pursuant to Decree of Minister of Agriculture Number 837/Kpts/Um/II/1980 regarding provision on protected forest.
b. Forest area having inclination exceeding 40% and or 15% for land which is highly vulnerable to erosion. c. Forest area situated at 2,000 (two thousand) meter or more above sea level.
d. Peat moss at upper course of river and swamp area with 3 (three) meter thickness. e. Forest area located at the radius of:
1. 500 meter from water reservoir or lake boundary.
2. 200 meter from water sources and left and right side of riverbank at the swamp area. 3. 100 meter from left side and right side of a riverbank.
4. 50 meter from left and right side of a stream. 5. Two times the depth of a cliff.
6. 130 times margin of the highest tide and lowest tide of seashore. 7. Buffer zone or protected and conservation area
f. Plasma nuftah area
g. Wild Life Conservation Area
Article 5
1. Macro delineation activity at HPHT referred to in article 4 paragraph (2) shall be taken by HPHT holder and presented at 1:50,000 scale and the result of the macro delineation activity shall be submitted to Director General.
2. Based on the result macro delineation activity referred to in paragraph (1) Director General makes a review for improvement of the delineation result.
3. Fourteen days after Director General receives complete result of macro delineation activity and after considering the result of the said macro delineation activity, he/she shall issue a letter that HPHT holder may conduct micro delineation activity.
Article 6
1. Based on letter of Director General referred to in article 5 paragraph (3) HPHT and Independent Appraisal Agency (LPI) may conduct micro delineation activity on HPHT area referred to in article 4 paragraph (3), paragraph (4) and paragraph (5).
2. LPI that can conduct activity referred to paragraph (1) is LPI that has been approved by Minister of Forestry to conduct appraisal on company involved in wood forest and plant forest business.
3. Any cost arising from performance of activity referred to in paragraph (2) shall be borne by the company. 4. Micro delineation activity referred to in paragraph (1) shall be completed two months at the latest after letter
of Director General referred to in article 5 paragraph (3) has been received.
Article 7
1. Result of micro delineation activity referred to in article 6 paragraph (1) is presented in a report completed with macro and micro delineation mapping picture and the report shall be submitted by HPHT holder to Director General.
2. Director General shall review result of micro delineation activity completed with mapping picture referred to in paragraph (1).
3. Director General shall issue a letter stating that HPHT holder may execute acceleration of forest devolvement plan, having considered result delineation activity referred to in paragraph (1), at the latest 14 working days after result of micro delineation activity has been received.
Article 8
HPHT shall give a permanent marking on conservation forest area drawn from the result of micro delineation activity referred to in article 7.
CHAPTER IV PLANNING
Article 9
1. HPHT holder shall establish a forest development plan on unplanted area that, based on result micro delineation activity, can be utilized as effective plant forest until all the HPHT area has been fully planted to supply raw materials for pulp and paper industry.
2. Schedule for acceleration of plant forest development referred to in paragraph (1) shall be completed by 2009.
3. Plant forest development plan referred to in paragraph (1) shall be used as a reference for establishment of five year working plan and annual working plan of utilization of wood forest at the plant forest.
5. Provision on establishment, evaluation and approval on working plan, five year working plan and annual working plan regarding utilization of wood forest on plant forest referred to in paragraph (4) shall be done in accordance with the existing regulation.
CHAPTER V
REPORT AND EVALUATION Article 10
1. HPHT-Pulp holder shall submit monthly report regarding progress on implementation of plant forest development plan to Director General with copy of it is sent to head of provincial office, head of municipal office and chief of local certification agency.
2. Based on the report referred to in paragraph (1), Directorate General along with provincial and municipal office and or certification agency may conduct a routine evaluation on implementation of plant forest development at least once in six months.
CHAPTER VII SANCTION
Article 11
In any case acceleration of plant forest development is not implemented in accordance with working plan approved and signed referred to in article 9, a sanction shall be imposed on HPHT holder pursuant to the existing regulations.
CHAPTER VII CLOSING
Article 12
With the stipulation of this decree, Decree of Minister of Forestry Number No.162/Kpts-II/2003 dated 21 March 2003 regarding acceleration of plant forest development as supply of raw material for pulp and paper industry is declared to be invalid
Article 13
This decree shall come into effect on the date of stipulation.
Stipulated in Jakarta Dated: March 24 2004
MINISTER OF FORESTRY
