05 Mar 2013
GUIDELINES FOR THE COMPOSITION OF ENVIRONMENTAL DOCUMENTS
The State Minister for the Environment has issued a new regulation regarding how the Environmental Documents being the prerequisites for a company’s environmental license are to be composed. The regulation is Regulation of the State Minister for the Environment No. 16 of 2012 on Guidelines for the Composition of Environmental Documents (the “Regulation”), and is the implementing regulation of Article 6 and Article 16 of Government Regulation No. 27 of 2012 on Environment Licenses.
The Environmental Documents consist of the following 3 documents:
1. Environmental Impact Assessment (Analisis Mengenai Dampak Lingkungan/AMDAL), which is an assessment report on the significant impacts of the company’s business and/or activities on the environment, which is necessary for the process of the decision making regarding the running of the business and/or activities.
2. Environmental Management Efforts and Environmental Monitoring Efforts Form (Formulir Upaya Pengelolaan Lingkungan Hidup dan Upaya Pemantauan Lingkungan Hidup/UKL-UPL), which pertains to the management and monitoring efforts by the company of its business and activities that have no significant impacts on the environment, which is necessary for the process of the decision making regarding the running of the business and/or business activities.
3. Statement of Environmental Management and Monitoring Undertaking (Surat Pernyataan Kesanggupan Pengelolaan dan Pemantauan Lingkungan Hidup/SPPL), which is a statement regarding the company’s undertaking to monitor and manage the environmental impact of its business and/or activities which are exempted from the AMDAL or UKL-UPL requirement
The first two documents mentioned above are required for the submission of the application for the Environmental License. The SPPL is only for businesses and/or activities which are exempted from the AMDAL and UKL-UPL requirement.
The AMDAL itself consists of three separate documents:
a. Terms of Reference (Kerangka Acuan/KA ANDAL);
b. Environmental Impact Analysis (Analisis Dampak Lingkungan/ANDAL);
c. Environmental Management Plan and Environmental Monitoring Plan (Rencana Pengelolaan Lingkungan Hidup and Rencana Pemantauan Lingkungan Hidup/RKL-RPL);
The Terms of Reference is the initial assessment of the impacts of the business and/or activities on the environment, which is to be further elaborated in the ANDAL. The RKL-RPL sets forth the plans for the management of the environment and prevention of the negative impacts on the environment.
The Regulation intensifies the environment assessment requirement, but simplifies the composition of the AMDAL documents. Under the old regulation (Government Regulation No. 27 of 1999 on Environmental Impact Assessment) there are five AMDAL documents: KA-ANDAL, ANDAL, RKL, RPL and Executive Summary. This new regulation reduces the AMDAL documents to only three: KA-ANDAL, ANDAL, and RKL-RPL.
With the enactment of the Regulation, the following older regulations are revoked:
1. State Minister for the Environment Regulation No. 08 of 2006 on Guidelines for the Composition of AMDAL documents;
2. State Minister for the Environment Regulation No. 13 of 2010 on UKL-UPL and SPPL
(by: Adithya Lesmana)