The Laws & Regulations on

Environmental Impact Assessment
For Coal Mining in Indonesia

Ir. Ary Sudijanto, MSE
Director for Environmental Impact Prevention
of Business and Activty
Ministry of Environment and Forestry-Indonesia
DG for Forestry and Environmental Planning
Directorate for Environmental Impact Prevention
of Business and Activty

Environmental Tools for Sustainable Growth with Equity
The 1945 Indonesian Constitution,Article 28H verse (1): Every person shallhave the right to live in physical and spiritual
prosperity, to have a home and to enjoy agood and healthy environment...”.”...”

Environmental Quality

SocialSEA
Spatial Plan

BML

KBKL

EIA
Sustainable
Growth withEquity

Economic Activity:
Geothermal

Envi’tEconomic
Instrument

GreenRegulation
Green
Budgeting

UKL-UPL

ERA

Env’t Permit

Env’t Audit

Other Environmental Instruments

Environmental Instruments

Article 33 verse (4) of The 1945 Indonesian Constitution : “Theorganisation of the national economy shall be conducted on the basis of economic
democracy upholding the principles of ... , sustainability, environmental
perspective, ....... and keeping a balance in the progress and unity of the nationaleconomy.

Schematic Division of AMDAL, UKL-UPL dan SPPLBusiness and/or
Activity shall obliged
to have

AMDAL

Article 22 Law 32/2009

Business and/or
Activity shallobliged to have

UKL/UPL

Article 34 Law 32/2009

SPPLArtivle 35 Law 32/2009

HavingSignificant Impacts
on the Environment

AMDAL Boundary

MoE Regulation
No05/2012

Having

No Significant
Impacts on theEnvironment

UKL-UPL Boundary OUT OF AMDAL/ UKL-UPL
LIST
 SMALL SCALE ACTIVITY

The Stipulation ofGovernors orRegents/Mayors

SEA & EIA for Environmental Protection and Management
Environmental
Protection andManagement Plan(RPPLH)• Supportive Carrying Capacity (SCC);• Assimilative Carrying Capacity(ACC)

Carrying
Capacity

Prop.
A
Coastal
Watershed

Prop. C

Strategic
Environmental
Assessment (SEA)

Spatial Plan

Prop. B

Prop. D
Prop. E

Conform with Spatial Plan

Environmental Impact Assessment(EIA) & Environmental Permit and)Business &Activity

Environmental Permit Implementation &Environmental Compliaanceb
Outcome:• Sustainability of the approved Business andActity in the watershed;• Healthy Environment i.e. Good water quality• Quality of life

aWastewater
Quality Standard

Ambient Water
Quality Standardc

Muka Air Tanah

Sea Water Quality
Standard

Environmental Permit Governance in Indonesia
Pre-Construction, Construction &Operation Stages

Planning Stage1
Environmental
PermitEnvironmental Protection &Management Permit
TheBusinessand/orActivity
PermitImplementation of the
Project Activity

EIA Review
Proces(Amdal/UKL-UPL)

Proposed
Project
Spatial Plan

General/DetailPsot Operastion
Stage

Decommsioning
and Closue ofthe Project2
ForestUlitization(IPPKH) orConversion
Permt• IPPKH: if the proposed project
is located in Production and/or
Protected Forest;• The Conversion Permit: if the
proposed project is located inConversion Forest

Implementati
on of theEnvironmental
Permit &EnvironmentalAudit

Continuous
Improvement

Environmental
Compliance Inspection
Environmental
Compliance

BML

KBKL

Environmental Law
Enforcement

3

Environmental
Permit Governance:
1. Environmental
permotapplication andissuance;
2. Environmental
PermitImplementationand Reporting;
3. Environmental
ComplianceBusiness Process for Coal Mining Activity Located in the Production andProtected Forest and Its Permits
UKL-UPL andEnvironmental
PermitMining Exploration Permit

Mining Exploitation Permit

Forest Utilization Permit for
Mining Exploration

Exploration Activity inthe Forest Area

Forest Utilization Permit
for Mining Exploitation

General Survey

ExplorationFS

UKL-UPL or AMDALand Environmental
PermitExploitation Activity
in the Forest Area

Business Process for Coal Mining Activity Located outside theProduction and Protected Forest and Its Permits
UKL-UPL andEnvironmental
PermitMining Exploration Permit

Mining Exploitation Permit

Exploration Activity inthe Forest Area
General Survey

ExplorationFS

UKL-UPL or AMDAL
and Environmental
PermitExploitation Activity
in the Forest Area

Laws and Regulations related to EIA Systems In Indonesia

Proposed
Project

RTRW/RDTRSEA
The MoE
Regulation No.
09/2011:
Guideline for SEA(KLHS);

AMDAL or
UKL-UPL

The Business orActivity License/
Permit (IUP) & (ABorrow use permit atthe forest areas)

Implementationof the Project
Activity

EnvironmentalPermit

EMP Permit• The Government Regulation No. 27/2012: Environmental Permit• The MoE Regulation No. 05/2012: the types of businesses and/or activities subject toEIA (Amdal)• The MoE Regulation No. 16/2012: Guideline for Compiling EIA (Amdal), UKL-UPL andSPPL;• The MoE Regulation No. 17/2012: Guideline for Public Participation in EIA andEnvironmental Permit• The MoE Regulation No. 07/2010: Competence Certification for EIA Compiler and theEIA Compiling Service Proviider (LPJP)• The MoE Regulation No. 15/2010: the Requirments and Procedures for the EIA
Appraisal Commission license;• The MOE Regulation No. 8/2013: Procedures for EIA Review and Environmental PermitIssuance;• The MoE Regulation No. 25/2008: Supervision and Fostering Local EIA Commissions

Process for Determining whether or not the Proposed Project
can be carried out on certain location
A Proposed Project••
Does the location
Conform to• the Spatial Plan,
and/or• Laws and Regulations
related toEnvironmental andNatural ResourcesManagementNoyaYes

Is the proposed Projectlocated in the primary
forest and Peatswamp(the Moratorium Map orPIPIB) ?

yaIs the proposed project
categorized as thebusiness and/oractivities excluded
from the provision ofINPRES No. 6/2013
TidakNo

Rejected

Amdal dan Environmental Permit
Process, or
UKL-UPL dan Environmental Permit
Process

INPRES No. 08/2015

Rejected

The businesses and/or activities are excluded from provision on INPRES No. 06/2013• The businesses andor activities that have the principle approval from the Minister of Forestry;• Strategic and vital economic activities: geothermal, oili & gas, electricity, land for paddy

and sugar field;• Utilization of forest land that still has valid permits

Coal Mining shall have AMDAL(MOE Regulation No. 5/2012)
Coal Mining is located within and/or adjacent othe protected areas (i.e. Protected Forest)
The scale of Coal Miningis the same scale and/or
more than the scale of
Coal Mining stated in
Annex I of MOE
Regulation No. 5 Of
2012

Scale of Coal Mining shall have AMDAL (MOE Regulation No. 5/2012)
No

Type of Activity
K.1 COAL AND MINERAL
1. Minerals and Coal Exploitation (ProductionOperations)a. License areab. Cleared/opened area for mining
2. Coal Exploitation (Production Operations)a. Capacity, and/or
b. amount of overburden material transferredScale≥ 200 ha≥ 50 ha (cumulative per year)≥ 1.000.000 tonnes/year≥ 4.000.000 bank cubic meter (bcm)/year

3 Processing and Purification:
Coal≥ 1.000.000 m3/year
4 Coal Bed Methane (CBM) Development- in the ex All scale
ploitation.
and production development stage, that includes:a. Production well drilling;b. Development of production and supporting
facilities;c. Operataion production activities;andd. Post-operation

Proposed Project is located within and/or adjacent to the Protected Areas(Article 3, MOE Regulation No. 05/2012)
Proposed Project is located within the protected areas , (as long as it
is s allowed by Laws and Regulations i.e. Government Regulation No.
24/2010 Concerning Forest Area Utilization)

1
The bounday of
a proposed
project sharesthe border withthe protected
areas

Potential
environmental
Impacts of a
proposed project
influence thenearest protected
areas

2

Protected
Areas

As stated in Annex III, MOE
Regulation No. 05/2012 &have been stipulated bylaws & regulations

3

Potential
Environmental Impacts

6 Types of business
and/or activitiy
located within and/orin the protected areas
is excluded from theresponsibility to have
EIA

Note:
= a proposed project

2 3= A Proposed Project shall conform to theSpatial PlanProcess of AMDAL Formulation and Review, and the Environmental Permit Issuance
EIA Secretariat , EIA Technical Team & EIA
Commission

Project Proponent
1
Public Notice &PublicConsultation
2

Formulating
TOR (KA)At least 5 working days
after issuance

PublicComments =10 workingdays

3
Submitting
TOR for
Review

TOR (KA) REVIEWOne application
letterNote: the time frame (duration) for
EIA Review does not include theduration for revision by the project 10proponent

30 working days
56
TechnicalDecision on
Review byTOR Approval
theby Head ofTechnicalEIATeamCommission

4
AdministrativeAppraisalby theSecretariat

Formulating 7
ANDAL &RKL-RPL
Submitting an application letter of 8
environmental permit and ANDAL &RKL-RPL Review

Minister, governor,regent/mayor

15

2 Decisions:14a 1) Environmental
feasibility/Acceptability; and2) Environmental
PermitANDAL & RKL Review
75 working days, including 10 working days for publiccomments

AdministrativeAppraisalby theSecretariat

9

Technical 11Review bytheTechnicalTeam

Public Notice on Environmental
Permit Application

Public Notice ofdecision on
environmental permit

12

ANDAL & RKL(EnvironmentalFeasibility/Acceptability) Review
by the EIACommission

Recommendation
13

Environmentally
10 working
feasible/Acceptable
dyas
14b

Decision on
environmental
unfeasibility
Not Feasible

Standardization of EIA Commissions and Consultants
Indonesian EIAStandardization
Systems

1. National EIA Review
Commission (ERC);
2. Provincial EIA
Review Commission(ERC)
3. District/City EIA
Review Commission(ERC)

Project
Proponent s
Note:• EPMA=Environment
al Protection &Management Act;
• GR=GovernmentRegulation;• MOE= Ministry of
the Environment

EIA Review
Commissions

EIA Licence

EIA
Quality

Legal Basis:
1. Article 29-30 8 EPMA 32-2009;
2. Article 58 GR 27-2012;
3. MOE Regulation 15-2010:
Requirements and Procedure
to Obtain License
4. Article 64-66 GR 27-2012 ;5. MOE Regulation 25-2009:
Fostering & Supervision of
Sub-National EIA Review
Commission (PerformanceMONEV)

Legal Basis:
EIA
Certification

Legal Basis:

EIA Consultants

EIA Consultants
Firm

1. Article 27-28 EPMA 32-2009;
2. Article 10 and Article 11 GR27-2012;
3. MOE Regulation 7-2010;

EIA
Registration

1. Article 27-28 EPMA 32-2009;
2. Article 10 and Article 11 GR27-2012;
3. MOE Regulation 7-2010;

The EIA Process and Public
Participation In Indonesia

The Proposed Project
Subject to AMDAL
Announcement & Public
Consultation

1Formulating EIS TOR

Public Participation in EIA(the proponent Responsibility)
Article 26 Act No. 32/2009 EPM &Article 9 GR No. 27/2012 EnvironmentalPermit

Administrative appraisal
Reviewing EIS TOR

Article 39 Act No. 32/2009 &Article 44-45 GR No. 27/2012

Formulating EIS, EMaP-EMoP

Public Participation in Environmental

Application of Env. Permit &Application of EIS and EMaP-EMoP
Reviewing

2 Permit (the Government Responsibility)
Article 30 Act No. 32/2009 &Article 44-45 GR No. 27/2012

Administrative Appraisal
Announcement
Reviewing EIS and EMaP-EMoP
Not
Feasible

Decision of Environmental
Feasibility &Environmental Permit

3

Public Participation in EIA &Environmental Permit: the affected
community is involved in the EIA
Commission

Article 39 Act No. 32/2009 &Article 56 GR No. 27/2012
Public Participation in Environmental
4 Permit(the Government Responsibility)

Scoping, Environmental Impacts, EMP and Environmental Permit
Prediction and Evaluation (EIS)

Scoping - TOR

Descriptionof theproposed
project

Potential
Impacts(DP)

Description of
baseline orEnvironmental
Setting:

DPH

Evaluation of
Potensial
Impacts

Results ofPublic
Involvement

DTPH

Not
Mitigated &Monitored

Not
Mitigated &Monitored
Mitigated
andMonitored

Significant
Impacts

Prediction

Holistic
Evaluation

insignificant
Impacts

EMP
Direction

Mitigated
andMonitored

OperationalEMP

Amdal Review
1. Impacts of the proposed
project on the environment

Focus of AMDAL
Review

2. Impacts of the environmenton the proposed project

Impacts

Proposed Project

AMDAL Document

Environment

Quality of
AMDAL
DocumentEnvironmentalFeasibility

Reviewing/Approving AMDAL
MoE Regulation No. 08/2013
REJECTEDREJECTEDProponent
NoYES

No

Yes

Docs of TOR,EIS, EMaPEMoP & ES

Meet theAdministrativerequirements

Yes

Conform to the
Spatial Plan

ADMINSITRATIVEAPPRAISALYa

The Proposedbusiness and/oractivity approved
The Docs attached on.
The decsion of TOR or
SKKLH &Environmental Permit

the Business
and/or activity
is in theconstruction/
operationphase

No

REJECTED

Project Phase
Appraisal

Ya
the Documents meet
the Quality
requirement

No
1. Consistency appraisal
2. Mandatory appraisal
3. In-Dept appraisal
4. Relavancy Appraisal

noCorrection

The Quality
Appraisal

Decision making: Determining the Environmental
Feasibility of Proposed Projects
TechnicalAnalysis

Facts(e.g., physical,ecological,socio-economic,other)

INPUT

Environmental Feasibility
Criteria

Amdal
Decision Making

Information

PublicInvolvement

prioritizing problems& actions, ensuring
effective
implementation

Values
Proposed
Project

Other Input(e.g., benefit-cost
analysis,political priorities)

Souces: modification from The United Nations University, RMIT University, and the United Nations Environment Programme (UNEP)
under a Creative Commons License 2007The Environmental Feasibility Criteria ofProposed Projects
In the EIA Review, the EIA Commission will assess the environmenal feasibiliyof the Proposed Renewable Energy Project based on the following criteria:
1. Conformity to the Spatial Plan
2. Conformity to the Laws and Regulation related to natural reseource andenvironmental management;
3. National Defence Concern;
4. Result of Environmental Impact Prediction;
5. Result of Holistic evaluation of environmental impacts: Positif andNegatif Impacts;
6. Capacity of the proponent in dealing with the negative environmentalimpacts
7. A Prosed project does not distrupt social values (emic view);
8. A Prosed project does not distrupt ecological entities that are keyspecies, ecologicallly, economically and scientifically importance;
9. A Prosed project does not interfere existing activities or projects locatedin the vicinity of the proposed project;
10. A Prosed project does not distrupt the environmental capacity ;Process of Filling out an UKL-UPL Form, UKL-UPL Review and the Environmental Permit Issuance

Project Proponent

Fill out anUKL-UPL Form

Minister, governor, regent/mayor
Submitting an application letter ofEnvironmental Permit and UKL-UPL
Review

Adminsitrative Appraisal
Public Notice on Environmental
Permit Application

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

UKL/UPL Technical Review
Decision on Approval
Recommendation of UKL-UPL &Environmental Permit
Public Notice of decision on
environmental permit

UKL-UPL Review andIssuance of UKL-UPL
Approval
Recommendation
can be carried outby:
a. The Official
assigned by theMinister;b. Head of Provincial
Environmental
Agencyc. Head of Regent/
Municipalality
Environmental
AgencySource:Article 40 PP 27/2012

Interconnectivity between
Environmental Permit and EPM Permits
Decision on
Environmental
Acceptability(SKKL for AMDAL)

Environmental Permit

Is transformed into
UKL-UPL Approval
Recommendation

Integrated EPM
Permits into
Environmental
Permit (Aricle 123of EPMA 32/2009)• Requirement and Obligations
contained in SKKL or UKL-UPL
Approval Recomendation• Environmental Protection andManagement Requirments andObligations specified by Minister ofEnvironment, governor and/orregents/mayor

Business
Requirementand/oractivity Permit

Not all business
and/or activity
requires EPMPermits• Number and Types ofEPM Permits Required• Validity of Environmental Permit

Waste water
discharge
permitHazardous
management
permitOther EPM
Permits

Detailing of
EPM Permits
stated on
EnvironmentalPermit

Modification to Environmental Permit as a result of Modification to
Business and/or Activity
Modification to Environmental Permit Issuance

Modification tobusinesses
and/oractivities
ownership

1

A report on
Modification OF
EMP

See Next
Slide

Modfication toEnvironmental
ManagementPlanModificationthat will have
impacts on theenvironment23

4
Modification to Business
and/or Activity
if a proponent changes or modifies a businessor activity, then he or she must seek a changed
or renewed environmental permit before
initiating the changes/modifications

5Modification to Decision toEnvironmental Feasibility

NewEIA

Adendum
EIS & EMP

changes in impacts and/or risk on theenvironment based on Environmental
Risk Assessment (ERA) and/orEnvironmental Audit

The proposed businesses and/or activities are
not carried out within 3 years from theenvironmental permit issuance
Source: Article 50-51 of GR. 27/2012

Implementation of the Permits in order to Meet The Environmental Standards
Implementation of Environmental Permit& EMP Permit, Business and or Activity
PermitEnvironmental
Impacts:
The environmental
changes result frombusinesses and/oractivities

Pre-Construction,
Contruction, Operation
Environmental
Audit

Implementation ofEnvironmental Permit& EMP Permits +Continuous
Improvement
The MoE Regulation
No. 03/2013
concerning
Environmental Audit

Environmental
Inspection

Compliancewith theEnvironmental
Pollution
Standards andEnvironmental
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 EnvironmentalInspectors• The MoE Regulation No.57/2002: SOP
for the National Environmental Inspector• MoE Regulation No.58 /2002: SOP for
the Local Environmental Inspector

Obligations of Environmental Permit Holders
Environmental Permit Holders have responsibilities to:a. Comply with the requirements and obligations contained
the Environmental Permit and Environmental
Protection and Management Permit;b. Create and submit report on the implementation of therequirements and obligations in the permit to the Ministerof Environment, the Governor, or regent / mayor  thereport must be delivered periodically every 6 months,andc. Provide a guarantee fund for the restoration ofenvironmental functions in accordance with theregulations
Source: Government Regulation No. 27 Year 2012 on Environmental Permit Article 53

Environmental Compliance Inspection
aConduct
Environmental
Inspection

Minister ofEnvironment,Governor
Regent/Mayorb(in accordance with theirauthority)

THE environmental Permit & EPM
Permit Holder (Proponent)

May delegate theirauthority in conducting
environmental inspection
to officials or technicalinstitutions in charge ofenvironmental protection
and management affairs

Status ofCompliance
Implementation ofEnvironmental Permit& EMP Permits +Continuous
Improvementc•
AssignEnvironment
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 andfine(2) Officials granting
business and/oractivity permit
without
environmental
permit:Imprisonment andfineArticle 98-100 of EPMA 32/2009:
Violating environmental pollution standard andenvirommental degradation criteria  Imprisonment and fine

Article 109 of EPMA 32/2009: Without
having an environmental permit:
Imprisonment 1-3 years, Fine (Rp 1-3Billions)

Article 71 of GR 27/2012:
Administrative Sanction for Environmental Permit
Holders do not:a.
Comply with the Environmental Permit andEMP Permit;b.
submit the reportThank You

For Further Information, Please Contact:

Ministry of Environment and Forestry - Indonesia
Directorate General for Forestry and Environmental Planning
Directorate for Environmental Impact Prevention of Business and ActivityJl. D.I. Panjaitan Kab. 24 Kebon Nanas Jakarta Timur 13410
Building A Floor 6, Telp/Fax: 021-85904925
http://www.menlh.go.id/ and http://www.dadu-online.com