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Environmental Permit based on Business Licensing Application Through Online Single Submission

By January 29, 2019 No Comments

Environmental Permit

  1. General
    • OSS Institution issues an Environmental Permit with commitments, where such commitments can be in a form of an Analysis of Environmental Impacts (“Amdal”) completion for businesses that require Amdal or an Environmental Management and Supervisory Effort (“UKL-UPL”) completion for businesses that require UKL-UPL. Lastly, Business Actor must also fulfill the Environmental Permit commitment by not conducting any activities as long as the Amdal or UKL-UPL completion progress is still on going.
    • Environmental Permit is not required if :
      • The business is located in a special economic zone, industrial area, or free trade zone dan free port zone.
      • Micro and small business, business that does not require an Amdal completion or business that does not require an UKL-UPL completion.
  2. Environmental Permit with an Amdal as a form of Commitment to be fulfilled
    1. The procedures for completing Amdal consist of :
      • Announcement of business plan and public consultation;
      • The filling and submission of reference framework form;
      • Inspection and approval of reference frame form;
      • The production and submission of Andal and RKL-RPL;
      • The assessment of the submitted Andal and RKL-RPL and the issuance of environmental worthiness decision, or the issuance of environmental unworthiness decision.
        Time period for the announcement of business plan, public consultancy, filling of reference frame form, and examination of reference frame form must be conducted in no later than 30 business days after OSS has issued the Environmental Permit with commitment.Time period for the assessment of the submitted Andal-RKL-RPL, transfer of assessment result recommendation, and the issuance of environmental worthiness decision or the issuance of environmental unworthiness decision must be conducted no later than 60 business days after the Andal and RKL-RPL documents were received by Amdal Assessment Commission (“KPA”) and were declared to be administratively complete.In case Business Actor has failed to fulfill its commitment to complete an Amdal, Minister of Environment and Forestry (“Minister”) / Governor / Regent/Mayor will notify OSS regarding the failure to complete Amdal and the issued Environmental Permit will be declared null and void.Amdal is now integrated with another type of environmental protection and management permits, such as hazardous and toxic waste management (“B3”) permit, permit on waste disposal to the sea, permit on waste disposal to the water sources, permit on the utilization of waste to the ground, air pollution control, and traffic impact analysis (“Andalalin”).
    2. The announcement of business plan and public consultation must be conducted through :
      • The announcement of business plan must be submitted through OSS, mass media, or announcement on business location.
      • Public consultancy can be held both before and after the issuance of Environmental Permit, thus in case it is held after the issuance of Environmental Permit, it can be held before the announcement of the business plan, at the same time as the announcement of the business plan, or even after the announcement of the business plan.
      • Other than inviting the community member to attend the public consultation, Business Actor must also cooperate with relevant agencies and public figures to be involved in the public consultation.
      • Business Actor must record and prepare the opinions, feedbacks, and suggestions provided by the community to be used as a basic in filling the reference frame form.
      • Business Actor must announce the business plan and conduct the public consultation in no later than 20 business days after the issuance of Environmental Permit.
    3. The filling, submission, examination, and approval of the reference framework form.
      • Business Actor fills and submits the written and electronic reference frame form to Central KPA / Provincial KPA / District/City KPA no later than 20 business days after the issuance of Environmental Permit.
      • Examination and approval of the form must be provided no later than 10 business days after the form was received from Business Actor.
    4. Business Actor produces and submits the Andal and RKL-RPL to the Central KPA / Provincial KPA / District/City KPA based on the approved reference framework form.
      Time period for the production and submission of Andal and RKL-RPL is determined based on the commitment of the Business Actor as also stated on the approved reference framework form, with the maximum period that is allowed to be approved for is not exceeding 180 business days after the form approval was granted.
    5. Assessment of Andal and RKL-RPL as well as the issuance of environmental worthiness decision or the issuance of environmental unworthiness decision is conducted both administratively and technically.
      Andal and RKL-RPL that need to be revised will be returned to the Business Actor.Time period for the Andal and RKL-RPL assessment, including for the Andal and RKL-RPL revision and re-submission, is 50 business days after Andal and RKL-RPL documents were declared administratively complete.
    6. Time period for the transfer of Andal and RKL-RPL assessment result recommendation containing environmental worthiness recommendation or environmental unworthiness recommendation to the Minister / Governor / Regent/Mayor are 5 business days after the assessment being completed.
    7. Minister / Governor / Regent/Mayor must issue the environmental worthiness decision or environmental unworthiness decision based on the Andal and RKL-RPL assessment result recommendation in no later than 5 business days after the recommendation being received from KPA.
  1. Environmental Permit with an UKL-UPL as a form of Commitment to be fulfilled
    1. The procedures for completing UKL-UPL consist of :
      • The filling and submission of UKL-UPL form to the Minister / Governor / Regent/Mayor through OSS;
      • UKL-UPL examination as well as the approval of UKL-UPL recommendation through OSS.
        Time period for the filling and submission of UKL-UPL is in no later than 10 business days after the issuance of Environmental Permit.In case Business Actor has failed to submit the UKL-UPL in the available time period, the issued Environmental Permit will be declared null and void.UKL-UPL is now integrated with another type of environmental protection and management permits, such as B3 permit, permit on waste disposal to the sea, permit on waste disposal to the water sources, permit on the utilization of waste to the ground, air pollution control, and traffic impact analysis Andalalin.
    2. UKL-UPL examination and the approval of UKL-UPL recommendation.
      UKL-UPL examination is conducted both administratively and technically in no later than 5 business days after UKL-UPL being received from Business Actor.In case based on the examination result the UKL-UPL is declared incomplete and needs to be revised, Minister / Governor / Regent/Mayor will return the UKL-UPL to the Business Actor through OSS to be revised and re-submitted no later than 5 business days after the UKL-UPL being returned by the Minister / Governor / Regent/Mayor.In case based on the examination result the UKL-UPL is declared complete, Minister / Governor / Regent/Mayor must approve the UKL-UPL recommendation and the Environmental Permit will be declared effective through OSS.In case Minister / Governor / Regent/Mayor has failed to provide its approval of the UKL-UPL recommendation in the available time period, the UKL-UPL recommendation and Environmental Permit commitment will be considered to has been completed and approved.

Environmental Permit Amendment

  1. Business Actor must submit the petition for amendment of Environmental Permit through OSS if there is a plan to make some alterations on the business which already has an Environmental Permit.The criteria of alterations in business consists of :
    1. Alterations in business ownership;
    2. Alterations in environmental management and supervisory;
    3. Alterations that affect the environment such as :
      • Alterations in the equipment being used for production purposes that affect the environment;
      • Alterations in the supervisory of production capacity;
      • Alterations in technical specification that affect the environment;
      • Alterations in business tools;
      • Expansion of land and building being used for the business;
      • Alterations in time period or duration of the business;
      • Business located in an area which is yet to be included in the Environmental Permit;
      • Alterations in government policy in an effort to tighten the environmental protection and management;
      • Alterations in the environment which is fundamental as a result of natural disaster or other causes, before and during the business operation.
    4. Alterations in the impacts and/or risks to the environment based on an obligatory environmental risk analytical study and/or obligatory environmental audit.
    5. The business plan is yet to be implemented in 3 years since the Environmental Permit was issued.
    6. Alterations in business which does not affect the environment such as :
      • Alterations in business as caused by corporate splitsing and/or merger, whether partially or wholly;
      • Alterations in the name of the person in charge of the business operation;
      • Alterations in the name of the business without changing the line of the business;
      • Decrease in business operation and/or decrease in the total amount of area being used for the business.
  2. Business Actor that will amend its Environmental Permit must first submit a petition for guidance for Environmental Permit amendment to the Minister / Governor / Regent/ Mayor through OSS. The guidance will then be used as a basis for the submission of petition for Environmental Permit amendment.
    Minister / Governor / Regent/Mayor will evaluate the petition and provide guidance for the Environmental Permit amendment through OSS, by considering whether the alterations in business will or will not have any impacts on the environment.
  3. If based on the guidance, the alterations in business are declared to be having an impact on the environment; the Environmental Permit must be amended by submitting a petition for Environmental Permit amendment in order to amend the environmental worthiness decision or UKL-UPL recommendation through OSS. The amendment of environmental worthiness decision must be conducted through :
    • The submission and assessment of a new Amdal for business alteration plan that requires an Amdal to be completed; or
    • The submission and assessment of an Andal and RKL-RPL addendum for business alteration plan that requires an Amdal to be completed.