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Exemption of Mandatory Environmental Impact Analysis for Businesses and/or Activities located in the Regencies/Cities Area that have Spatial Detail Plan

By November 27, 2018 No Comments

Background

On July 13, 2018, the Government issued the Minister of Environment and Forestry of the Republic of Indonesia Regulation Number: P.24/Menlhk/Setjen/Kum.1/7/2018,which regulates the Exemption of Obligations to Arrange Environmental Impact Analysis for Businesses and / or Activities Located in the Regency / City Region that Has a Spatial Detail Plan (“LH Regulation No. 24/2018“). This environmental regulation is stipulated to implement the provisions of Article 13 paragraph (3) Government Regulation No. 27 of 2012 concerning Environmental Permits.

Limitation and Criteria for Exemptions to Obligation to Prepare AMDAL

Every business and/or activity that has an important impact on the environment is exempted from the obligation to prepare an Environmental Impact Analysis (“AMDAL”) if the location of the Business plan and/or its activities is located at the regency/city area that has a Spatial Detail Plan (“RDTR”), with provisions:

  • RDTR has been equipped with a Strategic Environmental Assessment (“KLHS”) that was made and implemented in a comprehensive and detailed manner;
  • RDTR already integrated the results of KLHS.

Businesses and / or activities that are exempted from the obligation to prepare the AMDAL must compile Environmental Management Efforts and Environmental Monitoring Efforts (“UKL-UPL“). However, it should be noted that the exemption of the obligation to prepare the AMDAL is only valid if the business plan and / or activity is still within the scale of the KLHS and RDTR studies.

Preparation and Implementation of KLHS for RDTR Compilation and Evaluation

The mechanism that is carried out to make and implement the KLHS in the framework of the preparation and evaluation of the RDTR is as follows:

  1. Assessment of the effect of RDTR on environmental conditions, which is implemented through the following stages:
    • identification and formulation of strategic issues for sustainable development;
    • identification of RDTR material that has the potential to influence environmental conditions;
    • analysis of the influence of RDTR content against strategic issues of sustainable development.
  2. Formulation of alternative improvements to RDTR based on the results of analysts’ influence on the content of the RDTR on strategic issues of sustainable development;
  3. Preparation of recommendations for improvement for RDTR decision making that integrates the principles of sustainable development based on the results of the alternative formulation of RDTR improvements.
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Procedure for Exemptions to Obligation to Prepare AMDAL

To obtain the approval for the AMDAL compulsory exception governor or regent/mayor submits an application in writing to the Minister of Environment and Forestry (“Minister”), by completing:

  1. RDTR documents that have been stipulated by Regional Regulations;
  2. RDTR and KLHS document that has been validated in accordance with the provisions of the legislation; and
  3. Validation letter for the KLHS RDTR signed by the Minister or governor in accordance with their authority.

The decision regarding the approval or rejection of the AMDAL obligation exclusion request will be issued no longer than 20 (twenty) working days after the application is declared complete.


Kenny Purba