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Screening of Environmental and Social Risks

5.1 ENVIRONMENTAL AND SOCIAL PROCEDURE

5.1.2 Screening of Environmental and Social Risks

J-SLMP activities that pass the negative list screening will then be further screened for potential environmental and social risks by the implementing agency (OPDs, KPH and TN) at the national and provincial levels with technical support and oversight from the provincial E&S specialists. Activities will be screened and assessed on the basis of their potential risks and impacts (refer Table 4). Such screening will preliminary define the required safeguards management and recommendations to

address the identified risks and impacts (preventive measures, capacity building, technical assistance and oversight to strengthen risk management).

Table 4 E&S Risk Classification

Risk

Classification

Description Instrument(s)

High* Wide range of significant adverse risks and impacts on human

populations or the environment including i) long term, permanent and/or irreversible and impossible to avoid entirely due to the nature of the project; ii) high in magnitude and/or in spatial extent; iii) significant adverse cumulative impacts or transboundary impacts; and iv) a high probability of serious adverse effects to human health and/or the environment (e.g., due to accidents, toxic waste disposal, etc.)

Some of the significant adverse ES risk and impacts of the Project cannot be mitigated or specific mitigation measures require complex and/or unproven mitigation, compensatory measures or technology, or sophisticated social analysis and implementation.

Not applicable Note: High risk sub- projects will not be permitted under J- SLMP (refer Negative List).

Substantial The Project may not be as complex as High-Risk Projects, its E&S scale and impact may be smaller (large to medium) and the location may not be in such a highly sensitive area, and some risks and impacts may be significant. This would take into account whether the potential risks and impacts have the majority or all of the following characteristics: i) mostly temporary, predictable and/or reversible and the nature of the project does not preclude the possibility of avoiding or reversing them; ii) adverse social impacts may give rise to a limited degree of social conflict, harm or risk to human security; iii) medium in magnitude and/or spatial extent; iv) there is medium to low probability of serious adverse effects to human health and/or the environment (e.g., due to accidents, toxic waste disposal, etc.), and there are known and reliable

mechanisms available to prevent or minimize such incidents.

Mitigatory and/or compensatory measures may be designed more readily and be more reliable than those of High-Risk Projects.

Environmental and Social Assessment (ESA) and

Environmental and Social Management Plan (ESMP) Equal to AMDAL and UKL-UPL in Indonesia regulation system (Minister of Environment Regulation No 5/2012)

Moderate Potential adverse risks and impacts on human populations and/or the environment are not likely to be significant. This is because the Project is not complex and/or large, does not involve activities that have a high potential for harming people or the environment, and is located away from environmentally or socially sensitive areas. As such, the potential risks and impacts and issues are likely to have the following characteristics: i) predictable and expected to be temporary and/or reversible; ii) low in magnitude; iii) site-specific, without likelihood of impacts beyond the actual footprint of the Project; and iv) low probability of serious adverse effects to human health and/or the environment (e.g., do not involve use or disposal of toxic materials, routine safety precautions are expected to be sufficient to prevent accidents, etc.).

The Project‟s risks and impacts can be easily mitigated in a predictable manner.

Environmental and Social Assessment (ESA) and

Environmental and Social Management Plan (ESMP) Equal to UKL-UPL in Indonesia regulation system (Minister of Environment Regulation No 5/2012)

Low Potential adverse risks to and impacts on human populations and/or the environment are likely to be minimal or negligible. These Projects, with few or no adverse risks and impacts and issues, do not require further ES assessment following the initial screening.

Code of

Environmental and Social Practice Equal to SPPL in

Indonesia regulation system (Minister of Environment Regulation No 5/2012)

The following table provides classification of potetial sub-project activities based on their respective risk levels.

Table 5 Sub-project Risk Classification

Project-Type Category C (SPPL/no EIA)

Low Risk

Category B (UKL-UPL) Medium Risk

Category A/B+ (AMDAL) High Risk

Forest management and agroforestry measures

 Sawmilling & timber processing (<2,000 m3)

 Small-scale NTFP production and

processing (no threshold defined)

 Processing of rattan (preservation and heating)

 Rice milling

 Processing of plantation crops

 Processing and packaging of crops, forest products, and NTFPs

 Sawmilling & timber processing (2,000- 6,000 m3)

 Timber utilization business operation in community plantation forests (≤10,000 ha)

 Development of plantation areas on non- state forest land or state forest land planned for forest conversion (seasonal: <3,000 ha, perennial: <3,000 ha)

 Medium-scale NTFP production and

processing (no threshold defined)

 Breeding of natural plants and/or wildlife in captivity for trading (any size)

 Sawmilling & timber processing (>6,000 m3)

 Timber utilization business operation in plantation forests (>5,000 ha)

 Timber utilization business operation in natural forests (any size)

 Development of plantation areas on non- state forest land or state forest land planned for forest conversion (seasonal: >2,000 ha, perennial: >3,000 ha).

 Large-scale NTFP production and

processing (no threshold defined)

 Projects involving earth- moving activities (>500,000 m³ of earth moved)

Construction, operation and maintenance of small- scale facilities and buildings (ecotourism, processing, commercial and/or administrative)

 Construction of ecotourism facilities (building size:

<5,000 m²)

 Construction of processing facilities (building size:<5,000 m²)

 Construction of

commercial/administrativ e buildings (building size:<5,000 m²)

 Construction of ecotourism facilities (building size: 5,000–

10,000 m²)

 Construction of processing facilities (building size: 5,000–

10,000 m²)

 Ecotourism in protection/production forest (all sizes)

 Development of (non- theme) recreational parks (<100 ha)

 Tourist/visitor

 Construction of ecotourism facilities (building size:

>10,000 m² or land area:

>5 ha)

 Construction of processing facilities (building size:

>10,000 m² or land area:

>5 ha) and

 Development of (non- theme) recreational parks (>100 ha).

accommodation (all sizes)

Other  Furniture production

 Small handicraft production

 Water bottling (any size)

 Water consumption (e.g.

for bottling) in production/protection forest (<30% of water discharge)

 Water

consumption/drinking water (50-250 l/sec from river/lake 2.5-250 l/sec from water spring 150 l/sec from groundwater)

 Water processing installation (50- 100 l/sec)

 Fish ponds with (semi) advanced technology (<50 ha)

 Handicraft industry (>30 employees)

 Water bottling (freshwater extraction rate: >250 l/sec, groundwater extraction rate: >50 l/sec in area <

10 ha).

 Fish ponds with (semi) advanced technology (>50 ha)

Technical thresholds:

AMDAL: Based on Minister of Environment Regulation No. 5/2012

UKL-UPL: Based on Circular Letter B-5362/Dep I-1//LH/07/2010 from the Ministry of Environment to all Governors, Bupati‟s, and Heads of Environmental Agencies in Provinces and Districts (based on Minister of Environment Regulation No.13/2010 on UKL UPL SPPL) and Ministry of Public Works Regulation No. 10/PRT/M/2008

On the basis of the initial screening and further environmental and social assessments (i.e. on the ground verification and consultations), risk classifications will be made and risk mitigation measures will be mobilized. An example of a guideline of risk classifications is provided in Table 4 and Table 5.

Specifically, the screening will identify the safeguards instruments that are required to be applied for the activity, as follows:

 the relevant environmental codes of practices to be applied for the activity (refer Annex 3);

 requirement for integrated pest management (refer Annex 4);

 requirement for conducting HCV to preliminary identify potential impacts to indigenous peoples and physical cultural resources (refer Annex 5);

 requirement for developing environmental and social management plans (i.e. UKL-UPL or SPPL as relevant (Annex 6).

 FGRM (refer Annex 7)

 IPPF to address risks and impacts on Indigenous Peoples (Annex 8);

 RPF, covering a PF to address resettlement risks and access restrictions (Annex 9);

 Chance Finds Procedures (Annex 10); and

Stakeholder consultations and community engagement will precede any activities under J-SLMP. If the project will be implemented in areas where there is presence of Adat communities and/or other community groups who meet the criteria of OP 4.10, Free, Prior and Informed Consent (FPIC) will need to be obtained prior to any activity with potential impacts. These consultations and engagement will be carried over during J-SLMP and future ERP implementation.

5.1.3 Preparation of Environmental and Social Management