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Significant Impacts, Guidelines
for the Determination of (BAPEDAL Decree No. 056, 1994)
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DECREE
CONCERNING
GUIDELINES
FOR
THE
DETERMINATION OF SIGNIFICANT IMPACTS
Head
of the Environmental Impact Management Agency Decree Number Kep-056 of
1994
THE HEAD OF
THE ENVIRONMENTAL IMPACT MANAGEMENT AGENCY
Considering:
that, for the implementation
of Government Regulation
No. 51 of 1993 Regarding Environmental
Impact Assessment, it is deemed necessary to stipulate Guidelines for the
Determination of Significant Impacts.
In View of:
-
Law No. 4 of 1982 regarding
Basic Provisions for the Management of the Living Environment (State Gazette
No. 12, 1982, Supplement to State Gazette No. 3215);
-
Law No. 5 of 1990 regarding
Conservation of Natural Resources and Eco-systems (State Gazette No. 49,
1990, Supplement to State Gazette No. 3419);
-
Law No. 24 of 1992 regarding
Spatial Use Management (State Gazette No. 115, 1992, Supplement to State
Gazette No. 3501);
-
Government
Regulation No. 51 of 1993 regarding Environmental
Impact Assessment (State Gazette No. 84, 1993, Supplement to State Gazette
No. 3538);
-
Decree of the President
of the Republic of Indonesia No. 23 of 1990 regarding the Environmental
Impact Management Agency.
HAS DECIDED
TO STIPULATE:
Guidelines
for the Determination of Significant Impacts
First
The Guidelines for the
Determination of Significant Impacts shall be as intended in the Appendix
hereto.
Second
This decree shall take
effect as of the date of promulgation and if any error is found in the
future, a revision shall be made accordingly.
Promulgated
in Jakarta on 18 March 1994
Head of
the Environmental Impact Management Agency
(signed)
Sarwono Kusumaatmadja
APPENDIX
I
GUIDELINES FOR
THE DETERMINATION OF SIGNIFICANT IMPACTS
I.
Definitions
1.
A significant impact shall mean any fundamental change in the environment
caused by a business or activity; Article 16 of Law Number 4 of 1982 states
that any proposed activity which is predicted to have a significant impact
on the environment is required to be subject to the environmental impact
assessment process.
2.
Impact significance for a business or activity pursuant to the Clarification
of Article 16 of Law Number 4 of 1982 and Chapters
2 and 3 of Government Regulation Number 51 of 1993
is determined by:
-
Number of people affected
by the impact,
-
Areal extent of the impact,
-
Duration of the impact,
-
Intensity of the impact,
-
Number of other environmental
components affected by the impact,
-
Cumulative nature of the
impact,
-
Reversibility or irreversibility
of the impact.
3. Each
of the factors as referred to in Item 2 above consists of a set of impact
significance criteria, i.e., specific measurements, standards or principles.
The determination of impact significance shall be the basis for the evaluation
of whether or not a business or activity may produce significant impacts
on the environment.
4.
The Guidelines for the Determination of Significant Impacts as defined
herein shall constitute the basic guide providing direction for the determination
of whether a proposed business or activity will have significant impacts
on the environment.
5.
The Guidelines for the Determination of Significant Impacts shall be used
for screening a proposed business or activity and for the preparation of
an Environmental Impact Statement (ANDAL), along with other requirements
of the EIA process for integrated/multi-sectoral projects, estates (AMDAL
Kawasan) and regional development areas (AMDAL Regional).
6.
To determine whether or not an environmental impact caused by the implementation
of a proposed business or activity is significant, it is also necessary
to pay due attention to applicable laws and regulations, both within and
outside Indonesia.
7.
A proposed business or activity which will be developed either in a protected
area which has had its designation changed or which borders on a protected
area, is categorized as producing significant impacts. The meaning of protected
areas according to the Clarification of Chapter 7 of Law Number 24 of 1992
Concerning Spatial Use Management shall include the following:
-
Forest protection areas
-
Peat areas
-
Water catchment area
-
Coastal edges
-
River edges
-
Areas surrounding lakes
and reservoirs
-
Areas surrounding springs
-
Nature conservation areas
(including nature reserves, wildlife reserves, tourism forests, biodiversity
protection areas, and wildlife refuges)
-
Marine and freshwater conservation
areas (including marine waters, fresh water bodies, coastal areas, estuaries,
coral reefs and atolls which have special features such as high diversity
or unique ecosystem)
-
Coastal mangrove areas
-
National parks
-
Recreation parks
-
Nature parks
-
Cultural reserve and scientific
research areas (including karst areas, with special cultural features,
archeological sites or sites with high historical valued
-
Areas of natural hazards
II.
Determination of Significant Impacts on the Environment
1.
The determination of the significance of impacts shall include the following
basic considerations:
-
That the evaluation of
the significance of an impact on the environment is related to the scale
of the proposed business or activity, along with the effectiveness and
efficiency of implementation of the business or activity.
-
That the evaluation of
the significance of an impact on the environment may also be based on the
impact of the business or activity on only one aspect of the environment
or on its overall impacts, and on its inter-relationships with other environmental
features within the given study area.
-
That the evaluation of
the significance, positive or negative impacts cannot be considered as
independent factors, but their respect weights and inter-relationships
should be considered in coming to a decision.
2. Guidelines
Concerning the Determination of Significant Impacts
-
Number of People Affected
by the Impact. Each proposed business or activity has an objective
related to the number of people expected to benefit once it is implemented.
However, both positive and negative impacts which may be produced by a
proposed business or activity may be borne by a number of people who may
or may not have been included in the objectives of that business or activity.
In view of the fact that the definition of people affected by the impact
may cover a very broad range, the criteria for the determination of significant
impacts should therefore be related to the basic principles or norms of
life which have value in the society at large.
Therefore, the environmental
impacts of a proposed business or activity, as based on the social norms
of the community and the number of people affected, are determined to be
significant if:
the people
in the study area who are affected by the environmental impacts but do
not benefit from the business or activity are of equal or greater number
than those enjoying the benefits.
The beneficiaries
of the business or activity refers to those persons who directly benefit
from the proposed business or activity or are directly involved as workers
in the business or activity.
-
Areal Extent of the
Impact. The extent of the area experiencing an impact is one of the
factors in determining the significance of an impact on the environment.
In this regard, the environmental impact of a proposed business or activity
shall be significant if:
the proposed
business or activity produces an area undergoing fundamental changes, in
view of the aspects of impact intensity, irreversibility of the impact
or the cumulative nature of the impact.
-
Duration of the Impact.
Impacts of a proposed business or activity can arise from one or more of
the various phases of the business or activity. In other words, the impact
may be relatively brief, i.e., occurring only in a specific phase of the
project cycle (planning) construction, operation, post-operation), while
other impacts could take place over a longer period such as from the construction
phase to the post-operation phase. Based on these considerations, the environmental
impact will be considered significant if:
the proposed
business or activity produces fundamental changes, in view of the aspects
of impact intensity, irreversibility of the impact or the cumulative nature
of the impact, lasting through one or more phases of the activity.
-
Intensity of the Impact.
Impact intensity refers to major or drastic environmental changes which
occur over a relatively wide area and over a short period of time. Hence,
environmental impacts shall be deemed to be significant if:
-
The proposed business or
activity will cause changes in the physical and/or biological characteristics
of the environment which exceed the environmental quality standards as
prescribed in applicable legislation;
-
The proposed business or
activity will produce fundamental changes in environmental components which
execeed recognized criteria based on scientific considerations;
-
The proposed business or
activity will cause endemic and/or rare and/or protected species, and er
the prevailing laws, to become threatened with extinction or damage to
their habitat;
-
The proposed business or
activity cause damage or disturbance to protected areas (conservation areas,
nature reserves, national parks, wildlife reserves, etc.) as designated
under applicable legislation;
-
The proposed business or
activity will damage or destroy valuable historical artifacts and structures;
-
The proposed business or
activity will cause conflict or controversy with or within the community
and local administration or the central government;
-
The proposed business or
activity will alter or modify an area of great scenic beauty.
-
Number of Other Environmental
Components Affected by the Impact. In view of the fact that in principle
no environmental component is independent, or, in other words, that all
environmental components are inter-related and influence each other, an
impact on one environmental component will generally lead to further impacts
on other environmental components. In this regard, an impact shall be designated
as significant if:
the
proposed business or activity produces secondary and other impacts for
which the number of environmental components affected is greater than or
equal to the number of components experiencing the primary impacts.
-
Cumulative Nature of the Impact.
Cumulative means the attribute of increasing, adding to or accumulating.
The impacts of a business or activity are said to be cumulative if, in
the beginning, the impacts are not visible nor considered important, but
as the activity is repeated or carried out continuously the impacts will,
over time, become additive. Therefore, an impact of a business or activity
is considered to be significant if:
-
The environmental impact
occurs repeatedly and continually, so that eventually it can no longer
be assimilated by the natural or social environment;
-
A variety of environmental
impacts are concentrated in a given area, with the result that they cannot
by assimilated by the natural or social environment;
-
The environmental impacts
of various activities produce mutually strengthening (synergetic) effects.
-
Reversibility or Irreversibility
of the Impact. Some impacts of activities on the environment are reversible,
while others are irreversible, even with human intervention. In this regard,
an impact will be considered to be significant if:
the changes which
will be experienced by any environmental component will be irreversible,
even with human intervention.
Top of Page
Acknowledgement: Text from "Himpunan Peraturan Tentang Pengendalian
Dampak Lingkungan, Seri II", published by BAPEDAL (1996).
Disclaimer: APCEL has tried to ensure
the accuracy, reliability and completeness of the information in this database;
however, APCEL does not guarantee the accuracy, reliability or completeness
of this information. If you encounter an error, please notify us by e-mail
at lawapcel@nus.edu.sg.
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