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Environmental Impact Assessment,
Types of Businesses or Activities Required to Prepare (MOE Decree No. 11,
1994)
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DECREE
CONCERNING
TYPES
OF BUSINESSES OR ACTIVITIES
REQUIRED
TO PREPARE
AN
ENVIRONMENTAL IMPACT ASSESSMENT
Minister
of State for the Environment
Decree
No. Kep-11/Menlh/3/1994
THE MINISTER
OF STATE FOR THE ENVIRONMENT
Considering:
that for the implementation
of Government Regulation
No. 51 of 1993 regarding Environmental
Impact Assessment it is necessary to stipulate a Decree of the Minister
of State for the Environment regarding the types of businesses or activities
which are required to complete an Environmental Impact Assessment.
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 Ecosystems (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. 20 of 1990 regarding Management
of Water Pollution (State Gazette No. 34, 1990, Supplement to State Gazette
No. 3409);
-
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
the Republic of Indonesia No. 23 of 1990 regarding the Environmental Impact
Management Agency;
-
Decree of the President
of the Republic of Indonesia No. 32 of 1990 regarding Management of Protected
Areas;
-
Decree of the President
of the Republic of Indonesia No. 44 of 1993 regarding Position, Basic Tasks,
Function, Organizational Structure and Administration of Ministers of State;
-
Decree of the President
of the Republic of Indonesia No. 96/M of 1993 regarding the Establishment
of Development Cabinet VI;
And Noting:
-
Letter of the Minister
of State for the Environment/Head of BAPEDAL to the relevant Ministers/Heads
of Non-Departmental Government Agencies No. B-2335/MENLH/12/93 to B-2347/MENLH/12/93
regarding the Concept of Criteria for Activities Which Require Environmental
Impact Assessment.
-
Suggestions and opinions
provided orally or in writing by the relevant Ministers/Heads of Non-Departmental
Government Agencies concerning item 1 above.
HAS DECIDED
TO STIPULATE:
A Decree
of the Minister of State for the Environment
Concerning
The Types
of Businesses or Activities
Required
to Prepare an Environmental Impact Assessment
First
The types of businesses
or activities which are required to carry out an Environmental Impact Assessment
shall be as set forth in Appendix I hereto.
Second
Any types of businesses
or activities not included in said Appendix I hereto,
but located in or bordering on a protected area as listed in Appendix
II hereto, shall be required to prepare an Environmental Impact Assessment.
Third
Types of businesses
or activities which are not included in Appendix I
hereto, but which may change the purpose and/or designation of a protected
area as mentioned in Item 2 above of this Decree, shall be required to
prepare an Environmental Impact Assessment.
Fourth
Types of businesses
or activities which are not included in Appendix I
hereto, but which are located within a protected area as mentioned in Item
2 above of this Decree for which the designation has been changed according
to applicable laws and regulations, shall be required to prepare an Environmental
Impact Assessment.
Fifth
In the event that the
responsible authority is unsure whether a proposed business or activity
is included in the provisions of Appendix I of this
Decree, then that responsible authority shall request clarification in
writing from the Minister of State for the Environment of the requirement
to carry out an Environmental Impact Assessment.
Sixth
The Minister of State
for the Environment shall decide on the matter as referred to in Item
5 above.
Seventh
The types of businesses
or activities required to prepare an Environmental Impact Assessment, as
provided for in Appendix I hereto, shall be reviewed
in whole or in part at least once in every 5 (five) years.
Eighth
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 19 March 1994
The Minister
of State for the Environment
(signed)
Sarwono Kusumaatmadja
APPENDIX
I
LIST OF ACTIVITIES
REQUIRING ENVIRONMENTAL IMPACT ASSESSMENT
| NO |
TYPE OF ACTIVITY |
SIZE |
| I |
Mining and Energy Sector |
|
| 1 |
Mining area
during exploitation phase, for
production of: |
|
| |
Coal |
>=200 ha and/or
>=200,000 ton/yr |
| |
Primary ores |
>=60,000 ton/yr |
| |
Secondary ores |
>=100,000 ton/yr |
| |
Non-Metallic minerals, sand and gravel
(Golongan C) |
>=300,000 m3/yr |
| |
Radioactive materials, including mining,
processing and
purification |
|
| 2 |
Transmission
lines |
>=150 KV |
| 3 |
Electricity
generating stations: diesel, gas,
steam and combined cycle |
>=100 MW |
| 4 |
Hydroelectric
generating stations of all types
and sizes, except minihydro and
direct
current types |
|
| 5 |
Geothermal
electricity generating stations |
>=55 MW |
| 6 |
Other types
of electricity generating stations |
>=5 MW |
| 7 |
Oil and gas
exploitation |
|
| 8 |
Oil and gas
processing (refinery) |
|
| 9 |
Oil and gas
pipelines |
>=25 km |
| II |
Health Sector |
|
| 1 |
Class A hospitals |
|
| 2 |
Other hospitals
which are equivalent to Class
A or Class I |
|
| 3 |
Other hospitals |
>=400 rooms |
| 4 |
Hospitals
with full/comprehensive specialist
services |
|
| 5 |
Pharmaceutical
industry facilities producing
basic drug materials |
|
| III |
Public Works Sector |
|
| 1 |
Construction
of dams or embankments |
Height>=15m or impounded
area>=100 ha |
| 2 |
Irrigation
area development |
Irrigated area>=2000 ha |
| 3 |
Tidal swamp
area development |
Area>=5000 ha |
| 4 |
Coastal protection
in large cities |
Population>=500,000 |
| 5 |
River improvement
works in large cities |
Population>=500,000 |
| 6 |
Canalization/flood
control facilities in large
cities |
Length>=5 km or width>=20
m |
| 7 |
Canalization
other than Item 6 above (coastal
areas, swamps, etc.) |
Length>=25 km or width>=50
m |
| 8 |
Construction
of toll roads and fly-overs |
Length>=25 km |
| 9 |
Highway construction |
Length>=25 km |
| 10 |
Arterial
and collector road construction and
upgrading outside of large cities
or
metropolitan areas |
Length>=5 km or
area>=5 ha |
| 11 |
Garbage disposal
using incineration |
>=800 ton/ha |
| 12 |
Garbage disposal
using controlled landfill or
sanitary landfill systems |
>=800 ton/ha |
| 13 |
Garbage disposal
using open dumping
systems |
>=80 ton/ha |
| 14 |
Drainage
systems using canals in large cities
and metropolitan areas |
Primary canal length
>=5 km |
| 15 |
Wastewater
treatment: |
|
| |
Construction of wastewater treatment
facilities in
urban areas |
Area>=50 ha |
| |
Construction of sewerage systems |
Service area>=2500 ha |
| 16 |
Systems for
withdrawal of water from lakes,
rivers, springs or other water sources |
|
| 17 |
Public housing
and settlement construction |
Area>=200 ha |
| 18 |
Urban renewal
projects |
Area>=5 ha |
| 19 |
Construction
of multi-storied and apartment
buildings |
Height>=60 m |
| IV |
Agriculture Sector |
|
| 1 |
Shrimp/fish
culture |
Area>=50 ha |
| 2 |
Development
of rice fields in forested areas |
Area>=1000 ha |
| 3 |
Plantations |
Area>=10,000 ha |
| 4 |
Cash crops
farms |
Area>=5000 ha |
| V |
Tourism Sector |
|
| 1 |
Hotels |
Size>=200 rooms or
area 5 ha |
| 2 |
Golf courses |
|
| 3 |
Recreational
parks |
>=100 ha |
| 4 |
Tourism resort
areas or estates |
|
| VI |
Transmigration and
Foresttlement Sector |
|
| 1 |
Proposed
transmigration settlement
construction
Note: General
transmigration types
Primary activities:
food crops and/or
plantations
Scope of study
to cover entire SKP (Satuan
Kelompok Pemukiman) |
Area>=3000 ha |
| VII |
Industry Sector |
|
| 1 |
Cement (made
through production of cement
clinker) |
|
| 2 |
Pulp and
paper industry |
|
| 3 |
Chemical
fertilizer (synthestic) |
|
| 4 |
Petrochemical
industry |
|
| 5 |
Steel smelting |
|
| 6 |
Lead smelting |
|
| 7 |
Copper smelting |
|
| 8 |
Alumina production |
|
| 9 |
Blended steel
smelting |
|
| 10 |
Aluminium
ingot production |
|
| 11 |
Production
of metal pellet and sporge
products |
|
| 12 |
Production
of pig iron |
|
| 13 |
Production
of ferro-alloys |
|
| 14 |
Industrial
estates |
|
| 15 |
Ship-building |
Vessels>=3000 DWT |
| 16 |
Aircraft
production |
|
| 17 |
Integrated
plywood production |
Including associated facilities,
such as glue production |
| 18 |
Production
of weapons, Munitions and
explosives |
|
| 19 |
Battery production |
|
| VIII |
Communication Sector |
|
| 1 |
Railway construction and
associated facilities |
Length>=25
km |
| 2 |
Subway construction |
|
| 3 |
Construction of Class I, II and II harbours and
associated facilities |
|
| 4 |
Construction
of special ports |
|
| 5 |
Coastal reclamation
projects |
Area>=25 ha |
| 6 |
Marine dredging |
Volume>=100,000 m3 |
| 7 |
Port handling
areas |
|
| 8 |
Airports
and associated facilities |
|
| IX |
Trade Sector |
|
| 1 |
Trading/shopping
centres (relatively
concentrated) |
Area>=5 ha or
building area>=10,000 m2 |
| X |
Defense and Security
Sector |
|
| 1 |
Construction
of munitions storage facilities |
|
| 2 |
Construction
of naval bases |
Classes A, B, C |
| 3 |
Construction
of airforce bases |
Classes A, B, C or equivalent |
| 4 |
Construction
of battlefield training
centres/shooting ranges |
area>=10,000 ha |
| XI |
Nuclear Energy Development
Sector |
|
| 1 |
Nuclear reactor
construction and operation: |
|
| |
Energy production reactor |
|
| |
Research reactor |
>=100 kW |
| 2 |
Construction
and operation of non-reactor
nuclear energy facilities: |
|
| |
Nuclear materials fabrication |
Production 50 fuel/elements/yr |
| |
Radioactive waste treatment facilities |
All facilities |
| |
Radiation source materials |
Sources>=1850 TBq
(5000 Ci) |
| |
Radioisotope production for all facilities |
|
| XII |
Forestry Sector |
|
| 1 |
Safari park
construction |
>=250 ha |
| 2 |
Zoo construction |
>=100 ha |
| 3 |
Forest concessions
(HPH) |
|
| 4 |
Sago palm
forest concessions |
|
| 5 |
Industrial
forest concessions (HTI) |
|
| 6 |
Establishment
of parks, including; national
parks, nature reserves, hunting
preserves,
marine parks, wildlife preserves,
biosphere
preserves |
|
| XIII |
Toxic and Hazardous
Materials Management |
|
| 1 |
Construction
of toxic and hazardous (B3)
waste treatment facilities |
|
| XIV |
Integrated/Multisectoral
Activities |
|
| |
Businesses
and activities comprised of
related activities in a single ecosystem
type
which each require an EIA, and which
are
under the authority of more than
one
government agency |
|
APPENDIX
II
LIST OF PROTECTED
AREAS
Protected Areas, as defined
in the Clarification, Chapter 7, Paragraph (1) of Law Number 24, 1992,
concerning Spatial Planning and in Chapter 37 of Presidential Decree Number
32, 1990, concerning Management of protected Areas, include the following:
-
Forest protection areas
-
Peat areas
-
Water catchment areas
-
Coastal edges
-
River edges
-
Areas surrounding lakes
and reservoirs
-
Areas surrounding springs
-
Nature conservation areas
(including nature reserves, wildlife reserves, tourism forests, genetic
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 a unique ecosystem)
-
Coastal mangrove areas
-
National parks
-
Recreation parks
-
Nature parks
-
Cultural reserve and scientific
research areas (including karst areas, areas with special cultural features,
archaeological sites or sites with high historical value)
-
Areas susceptible to natural
hazards
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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