SUMATRA SYSTEM
CHAPTER 8 ENVIRONMENTAL AND SOCIAL CONSIDERATIONS
8.2 LEGAL FRAMEWORK OF ENVIRONMENTAL ADMINISTRATION
8.2.1 ENVIRONMENTAL ADMINISTRATION
After absorption of the Environmental Impact Management Agency (BAPEDAL) into the Ministry of Environment (MOE）in 2002, the MOE is the central responsible agency for environmental administration. The responsibilities and duties for the MOE are as follows;
- Establishment of environmental strategies, policies, environmental standards, - Regulation and management of hazardous and toxic substances,
- Environmental monitoring, - Capacity building,
- AMDAL,
- Environmental research, - Environmental data collection, - Environmental management, and - Public relations etc.
Figure 8.2.1 shows the organization of MOE.
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MINISTRY
Secretary of the Ministry Expert Staffs
Inspector
Dpt. of Environmental Spatial Dpt. of Environmental
Pollution Control Dpt. of Environmental Degradation Control &
Natural Resources Conservation Development Dpt. of Hazardous and Toxic
Waste Management Dpt. of Environmental
Compliance Dpt. of Community
Empowerment and Environmental Dpt. of Capacity Building
&Technical Infrastructure Development
Source: State Ministry of Environment
Figure 8.2.1 Organization of MOE
8.2.2 ENVIRONMENTAL PROTECTION AND MANAGEMENT LAW (NO.32/2009)
Environmental Protection and Management Law in Indonesia was established in 1982 and amended in 2009 as Environmental Protection and Management Law (No.32/2009). It provides the responsibilities for execution of environmental impact assessment (AMDAL). The stipulate describes criteria for substantial affecting business and/or activity which are obliged to have AMDAL as follows.
(1) Criteria for substantial affecting business and/or activity which are oblige to have AMDAL shall consist of:
- Change in form of land and landscape;
- Exploitation of natural resources, renewable or non-renewable;
- Process and activity potential to cause environmental pollution and/or damage as well as the
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squandering and degradation of natural resources in the utilization;
- Process and activity whose output could influence natural environment, artificial environment as well as socio and cultural environment;
- Process and activity whose output would influence the preservation of natural resource conservation area and/or protection of cultural reserve;
- Introduction of plants, animals and micro-organisms;
- Production and utilization of biological and non-biological substances;
- Activity containing high risk and/or influence state defense; and/or
- Technology application predicted to influence the environment potentially.
(2) The document of AMDAL shall contain:
- Analysis of impacts of the planned business and/or activity;
- Evaluation of activities around the location of the planned business and/or activity;
- Recommendation, input as well as response of the people to the planned business and/or activity;
- Estimates related to the quantity of impacts and substantial characteristics of impacts which arise if the planned business and/or activity is implemented;
- Holistic evaluation of the arising impacts to determine whether the environment is feasible or not; and
- Environmental management and monitoring plan.
8.2.3 ACTIVITIES NEEDED TO CONDUCT ENVIRONMENTAL IMPACT ASSESSMENT (AMDAL)
Type of business plans and / or activity that should be completed with the environmental impact assessment is indicated in State Ministry of Environment Regulation No.11/2006. Table 8.2.1 shows those types of business and/or activity included in Electricity and energy utilization.
Table 8.2.1 Activities Needed to Conduct AMDAL(Electricity and energy utilization)
NO ACTIVITY SCALE
1 Construction of the transmission network - > 150 kV
2 Development
a. PLTD / Gas Power Plant / Power Plant / Combined Cycle Power Plant
≥ 100 MW (in one location) b. Development PLTP (geothermal development) ≥ 55 MW c. Hydroelectric Development by:
- High dam, or
- Area of inundation, or - Installed capacity
≥ 15 m
≥ 200 ha
≥ 50 MW
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NO ACTIVITY SCALE
d. Construction of power plants from other species (such as:
OTEC (Ocean Thermal Energy Conversion), Solar, Wind, Biomass, Peat, etc.)
≥ 10 MW
Source:State Ministry of Environment Regulation No.11/2006
8.2.4 ENVIRONMENTAL IMPACT ASSESSMENT (AMDAL)
(1) Documents Necessary for the AMDAL
According to the State Ministry of Environment Decree No.8/2006, documents necessary for the AMDAL consist of following items.
1) Terms of References Framework for Environmental Impact Analysis (KA-ANDAL)
KA-ANDAL is prepared for formulating the scope and depth of Environmental Impact Analysis (ANDAL).
2) Environmental Impact Analysis (ANDAL)
ANDAL describes expected significant environmental impacts, evaluation of the impacts including selection of alternative and preparation of appropriate environmental mitigation measures in terms of implementation of the proposed project.
3) Environmental Management Plan (RKL)
RKL mentions environmental management approaches for mitigating environmental negative impacts forecasted in ANDAL.
4) Environmental Monitoring Plan (RPL)
RPL is the document that has objectives to examine the effectiveness of proposed environmental management plan.
(2) Procedures for AMDAL Implementation
The Government regulation No.27/1999 describes the procedures for AMDAL as shown in Figure 8.2.2.
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Public Consultation Submission of Documents to KLH
Information on AMDAL Study Plan to Secretariat of AMDAL Evaluation Committee
Announcement on Activity Plan and Public Consultation
Preparation of Terms of Reference (KA-ANDAL/TOR-Environmental Impact Analysis)
Evaluation of KA-ANDAL/TOR- (Environmental Impact Analysis)
Preparation of ANDAL/Environmental Impact Analysis, RKL/Environmental Management Plan and RPL/Environmental
Monitoring Plan Documents.
Evaluation of ANDAL, RKL and RPL 75 days
75 days
Permission Declined Approval Letter on Environmental
Feasibility by State Minister for Environment/ Governor/ Regent/ Mayor
Permission Granted Preparation of Activities for
Environmental Management (UKL) and Activities for Environmental Monitoring
(UPL)
Recommendation from Responsible Institution
Screening Process: List of Obligatory AMDAL Activities (Decree of State Minister for
Environment No. 11 of 2006)
Feasible
Not Feasible Start
End AMDAL Required AMDAL Not Required
KLH: Kementrian Lingkungan Hidup (Ministry of Environment)
Source: Study Team based on Government regulation No.27/1999
Figure 8.2.2 Procedural Flow of Environmental Impact Analysis (AMDAL)
(3) Committee of AMDAL
Committee of AMDAL is established to conduct review of the AK-ANDAL, ANDAL, RKL and RPL for proposed projects. The Committee will be established in project-wise by approval authorities such
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as Minister of Environment, Governor and Mayer decided depending on the size of the proposed project. According to the Article.30 of the Environmental Protection and Management Law (No.32/2009), the AMDALcommittee consists of following members.
1) Membership of Committee of AMDAL
- Representative from environmental institution;
- Representative from related technical institution;
- Expert in related knowledge with kind of effort and/or activity which has been studied;
- Expert related knowledge with impact that may occur from effort and/or activity which has been studied;
- Representative from community who has potency to be effected by impact; and - Representative from environmental Non-Governmental Organization
The AMDAL committee are classified into the central, provintial and district AMDAL committee depending on the category and size of the proposed project. The State Ministry of Environment Decree No.5/2008 indicates the responsible AMDAL Comiittee for each category and/or size of the proposed projectfor as follows:
1) Central AMDAL Committee: to assess types of business and / or activities is located in more than one area of the province; in the territory dispute with another country;
2) Provincial AMDAL Committee: to assess types of business and / or activities is located in more than one district / city and/or in cross-district / city; and
3) District AMDAL Committee: to assess types of business and / or activities is located in single district.