26/07/2010
REGULATION ON REQUIREMENT TO ISSUE A STATEMENT OF UNDERTAKING TO MANAGE AND MONITOR IMPACT OF ACTIVITIES ON ENVIRONMENT (SPPL)
A ministerial regulation for the implementation purposes of Article 35 section (3) of Law No. 32 of 2009 regarding Environmental Protection and Management (“Law No. 32”) was issued on 7 May 2010. The implementation regulation is Minister of Environment Regulation No. 13 of 2010 regarding Environmental Management and Monitoring Efforts and Statement of Undertaking Environmental Management and Environmental Monitoring (or “SPPL”) (“Regulation No. 13/2010”).
Article 35 of Law No. 32 pertains basically to businesses that are exempted from the requirement to have an environmental management program as well as an environmental monitoring program (“UKP-UKL programs”). In its Article 22, Law No. 32 requires that businesses with activities that pose serious threat to the environment must have an Amdal (Environmental Impact Assessment) clearance. The UKL-UPL requirement applies to businesses which activities are of minimal environmental risks. The SPPL essentially is a statement by the responsible person of a micro, small or medium-sized enterprise, declaring his/her undertaking to manage and monitor the impact of the business or activities of the enterprise concerned on the environment.
Article 3 of the Regulation No. 13/2010 stipulates the regional authorities (governors, regents, or mayors) that have the discretionary power to determine the businesses and activities that that require an UKL-UPL or SPPL. In determining the businesses and activities these authorities must follow the guidelines provided in Attachment I of Regulation No. 13/2010. The guidelines consist of a series of procedures for the determination of businesses that do not pose serious threat, that therefore are only required to have UKL-UPL programs or to issue an SPPL.
Regulation No. 13/2010 repeals and replaces the previous Minister of Environment Decision No. 86 of 2002 on the same subject matter and became effective on the day of its issue. (by: Hamud M. Balfas)