Environmental Permit

energy.indonesia.com

Environmental Permit

Geothermal Energi Development

From Environmental Management

Perspectives & Policy

Ir. Ary Sudijanto, MSE

Asdep for Environmental Impact Assessments

Ministry of the Environment - Indonesia

Deputy for Environmental Palnning

Asdep for Environmental Impact Assessment


Geothermal and Environment

There are many advantages

of geothermal energy

It’s clean, sustainable energy i.e. it’s easier to meet

environmental standards and regulations when

used.

But it has some

environmental problems

must be assessed and

managed

All energy development and production impacts the

environment to some degree. EIA for geothermal

developments involve consideration i.e.:

• local land and water use impacts during both

construction and operation phases (e.g., noise,

vibration, dust, visual impacts, surface and

ground water impacts, ecosystems, biodiversity)

• specific geothermal impacts (e.g., effects on

outstanding natural features such as springs,

geysers and fumaroles);

• Air emissions i.e. hydrogen sulfide (H 2 S);

• Depletion of resources: the rate of heat

removal from natural reservoirs and their rate of

replenishment;

• Social conflict: Geothermal-direct-uses and

geothermal power plant (indirect-uses)


Environmental Tools for Sustainable Growth with Equity

The 1945 Indonesian Constitution,

Article 28H verse (1): Every person shall

have the right to live in physical and spiritual

prosperity, to have a home and to enjoy a

good and healthy environment...”.”

...”

Environmental Quality

Sustainable

Growth with

Equity

KLHS

Tata ruang

BML

KBKL

AMDAL

UKL-UPL

Env’t Permit

Envi’t

Economic

Instrument

Green

Regulation

Green

Budgeting

ERA

Env’t Audit

Social

Economic Activity:

Geothermal

Other Environmental Instruments

Environmental Instruments

Article 33 verse (4) of The 1945 Indonesian Constitution : “The

organisation of the national economy shall be conducted on the basis of economic

democracy upholding the principles of togetherness, efficiency with justice,

sustainability, environmental perspective, self-sufficiency, and keeping a balance

in the progress and unity of the national economy.


Spatial Plan, EIA/UKL-UPL & Proposed

Geothermal Project (1)

Spatial Plan

Law No 26/2007 & Goverment Regulation No. 26/2008

Cultivated Areas

Protected Areas

A Proposed Geothermal

Energy Project is Conform

to the Spatial Plan

A Proposed Geothermal Energy

Project is allowed by the Laws and

Regulation


Spatial Plan, EIA/UKL-UPL & Proposed

Geothermal Project (2)

Proposed Geothermal

Energy Development

Project - Exploitation

AMDAL (EIA)/UKL-

UPL Process

Spatial Plan

Yes

Conform to

the Spatial

Plan

No

Rejected


Geothermal Energy Development (Exploitation) and

Environmental Impact Assessment (AMDAL)

Geothermal Energy

Development - Exploitation

EIA (AMDAL)

Document

The Geothermal Working Area

(WKP) ≥ 200 hectares

The open area for Geothermal

Operation ≥ 50 hectares

Geothermal Energy Capacity ≥ 50

MW

The scale of Geothermal Energy

Development – Exploitation is

smaller, but it is located within and

/or adjacent to protected areas

MoE Regulation No. 05 of 2012 concerning

Types of the Proposed Businesses and/or

Activities that must have EIA


Geothermal Energy Development is located within and/or adjacent to the Protected

Areas (Article 3, MOE Regulation No. 05/2012)

1. Geothermal Energy Development is located within the protected forest areas , (it ‘s

allowed by Government Regulation No. 24/2010 Concerning Forest Area Utilization)

2. Geothermal in Conservation Areas area is by allowed the regulation as long as

they are not classified as mining process (Government Regulation No. 28/2011

Concerning Management of Conservation Areas – Article 35, verse 1c)

The bounday of

a geothermall

proposed

project shares

the border with

the protected

areas

Potential

environmental

Impacts of a

geothermal

proposed project

influence the

nearest protected

areas

2

Note:

2

1

3

Protected

Areas

As stated in Annex III, MOE

Regulation No. 05/2012 &

have been stipulated by

laws & regulations

Potential

Environmental Impacts

= a proposed geothermal energy project

3

= A Proposed Geothermal Energy Project is

Conform to the Spatial Plan

Geothermal

Exploration located

within and/or in the

protected areas is

excluded from the

responsibility to

have EIA


Amdal, UKL-UPL and Environmental Permit for Geothermal Project

usiness and/or

activity obliged

to undergo

AMDAL (EIA)

Shall be obliged to have

business and/or

activity obliged

to undergo

UKL-UPL

Environmental Permit = a permit garnted to everybody

undertaking business and/or activity obliged to undergo

AMDAL (EIA) or UKL-UPL in the framework for

environmental protection and management as prerequsite

for securing business and/or activity permit

Issued at the planning

stage and the final

product of AMDAL or

UKL-UPL Process

Environmental

Permit

EPM

Permit

1. Issued at the operational stage

2. Issued based on the conditions and

obligations speciified in

Environmental Permit

Geothermal Energy

Development

Activities

(Exploration &

Exploitation)

Environmental Protection

and Management (EPM)

Permit:

• Waste water discharge

permit,

• emission permit,

• Land application

permit & etc


Environmental Permit and Geothermal Exploration

and Exploitation (Geothermal In-direct Utilization)

UKL-UPL Process

a

A Geothermal

Permit

b

Environmental

Permit

EPM

Permit

c

Geothermal

Exploration

Activities

Amdal or UKL-UPL

Process

d

Environmental

Feasibility and

Environmental

Permit

EPM

Permit

e

Geothermal

Exploitation

dan Utilization

Environmental

Compliance

Inspection & Laws

Enforcement

Implementation of Environmental Permit &

EPM Permits

Compliance to Environmental Standards


Environmental Permit and Geothermal Direct Utilization

• AMDAL Review by the EIA

Commission;

• UKL-UPL Review by the

Environmental Institution

Issued by Minister

of Environment,

governor or

regent/mayor

Issued by Minister

of Environment,

governor or

regent/mayor

Carried out by Minister

of Environment,

governor or

regent/mayor

Environmental

Inpection & Laws

Enforcement

Proponent

A Proposed

Project

Amdal or

UKL-UPL

Processes

Environmental

Permit

EPM Permits

Business and/or

Activity Permit

• Implementation of

business and or

activity

• Implementation of

Environmental

Permit & EPM

Permits

AMDAL or UKL-UPL Compiling by

Proponent

Issued by Sectoral Ministers, governor or

regent/mayor including geothermal

permit for direct utilization

Compliance to

Environmental

Standards

Geothermal Direct Utilization includes i.e.:

1. Tourism;

2. Agrobusiness;

3. Industries

4. Others business and/or activity that directly use

geothermal

Reducing Environmental

Pollution Load and

Environmental

Degdaration


Process of AMDAL Formulation and Review, and the Environmental Permit Issuance

Project Proponent

1

Public Notice &

Public

Consultation

2

Formulating

TOR (KA)

Submitting

TOR for

Review

Formulating

ANDAL &

RKL-RPL

Submitting an application letter of

environmental permit and ANDAL &

RKL-RPL Review

One application

letter

Public

Comments =

10 working

days

Note: the time frame (duration) for

EIA Review does not include the

duration for revision by the project

proponent

3

8

7

10

EIA Secretariat , EIA Technical Team & EIA

Commission

4 5 6

Technical

Review by

the

Technical

Team

Administrative

Appraisal

by the

Secretariat

Administrative

Appraisal

by the

Secretariat

TOR (KA) REVIEW

30 working days

ANDAL & RKL Review

Technical

Review by

the

Technical

Team

Public Notice on Environmental

Permit Application

Decision on

TOR Approval

by Head of

EIA

Commission

75 working days, including 10 working days for public

comments

9

11

ANDAL & RKL

(Environmental

Feasibility/Acce

ptability) Review

by the EIA

Commission

Recommendation

12

13

15

14a

Minister, governor,

regent/mayor

At least 5 working days

after issuance

Public Notice of

decision on

environmental permit

2 Decisions:

1) Environmental

feasibility/

Acceptability; and

2) Environmental

Permit

Environmentally

feasible/Acceptable

14b

Decision on

environmental

unfeasibility

10 working

dyas

Not Feasible


Process of Filling out an UKL-UPL Form, UKL-UPL Review and the Environmental Permit Issuance

Project Proponent

Minister, governor, regent/mayor

Fill out an

UKL-UPL Form

Proponent

Note: the time frame

(duration) for UKL-UPL

Review: 14 working days,

including Public Notice on

environmental permit

application and not including

revision by project proponent

Submitting an application letter of

Environmental Permit and UKL-UPL

Review

Adminsitrative Appraisal

Public Notice on Environmental

Permit Application

UKL/UPL Technical Review

Decision on Approval

Recommendation of UKL-UPL &

Environmental Permit

Public Notice of decision on

environmental permit

UKL-UPL Review and

Issuance of UKL-UPL

Approval

Recommendation

can be carried out

by:

a. The Official

assigned by the

Minister;

b. Head of Provincial

Environmental

Agency

c. Head of Regent/

Municipalality

Environmental

Agency

Source:

Article 40 PP 27/2012


Implementation of the Permits in order to Meet The Environmental Standards

Implementation of Environmental Permit

& EMP Permit, Business and or Activity

Permit

Pre-Construction,

Contruction, Operation

Environmental

Audit

The MoE Regulation

No. 03/2013

concerning

Environmental Audit

Implementation of

Environmental Permit

& EMP Permits +

Continuous

Improvement

Environmental

Inspection

Environmental

Impacts:

The environmental

changes result from

businesses and/or

activities

Compliance

with the

Environmental

Pollution

Standards and

Environmental

Degdradation

Criteria

• The MoE Regulation No. 45/2005:

Guideline for Compliling the RKL-RPL

Report (Environmental Permit

Implementation Report)

• The MoE Regulation No.07/2001:

Environmental Inspector

• The MoE Regulation No.56/2002

General Guideline of Environmental

Compliance Inspection by Environmental

Inspectors

• The MoE Regulation No.57/2002: SOP

for the National Environmental Inspector

• MoE Regulation No.58 /2002: SOP for

the Local Environmental Inspector


The Legal Basis for Reporting Implementation of

Environmental Permit

The Environmental

Permit Holder

Strengthening

Environmental Democracy

• Access to Information;

• Access to Participation & Justice;

• Strengthening Community Rights in

Environmental Protection &

Management

Source: General Elucidation of EPMA 32/2009)

Information

Information on Environmental

Protection and Management

Article 68 of EPMA 32/2009 : Obligation to

provide information related to environmental

protection and management truthfully,

accurately, transparently and punctually;

Article 53 of GR 27/2012

Obligation to write and submit a report on the

implementation of Environmental Permit

periodically every 6 month

• The Government

Institutions;

• Public/ Communities

Article 65, verse (2) of

EPMA 32/2009:

Everybody shall be entitled to access to

information, access to participation, and

access to justice in the fullfilment of the

right to good and healthy environment


Environmental Compliance Inspection

a

Conduct

Environmental

Inspection

THE environmental Permit & EPM

Permit Holder (Proponent)

Minister of

Environment,

Governor

Regent/Mayor

(in accordance with their

authority)

b

May delegate their

authority in conducting

environmental inspection

to officials or technical

institutions in charge of

environmental protection

and management affairs

Status of

Compliance

Implementation of

Environmental Permit

& EMP Permits +

Continuous

Improvement

c

Assign

Environment

Inspectors

Souce: Article 71 & 72 EPMA 32/2009

Environmental

Laws &

Regulations

Environmental

Permit


Administrative and Penal Sanctions under EPMA 32/2009

Article 111 of EPMA

32/2009:

(1) Officials: granting

environmental

permit without

AMDAL:

Imprisonment and

fine

(2) Officials granting

business and/or

activity permit

without

environmental

permit:

Imprisonment and

fine

Article 98-100 of EPMA 32/2009:

Violating environmental pollution standard and

envirommental degradation criteria Imprisonment and fine

Article 109 of EPMA 32/2009: Without

having an environmental permit:

Imprisonment 1-3 years, Fine (Rp 1-3

Billions)

Article 71 of GR 27/2012:

Administrative Sanction for Environmental Permit

Holders do not:

a. Comply with the Environmental Permit and

EMP Permit;

b. submit the report


Administrative Sanctions

Environmental Permit Holder who violates the

provisions of as referred to in Article 53 shall be

liable of administrative sanctions which

include:

a. written reprimand;

b. government coercion;

c. freezing of Environmental Permit, or

d. Environmental Permit revocation

Source: Government Regulation No. 27 Year 2012 Article 71


Thank You

For Further Information, Please Contact:

menghubungi:

Ministry of the Environment - Indonesia

Deputy Ministry for Environmental Governance

Asdep for Environmental Impact Assessment

Jl. D.I. Panjaitan Kab. 24 Kebon Nanas Jakarta Timur 13410

Building A Floor 6, Telp/Fax: 021-85904925

http://www.menlh.go.id/

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