ENVIRONMENTAL PERMITS AND
MANAGEMENT AND MONITORING MEASURES
The purpose of Environmental Management and Monitoring is to establish a set of policies and guidelines that will help PMU in screening, assessing, and monitoring the environmental and social aspects of all projects supported by ERP. The screening process will identify the degree of impact of each proposed sub-projects and types of mitigation measures required. ERP projects, especially those related to livelihood improvement may lead to possible environmental impacts that need to be managed; thus requiring environmental permits by developing the UKL-UPL (Environmental Management and Environmental Monitoring Measures) document or issuing SPPL. It should be noted that project locations must not directly share borders with conservation areas. Otherwise, the submission of an Environmental Impact Analysis Report (ANDAL) is required, in addition to the RKL/RPL (Environmental Management/Monitoring Plan), which must be ratified by the government in order to secure the necessary environmental permit.
It is expected that most key activities will not require specific mitigation measures for environmental impact. However, several key activities may need additional mitigation measures by preparing the UKL-UPL in order to obtain environmental permits. UKL and UPL contain mitigation plans and monitoring of standards to address the typical impacts of construction activities, including workers/community, health and safety, land-related work, and waste management, including hazardous and toxic waste. UKL-UPL must be prepared by competent institutions, and must meet the requirements laid out in Environment Ministerial Regulation No. 16/2012.
Activities that do not require a UKL/UPL document, but must develop the necessary environmental and monitoring measures should issue an SPPL in order to obtain environmental permits. Format of UKL-UPL and SPPL are provided below:
TERMS OF REFERENCE (TOR) FOR UKL-UPL ACCEPTABLE TO THE BANK
The following matrix provide the ToR for preparing the UKL-UPL acceptable to the Bank. The TOR builds upon the GoI requirements specified by the Ministry of Environment Regulation No. 16 Year 2012 regarding Guidelines for Preparing Environmental Assessment Documents (AMDALs and UKL- UPLs). The UKL-UPL report essentially contains a summary of the project activities and impacts, and environmental management and monitoring action plans.
UKL-UPL TOR (GoI requirements) UKL-UPL Acceptable to the Bank
Identity of Initiator: Initiator name, business address, postal code, telephone number, fax number and email
Refer UKL-UPL, no additions required.
Project location and maps Refer UKL-UPL, no additions required.
Project size and scale Refer UKL-UPL, no additions required.
Project description/business activity plan: name of project/business activity, map that is built in
Refer UKL-UPL and add:
- Description of environmental and
UKL-UPL TOR (GoI requirements) UKL-UPL Acceptable to the Bank
accordance with cartography rules and/or an adequate illustration of the location, scale/size of project/business activity, outline of components of the project/business activity
social setting at the project site - Summary of alternatives: sites and
technology considered
- Summary of current and future developments
- Basis of design for the project Matrix on environmental and social impacts
(source, type and scale of impact), environmental and social management and monitoring measures (activity, location, and duration/timing),
institution/person in charge, remarks
Refer UKL-UPL and add:
- Identification of indirect and cumulative impacts
- Identification of impacts from associated facilities
- Identification of impacts on natural, modified and critical habitats - Identification of impacts on labor,
occupational health and safety and community health and safety - Identification of impacts related to
gender and violence
- Mitigation on creating grievance mechanism
- Cost estimates for management and monitoring actions and sources of funds
- Capacity building and training plans for project owner and contractors - Institutional arrangements Requirements for PPLH permits (environmental
protection and management)
Refer UKL-UPL, no additions required.
Statement of assurance for UKL-UPL implementation
Refer UKL-UPL, no additions required.
Biblical references Refer UKL-UPL, no additions required.
Appendices: principle permit, spatial conformity letter, maps, specification/standard sheets, and/or other supporting data
Refer UKL-UPL, no additions required.
Scope of Work:
1. Formulate Project Description. A succinct description of the project should be provided covering each of the project activities, the rationale of the proposed activities and listing of various project benefits. Maps of the project location should also be provided.
2. Review of previous studies. Review of previous studies for the project (conceptual design, FS or other studies) should be done to understand all related aspects, which will inform the identification of potential impacts for the UKL-UPL.
3. Legislative and regulatory review. A review of applicable legal and regulatory provisions should be carried out to understand the legal requirements in implementing the project.
4. Preparation of the environmental profile or environmental setting of the project area of
influence based on secondary data. The objective of establishing the project area of influence is to establish the existing environmental conditions of the project area, airshed, watershed, and land features.
5. Determination of potential impact. Based on the environmental profile and project area of influence, and project activities, screening and identification of potential environmental impacts should be carried out and determine the nature of the impact.
6. Stakeholder consultations. Consultations with key stakeholders (experts, NGOs, forest department, government agencies, affected communities, etc.) should be carried out to: i) collect baseline information, ii) obtain a better understanding of the potential impact, iii) appreciated the perspectives of the stakeholders, and iv) secure their active involvement during the subsequent stages of the project. Consultations should be preceded by a
systematic stakeholder analysis to identify the relevant stakeholders, include expert opinions and inputs, determine the nature and scope of the consultation, determine the tools to be used in contacting and consulting with each stakeholder.
7. Development of Environmental Management Plan (EMP). The EMP should provide action plans to mitigate the negative impacts of the project and preventive measures necessary. It should identify the means / agency responsible for implementation and recommend a suitable monitoring mechanism for the plan. The EMP should be in the form of contract covenants and should provide cost estimates and also recommend appropriate institutional mechanism.
8. Public disclosure. The UKL-UPL should be disclosed electronically on a website to provide access to the public and mechanism to raise concerns on the document.
Outputs and estimated time schedule:
The UKL-UPL study should be completed within a period of ……….. months from the date of contract and the schedule of deliverables specified as below:
1. Inception report – within ……….. months of date of award of contract, and includes review of legislations and project description.
2. Interim report – within ………. months of date of award of contract, and includes baseline conditions, project area of influence, and identification of potential impacts.
3. Draft report – within ………. months of date of award of contract, and includes full contents of UKL-UPL report that is acceptable to the bank and minutes of stakeholders consultation.
Minimum qualification requirements of experts preparing UKL-UPL acceptable to the Bank:
1. UKL-UPL Leader:
o At least Bachelor‟s degree in relevant field: environmental and/or social sciences o Has training on AMDAL and/or UKL-UPL document preparation
Stamp duty of Rp, 6.000,- Signature Company seal
o Experience working with the World Bank safeguards requirements
2. UKL-UPL member:
o At least diploma degree in relevant field: environmental and/or social sciences o Has training on AMDAL and/or UKL-UPL document preparation
o Has experience in preparing AMDAL and/or UKL-UPL documents
FORMAT STATEMENT OF UNDERTAKING FOR ENVIRONMENTAL MANAGEMENT AND MONITORING (SPPL)
(For activity plan not requiring any UKL/UPL – based on the Regulation of the Minister of Environment No.16/2012)
We, the undersigned below:
Name :
Job position :
Address :
Ph Number :
As party in charge of the environmental management
of: [Name of
Company/Business : Address company/Business : Ph Number of the Company : Type of Business : Production Capacity : Permit already obtained :
Purpose :
Amount of Capital :
Hereinafter, we confirm that we are capable and committed to implementing the action plans on Environmental and Social Codes of Practices (ESCOPs) attached to this SPPL.
This SPPL shall be effective from the date of its issuance, up to the completion of our business and/or project activity. If the project undergoes any change of location, design, process, type of raw materials and/or supporting materials, this SPPL must be revised.
Date, Month, Year
(Name/NIP)
Registry number from the local environment agency Date
Receiver
[Attached to the SPPL: select the relevant Environmental and Social Codes of Practices (ESCOP)]