DECISION OF THE
GOVERNOR OF THE SPECIAL CAPITAL PROVINCE OF JAKARTA NO. 99/2002 DATED JULY 24, 2002
ON
MECHANISMS FOR IMPLEMENTING ANALYSIS ON ENVIRONEMTAL IMPACT (AMDAL) AND ENVIRONEMTAL MONITORING
EFFORT (UPL) IN REGIONAL LICENCING
THE GOVERNOR OF THE SPECIAL CAPITAL PROVINCE OF JAKARTA,
Considering :
a. that Government Regulation No. 27/1999 stipulates the obligation to make an analysis on environmental impact (Amdal) as precondition for a permit to run business activities that have a large and significant impact on the environmental as well as the obligation to include environmental management efforts (UKL) and environmental monitoring efforts (UPL) in an application for a permit to run businesses and/or activities subject to AMDAL;
b. that in reality there are still licensed activities/businesses lacking Amdal or UKL and UPL;
c. that in line with the matters in letters a and b, it is necessary to lay down mechanism for implementing Amdal, UKL and UPL in a decision of the Governor of the Special Capital Province of Jakarta (DKI Jakarta).
In view of :
1. Law No. 23/1997 on environmental management; 2. Law No. 22/1999 on regional government ;
3. Law No. 34/1999 on the Government of the Special Capital Province of Jakarta; 4. Government Regulation No. 27/1999 on analysis on environmental impact;
5. Government Regulation No. 25/2000 on the authority of the central government and the authority of province as an autonomous region;
6. Decree of the State Minister for the Environment No. 12/1994 on general guidelines for making environmental management efforts and environmental monitoring efforts;
7. Decree of the State Minister for the Environment No. 17/2001 on the types of planned business/activity that must be equipped with an analysis on environmental impact;
8. Regional Regulation of the Special Capital Province of Jakarta No. 7/1991 on buildings within the territory of the Special Capital province of Jakarta;
9. Regional Regulation of the Special Capital Province of Jakarta No. 6/1999 on the spatial layout of the Special Capital Pro vince of Jakarta;
10.Regional Regulation of the Special Capital Province of Jakarta No. 3/2001 on the organizational structure and work mechanism of Regional Apparatuses and the Secretariat of the Legislative Council of the Special Capital Province of Jakarta No.
11.Decision of the Governor of the Special Capital Province of Jakarta No. 57/2001 on the formation of the Audit Co mmissio n of Analysis on Environmental Impact of the Special Capital Province of Jakarta;
12.Decision of the Governor of the Special Capital Province of Jakarta No. 76/2001 on operatio n guidelines for public participat ion and information transparenc y in making an analysis on environmental impact;
14.Decision of the Governor of the Special Capital Province of Jakarta No. 2863/2001 on the types of planned business/activity that must be equipped with an analysis on environmental impact in the Special Capital Province of Jakarta.
DECIDES :
To stipulate :
DECISION OF THE GOVERNOR OF THE SPECIAL CAPITAL PROVINCE OF JAKARTA ON MECHANISM FOR IMPLEMENTING ANALYSIS ON ENVIRONMENTAL IMPACT (AMDAL) AND ENVIRONMENTAL MONITORING EFFORT (UPL) IN REGIONAL LINCENCING
GENERAL PROVISIONS Article 1
Hereinafter referred to as :
1. The Region shall be the Special Capital Province of Jakarta (DKI Jakarta); 2. The Governor shall be the Governor of DKI Jakarta;
3. The Regional Environmental Management Board, hereinafter referred to as BPLHD, shall be the BPLHD of DKI Jakarta;
4. The Commission shall be the Regional Audit Commission for Amdal as referred to in Government Regulation No. 27/1999 on environmental impact analysis;
5. The authorized agency shall be the agency authorized to license business and/or activities;
6. The responsible agency shall be the BPLHD authorized to issue a decision on environment feasibility; 7. Initiator shall be an individual or corporate body responsible for a business plan to be implemented;
8. Analysis on environmental impact, hereinafter referred to as Amdal, shall be a study of the large and significant impact of a planned business and/or activity on the environment needed to make a decision on the running of business and/or activity;
9. Mechanism for implementing Amdal and UKL/UPL in licensing shall be the procedures for implementing Amdal and UKL/UPL in licensing system;
10.Environmental impact analysis (Andal) shall be careful and profound study of the large and significant impact of a planned business and/or activity;
11.Environmental management plan, hereinafter referred to as RKL, shall be an effort to handle the large and significant impact of a planned business and/or activity on the environment;
12.Environmental monitoring plan, hereinafter referred to as RPL, shall be an effort to monitor components of the environment affected by the large and significant impact of a planned business and/or activity;
13.UKL and UPL shall be the UKL and UPL of a planned business and/or activity that has no large and significant impact or technologically, the significant impact can be managed and be specific in nature for each type of business or activity linked to its impact;
14.The implementation of RKL/UPL and UKL/UPL shall be the implementation of the subject matter of RKL/RPL and UKL/UPL documents in the field that must be informed to the authorized agency, the responsible agency and the mayor/regent concerned using a written report;
15.Decision on City Plan, hereinafter referred to as KRK, shall consist of : a. In-principle agreement on land clearance (SP3L);
b. Land use permit (SIPPT);
c. Building construction permit (IMB); d. Infrastructure construction permit (IMP); e. Building use permit (IPB).
16.Permanent establishment permit (IUT) shall be a permit to run commercial production business, either goods or services.
(1) Amdal and UKL/UPL shall be part of regional licensing and be made along with a feasibility study of planned business/activity to make them feasible technically, economically and environmentally.
(2) Description of the status and procedure of Amdal, UKL/UPL as referred to in paragraph (1) shall be as attached thereto.
Article 3
BPLDH in coordina tion with the authorized agency, the mayor concerned and the regent of Seribu Island shall nurture the implementation of Amdal and UKL/UPL.
Article 4
Any violator of this decision shall be liable to sanction within the framework of the existing law and regulation.
Article 5
This decision shall come into force as from the date of stipulation.
For public cognizance, this decision shall be promulgated by placing it in the Regional Gazette of DKI Jakarta.
Stipulated in Jakarta On July 24, 2002
THE GOVERNOR OF DKI JAKARTA sgd.
SUTIYOSO
Promulgated in Jakarta On August 1, 2002
THE SECRETARY OF DKI JAKARTA sgd.
H. FAUZI BOWO NIP. 470044314
ATTACHMENT I
MECHANISM FOR IMPLEMENTING AMDAL AND UKL/UPL IN REGIONAL LICENCING
I. Introduction
Provisions on the prevention of environmental impact and/or loss as a result of the exploitation of natural resources have long been stipulated. However, the implementation of the provisions has not yet yielded fruit as expected. To make optimum use of natural resources while at the same time reduce an impact on the environment, the Government has introduced Amdal as one of environmental management approaches.
Difference of views which has led to difference of interpretation on development and environmental protection, thus resulting in environmental losses. If this drags on, Jakarta which has limited carrying capacity will not soon be worth living.
To prevent the quality of the environment from declining, it is necessary to draw up a guide book on the implementation of Amdal for activities having large and significant impacts, as well as on the implementation of UKL and UPL for activities having other impacts, in relation to the process of licensing and partnership for physical development in Jakarta City.
II. Purpose, Aim and Benefit
1. Purpose
This guide book is designated to explain the position of Amdal and UKL/UPL in mechanism for regional licensing
2. Aim
This guide book aims to :
a. create synergy among relevant agencies in providing regional licensing service;
b. make business people aware of their rights and obligations in running economic activities having the potentials to bring about impacts ;
c. increase the number of activities related to Amdal and avoid a delay in the making of Amdal.
3. Benefit
This guide book can be used as audio visual for officials in charge of licensing activities requiring Amdal and UKL/UPL. In addition, it is also useful for investors signing cooperation agreements with the Provincial Government or DKI Jakarta in the field of development as well as for the community to take part in the making of Amdal and monitor the implementation of Amdal and UKL/UPL
III. Procedures for Handling Amdal
1. Amdal in the process of regional licensing
Based on the study made by the relevant regency and in reference to the existing law and the condition of DKI Jakarta, the linkage of Amdal to the licensing mechanism is explained as follows : a. If a planned business and/or activity require(s) a land clearance permit and a land use permit, a
pre-proposal and/or proposal become(s) supplement to an application. The initiator is required to include a proof of the making of Amdal.
b. At the time of filing an application for a land use permit, the duty official must notify that the planned business and/or activity for which a permit is sought are/or categorized as a business and/or activity requiring Amdal. The manager of the planned business and/or activity must soon draw up frame of reference of Andal and for this purpose, the manager of the planned business and/or activity must soon contact a consultant on Amdal.
c. An official report on the discussion of frame of reference of Amdal can be used as a letter of recommendation in arranging KRK, SIPPT, IMP and/or building construction preliminary permit (IP-MB).
d. The authorized agency will issue IMB is the Audit Commission of Amdal has issued a recommendation on Amdal for the planned business and/or activity.
e. The authorized agency will issue IPB and IUT if RKL/RPL has been implemented in accordance with the existing rules and reported to the responsible agency and the authorized agency.
f. The mechanism for handling Amdal can be observed from Attachment II to this decision.
2. UKL and UPL in the Process of Regional Licensing
If the manager of a planned business and/or activity is required to make UKL/UPL according to the classification of the planned business and/or activity, the official in charge of licensing such a business and/or activity must explain the function of UKL/UPL documents in the licensing mechanism in DKI Jakarta.
Based on the study made by the relevant agenc y and in reference to the laws and regulations prevailing in DKI Jakarta, UKL/UPL activities in the licensing mechanism are explained as follows : a. The authorized agency will issue IMB if the initiator of business/activity has completed Amdal or
UKL/UPL documents.
b. The authorized agency will issue IPB if the initiator of business/activity has reported the implementation of Amdal or UKL/UPL to the responsible agency both in the municipality/regency and in the province.
3. Amdal and UKL/UPL in the partnership of physical development
In general, the scope of physical development implemented under a partnership scheme covers the development of urban infrastructures and physical facilities. The partnership can be in the form of Build Operation-Transfer (BOT), Build-Transfer-Operation (BTO ), or other from through partnership between the Provincial Government of DKI Jakarta and the private sector explaining that the responsible institution carries out environmental management activities due to development activities. To achieve the optimum goal and use of environmental infrastructures and facilities built, it is necessary to identify from now on possible environmental impact categorized as large and significant and those not categorized as large and significant or technologically, the significant impacts can be managed. The said identification can be done through a study of Amdal, covering frame of reference, study of Andal, RKL, RPL, UKL and UPL.
The types of planned business and/or activity requiring Amdal must be based on Decision of the Governor of DKI Jakarta No. 2863/2001 on the types of planned businesses and/or activities that must be equipped with Amdal in DKI Jakarta, while the types of planned business and/or activities that must be equipped with UKL/UPL must be based on Decision of the Governor of DKI Jakarta No. 139/2001 on the types of business/activities that must be equipped with UKL and UPL in DKI Jakarta.
THE GOVERNOR OF DKI JAKARTA sgd.
