New Regulation on Environmental Permit  E-mail

Background

The background or purpose of the issuance of Government regulation Number 27 of 2012 on Environmental Permit (“GR No. 27/2012”) is to provide environment protection and increase sustainable efforts to control the business and/or activities that have a negative impact on the environment, provide the explanation of procedures, mechanism and coordination between the government agencies to conduct the implementation of licensing for business and/or activities, and to provide legal certainty in the business and/or activities.

 

The definition of Environmental Permit based on GR No. 27/2012, is a permit given to anyone who is doing business and/or activities that is required to have Analysis of Environmental Impact (“AMDAL”) or Environment Management Efforts-Environment Monitoring Efforts (“UKL-UPL”)  in relation to protection and environment management as a prerequisite before obtaining business license and or activities. Every business and/or activities that is required to have AMDAL or UKL-UPL is obliged to have Environmental Permit.

 

 

Application for environmental permit 

1. Environmental Permit application must be submitted in writing by the person who is incharge of the business and/or activities as initiator to the Minister, governor, or a regent/ mayor in accordance with their authority.

2. Environmental Permit application is delivered simultaneously with the filing of AMDAL assessment and Environment Management Plan - Environment Monitoring Plan (“RKL-RPL”) or inspection of UKL-UPL.

3. Environmental Permit application must contain the following documents:

 

  • AMDAL document or UKL-UPL’s form;
  • Business establishment documents and/or activities; business establishment document and/or activities which can be a deed of establishment of a company for the business and/or private nature activities, while for government among others such as legal basis for establishment of government institutions;
  • Business profile and/or activities includes the following:

 

(i)  The name of person in charge in the business and/or activities;

(ii)  Business name and/or activities;

(iii)  Business address and/or activities;

(iv) Business field and/or activities; and

(v)  Business location and/or activities.

 

4. After receiving the application for the Environmental Permit, the Ministers, Governors, or Regent/Mayor shall announce the Environmental Permit application.

The announcements for the businesses and/or activities that require AMDAL shall be conducted by Ministers, Governors, or Regent/Mayor. The announcements can be conducted via multimedia and bulletin board on the business location and/or business activities at the latest 5 (five) working days since the document of AMDAL and RKL-RPL which has been submitted, is declared to be administratively complete.

 

Issuance of environmental permit.

1.  The Environmental Permit will be issued by : 

 

  • The Minister, for the Environmental Feasibility Decision (Keputusan Kelayakan Lingkungan Hidup) (Environmental Feasibility Decision is decision stating Environmental Feasibility of the business plan and/or activities obliged to be completed by AMDAL) or UKL-UPL recommendations issued by the Minister;
  • Governor, for the Environmental Feasibility Decision or UKL-UPL recommendations issued by Governor; and
  • Regent/Mayor, for the Environmental Feasibility Decision or UKL-UPL recommendations issued by Regent/ Mayor.

 

 

2. The Environmental Permit will be issued by Minister, Governor, and/or Regent/ Mayor as set out above: 

  • after the announcement of Environmental Permit; and  
  • it is conducted simultaneously with the issuance of the Environmental Feasibility Decision or UKL-UPL recommendations.

  

3.  Environmental Permit shall contain at least: 

  • the requirements and obligations contained in the Environmental Feasibility Decision or UKL-UPL recommendations;
  • requirements and obligations set forth by the Minister, the Governor, or Regent/Mayor; and
  • the termination of Environmental Permit.

Environmental Permit will expire simultaneously with the termination of the business and/or activities license.

4. Environmental Permit which has been issued by the Minister, Governors, or Regents/Mayors shall be announced through mass media and/or multimedia.

The announcement must be made within 5 (five) working days since the Environmental Permit has been issued.

In case there is ownership change in the business and/or activities, the Minister, the Governor, or Regent/Mayor according to their authority shall issue the amendment of Environmental Permit.

In case there is a change of management and the monitoring of environment, a person in charge of business and/or activities shall submit the reports alteration to the Minister, Governor, or Regent/Mayor.

Based on the changes of report on management and the monitoring of environment, the Minister, Governor, or Regent/Mayor according to their authority issuing amendment of Environmental Permit.

 

Obligations of holders of Environmental Permit

Environmental Permit holders is obliged to:

1.  comply with the requirements and obligations that are contained in Environmental Permit and the protection and management of Environmental Permit;

2.  make and submit the performance report on the terms and obligation set out in the Environmental Permit to the Minister, Governor, Regent/Mayor in Environmental permit; and

3.  to provide guarantee fund for the recovery of environmental function in accordance with the laws and regulation.

The reports as referred to above is submitted periodically every 6 (six) months (in accordance with Articles 53 GR No. 27/2012)

 

Administrative sanction

1. Environmental Permit holders who violate the provisions of Article 53 of GR No. 27/2012 (which refers to the obligations by holder of Environmental Permit), shall be imposed an administrative sanctions which includes :

a.  written warning;

b.  government coercion;

c.  suspended environmental permit; or

d.  revocation of Environmental Permit.

2.  Administrative sanctions as mentioned above, shall be implemented by the Minister, Governor, Regent/Mayor according to their authority.

 

Environment document that was approved before the validity of this GR NO. 27/2012, will still be valid and be considered as Environmental Permit.

 

When this GR No. 27/2012 becomes effective, the Government Regulation No. 27 of 1999 on Environmental Impact Analysis (State Gazette of the Republic of Indonesia Year 1999 Number 59, Additional State Gazette of the Republic of Indonesia Number 3838) is revoked and declared as not valid any more.

 

This GR No. 27/2012 will be valid from the date of this GR No. 27/2012 is enacted, which is on 23 February 2012. 

 

 

Sartika DY Darwis