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This is Ary Sudijanto's presentation "AMDAL Implementation in Indonesia" during the Country Safeguard Systems Regional Workshop: Towards Common Approaches and Better Results, 18 and 19 April 2012, Manila, Philippines.
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AMDALAMDAL IMPLEMENTATIONIMPLEMENTATIONAMDALAMDAL IMPLEMENTATIONIMPLEMENTATIONIN INDONEIN INDONESIASIAIN INDONEIN INDONESIASIA
Ir. Ary Sudijanto, MSEDirector for Environmental Assessments
Th i i thi t ti th i f th th d d t
Directorate for EIAMinistry of Environment Republic of Indonesia
The views in this presentation are the views of the author and do notnecessarily reflect the views or policies of the Asian Development Bank(ADB), or its Board of Governors, or the government they represent. ADBdoes not guarantee the accuracy of the data included in this presentation andaccepts no responsibility for any consequence of their use. Terminology usedmay not necessarily be consistent with ADB official terms.
INDONESIAN Environmental Safeguard
… efforts started before Act No 4/1982 publishedi 1980 h t t d t d i t l i t l i fsince 1980 have started to do environmental impact analysis for some specific activities called Analisis Dampak Lingkungan (ADL)
Government developed guidelines for the ADL for several activities (power plants highways ports industrial mining etc)
Officially introduced in 1986
(power plants, highways, ports, industrial, mining, etc)
Officially introduced in 1986Government Regulation No 29/1986 regarding Environmental Impact Assessment
Known as AMDAL
Oldest environmental planning instrument; affecting allOldest environmental planning instrument; affecting all
sectors and all regions
INDONESIAN AMDAL
AMDAL = ESHIAHas its own characteristics
Biogeophysical and chemical1
2
AMDAL = ESHIAEnvironment ‐ social ‐ health impacts
Biogeophysical and chemical aspects Social economic
and cultural aspects
2
3Public health aspects
3
Most EIA’s in other countries only cover biogeophysical and chemical aspects of environment
HISTORY OF AMDAL REGULATION
Public consultations i d
Regional Autonomy NEW
E i t1st AMDAL
required
Environment Act
regulation
2nd AMDAL regulation
3rd AMDAL regulation 4th AMDAL &
Env’t Permitregulationg
33 PROVINCES
470+ /
FACTS470+ DISTRICTS/MUNICIPALITIES
235 MILLION POPULATION
USD 7 6 MillionUSD 7.6 Million PRIVATE INVESTMENT (2011)
USD 17.5 Billion GOVERNMENT BUDGET FOR INFRASTRUCTURE (2012)
projects spread throughout the country
POST‐REGIONAL AUTONOMY
2004: Initiated AMDAL “revitalization”
33 PROVINCES
470+
How to improve AMDAL system to ensure good implementation in
470+ DISTRICTS/MUNICIPALITIES
• Evaluation (Government & some support from World Bank)• Review & revision of technical guidelines• Review & revision of technical guidelines• Discussion with stakeholders
ENORMOUS challenge
Estimated average number of documents processed per YEAR
AMDAL: 50UKL‐UPL: 30
NATIONAL LEVEL UKL UPL: 30
AMDAL COMMISSION:
PROVINCIAL LEVEL AMDAL: 10UKL UPL: 5AMDAL COMMISSIONS:
DISTRICT/MUNICIPAL
UKL‐UPL: 5
AMDAL: 5/LEVEL AMDAL COMMISSIONS: UKL‐UPL: 25
annually >12,500 environment documents are processed!!!
GRAND STRATEGY for AMDALWith Danida support, 2010
Vision for 2025: All environment instruments functioning effectively efficientlyVision for 2025: All environment instruments functioning effectively, efficiently
STRATEGY:find the right balance between standardized system and adaptive implementation
STANDARDIZE requirements for AMDAL consultants and for reviewers
Allow ADAPTIVE implementation with respect to timing & scope of AMDAL study
Develop an AMDAL “infrastructure” to support implementation
Engage all “stakeholders” to improve AMDAL
STRATEGIC CHALLENGES WITH AMDAL (1)
…policy……
Making it RELEVANT and its benefits trulyAPPARENT
REDEFINING AMDAL’s role function and positionREDEFINING AMDAL s role, function and positionEspecially with respect to its interface with other instruments and processes
Developing regulations SUITABLE FOR WIDE DIVERSITY of environmental & development challenges of Indonesia
LESSONS LEARNED from AMDAL to be referenced in developing new instruments and developing capacity
STRATEGIC CHALLENGES WITH AMDAL (2)
…implementation……
Improving QUALITY of analysis and reports
Enhancing CAPACITY of consultants and review commissionsg
Making use of ENVIRONMENT DATA generated through AMDAL process and environment monitoring reports
Energizing & fostering collaboration among STAKEHOLDERS
AMDAL process and environment monitoring reports
to develop tools, methodologies, etc
SOCIO‐ECONOMIC‐CULTURAL issues most difficult
INNOVATIONS… in the last 4 years
…policy……
AMDAL
…implementation……
INNOVATIONS…
…policy……
AMDAL
Strengthens the legal basis for AMDAL and UKL-UPL• Introduction of Environment Permit• Introduction of Environment Permit• Clearer sanctions for violations, including for government officials• Competency certification for AMDAL consultants• License for AMDAL Review Commissions, etc.
AMDAL: one among many environmental instruments
ENVIRONMENTAL INSTRUMENTS IN ACT NO. 32/ 2009
• Inventory of env & nat res• Env Protection and
PREVENTIONSt t i E i t l
• Environment • Admin sanctions• Env Protection and
Management Plans• Etc.
• Strategic Environmental Assessments
• Spatial plans• AMDAL• UKL-UPL
information system• Etc.
• Environmental conflict settlement
• Criminal charges• Etc.
• Environment Permit• Economic instruments• Environmental Risk
Assessment• Environmental Audit, etc.
CONTROL
REHABILITATIONMany instruments are
responsibility of government
Frame WorkFrame Work for Environmental Assessmentsfor Environmental AssessmentsPolicies, Plans &
ProgramsDevelopment Projects/Activities
Operation Post OperationPlanning
Closure/
Monitoring of Environmental Quality
Spatial
Plans of proposed Project/ Activity
Implementation of
Project/Activity
Sector or Dominant
Permit
Closure/ Decommissio
ning of Project/ Activity
SEA
Plans/Zoning
AMDAL orUKL-UPL Implementatio
n of RKL-RPL/ E P i
EnvAudit ERA Spatial
Plans
EMPPEnvironment
PermitPermit to
Env Permit & Continuous
ImprovementERA
Evaluation
ERA
Permit to Use/
Lease Forest Area
ERA
Environment Supervision
Rehabilitation/ Post-Closure
Management & Approvals
Environmental Monitoring
Carrying Capacity’Studies
Utilization of Space Post-ClosureLaw Enforcement
g
ENVIRONMENTAL PERMIT
TYPE OFTYPE OFENVIRONMENTAL
DOCUMENT Stronger legality of environmental approvals
EnvironmentalPERMIT
AMDAL
Pre-requisite for DominantPERMIT
UKL-UPLEnvironmental management & monitoring
PERMIT
g grequirements specified
CHALLENGE:Every SECTOR has unique set of permits and planning process Many NEW project planning & financing schemes, such as Public-Private Partnership
GRAND STRATEGY for AMDAL
AMDAL “infrastructure” priorities
Institutions
Proper set‐up, clear tasks:
• AMDAL admiistrator• AMDAL Review Commission, incl Technical
T
• Clear regulations; legal certainty• Clear interface between AMDAL and other
env’l instrumentsCl li k b t AMDAL d it /
Regulatory framework
Competent, continuous improvement:• Consultants• Reviewers
Team• Clear link between AMDAL and permits/ approvals
Human Resources
• Decision‐makers• Trainers & assessors
AMDAL
Technical/ Appropriate Financing
U i iti h i tit ti ti lScientific Guidelines
gUniversities, research institutions actively involved:• Sector SOPs• Impact prediction methodologies• Impact management
• Funding for AMDAL review process• Funding for infrastructure development
INNOVATIONS…
AMDAL
…implementation……
AMDAL Competency Certification for Consultants
CERTIFICATION
l f h f h /Regulation of the Minister of the Environment No 11/2008
Consultants who develop the AMDAL document are required to have certification of
Reinforced in EPMA 2009
p qcompetence from independent body
Training institutions and consulting firms that provide AMDAL services are required to register at MOErequired to register at MOE
STATUS March 2012:
511 individuals have been certified 77 consulting firms77 consulting firms have been registered
AMDAL License for AMDAL Review Commissions
LICENSE
AMDAL review commission required to have license, indicating meets capacity requirement
Regulation of the Minister of the Environment No 6/2008
License issued by Minister/Governor/District Head or Mayor, based on recommendation from higher level authority
STATUS March 2012:
i i l33 provincial AMDAL Review Commissions have been licensed
213 district/municipal AMDAL Review Commissions have been licensed
AMDAL Information System
DADUDADUDOKUMENTASI AMDAL DANUKL UPLDOKUMENTASI AMDAL DANUKL UPLDOKUMENTASI AMDAL DAN UKL‐UPLDOKUMENTASI AMDAL DAN UKL‐UPL
Management information system (internet based) to support implementation & improve public access to information
www.dadu‐online.comwww.dadu‐online.com
33
p
Database of environmentDatabase of environment
3main purpose3main purpose
environment data
environment data
Support for document review
Support for document review
Aid for document Aid for
document review processreview process
preparationpreparation
AMDAL Information System
DADU (www.dadu‐online.com)DADU (www.dadu‐online.com)
section to see information AMDAL & UKL – UPL (which alreadyapproved) in each environment agencies DADU usersection to see information AMDAL & UKL – UPL (which alreadyapproved) in each environment agencies DADU user
section to access applications, both for the delivery of information (the initiator / person in charge of activities) and examination of information (environmental agencies).
section to access applications, both for the delivery of information (the initiator / person in charge of activities) and examination of information (environmental agencies).
section to download manuals, sample files, and other document klhsection to download manuals, sample files, and other document klh, p ,want to be delivered
, p ,want to be delivered
section to ask and contact the administratorsection to ask and contact the administrator
Section to see the news , socialization, and the improvement of the programSection to see the news , socialization, and the improvement of the program
AMDAL Stakeholder Forum
Since Dec 2009, have met 14 times (each with > 60 participants)
Members are INDIVIDUALS with common goal of improving AMDAL
Everyone eager to provide INPUT for regulations
Sharing of information, advice, experience through ACTIVE MAILING LIST
Members represent:• Government (MOE, sector ministries)• Private investors• Environment/ AMDAL consultants• Environment/ AMDAL consultants• Academicians• Observers
…still much work to do….METHODOLOGIES:
• Impact prediction methodologies• Social‐economic‐cultural aspectsSocial economic cultural aspects
• Evaluation of environmental feasibility
ENVIRONMENT PERMIT COMPLIANCE:• Reporting guidelines
CONSULTANTS:• Competency development • Better requirements for certification
p g g• Permit revision guidelines
• Sanctions & law enforcement
AMDAL Review Commissions:• Stronger Technical Team• More capacity building• Clearer recommendations for decision‐makers• Supervision of licensed regional Review Commissions
PUBLIC PARTICIPATION & INFORMATION DISCLOSURE:• Better guidelines• Improve readiness of public to participate
TA 7566 Sub‐project Indonesia (1)
OUTPUT 1: Recommendations for Improvements to AMDAL Legal and Regulatory Framework and Administrative Procedures
Equivalency assessment: ADB safeguard requirements & AMDAL regulations
Review regulations on other emerging project financing/planning schemes
Stakeholder discussions
D i b i i d f AMDAL dDetermine best timing and scope for AMDAL study
GUIDEBOOKfor 3‐5 project
types
REPORT on recommendations
DELIVERABLES:
TA 7566 Sub‐project Indonesia (2)
OUTPUT 1: Integration of AMDAL Implementation Procedures into Local and Sector Specific Project Permitting
Update or prepare new technical guidelines for ANDAL and RKL‐RPL in priority areas
Prepare concise checklists for use at district/city level
Use as basis, World Bank Group EHS Guidelines or other similar guidance (int’l best practices)
Prepare concise checklists for use at district/city level
Stakeholder discussions
Prepare publications
REPORT on recommendations
DELIVERABLES:GUIDEBOOKS
for selected sectors
TA 7566 Sub‐project Indonesia (3)
Output 3. Recommendations for Improvement to the Certification Procedure and of the Training of AMDAL Consultantsg
Assess future need to refine consultants competency certification scheme, e g based on discipline or project typee.g. based on discipline or project‐type
Develop recommendations & timeframe for refinement of certification scheme
Stakeholder discussions
Develop recommendations for training scheme
Assess capacity of potential training institutions
Stakeholder discussions
DELIVERABLES: REPORT on recommendations
TA 7566 Sub‐project Indonesia (4)
Output 4. Strengthened Technical Capacity for Review of AMDAL Reports
Develop concept for Technical Team: specific tasks & outputs, recruitment criteria, costs incurred, source of members
Initiate formation of Technical Team for 2 sectors
Develop database of experts for Technical Team for 2 sectors
Stakeholder discussions
Develop database of experts for Technical Team for 2 sectors
Test and evaluate AMDAL review process with Technical Team for above sectors
DELIVERABLES:
REPORT on recommendations
TA 7566 Sub‐project Indonesia (5)
Output 5. Improved Knowledge‐Management for National AMDAL Practitioners Network
Develop website to serve as knowledge management medium for AMDAL stakeholdersUpload relevant documents to websiteUpload relevant documents to website
Manage website during TA duration
Assist Forum AMDAL Indonesia in developing concept for future management of websiteProvide information to Forum AMDAL Indonesia on potential for becoming Indonesian chapter of international EA network
DELIVERABLES:REPORTWEBSITE
Th k Y !Th k Y !For further information, contact:
Thank You!Thank You!For further information, contact:
YY
Kementerian Lingkungan Hidup (KLH)Deputi I Bidang Tata Lingkungan – Asdep Kajian Dampak Lingkunganp g g g p j p g g
Jl. D.I. Panjaitan Kab. 24 Kebon Nanas Jakarta Timur 13410Gedung A lantai 6, Telp/Fax: 021‐85904925
http://wwwmenlh go id/http://www.menlh.go.id/
AMDAL Three Types of Document
Criteria IndividualProject
Integrated Project Special EstatesProject
Type and no. of activities/ projects
1 > 1 > 1
Authority for technical By 1 Ministry or By > 1 Ministry or TechnicalAuthority for technical guidance and supervision
By 1 Ministry or Technical agency
By > 1 Ministry or Technical agency
Li k b t Pl i d t f Pl i dLink between activities/ projects
Planning and management ofactivities are integrated/ interrelated
Planning and management of activities are integrated/ interrelated
Location/ Space One ecosystem One area, tied by anestate development plan
Management By a estate management entityentity
Source: Pasal 8 RPP Izin Lingkungan
ENVIRONMENTAL DOCUMENT & ENVIRONMENTAL PERMIT
ACTIVITY CHARACTERISTICS
TYPE OFENVIRONMENTAL
& ENVIRONMENTAL PERMIT
AMDALSignificant impact
(Peraturan MENLH No 11/2006)
CHARACTERISTICS ENVIRONMENTAL DOCUMENT Stronger legality of
environmental approvals
EnvironmentalPERMIT
AMDAL
Pre-requisite for
(Peraturan MENLH No 11/2006)
PERMITNO significant
impact(Decrees of Governor,
District/ City Head)
UKL-UPLPre-requisite for
d i t ( t ) itDistrict/ City Head)
NO significantimpact & UKL-UPL SPPPL
dominant (sector) permit
impact & UKL-UPL not required;
forSME and micro-activities
SPPPL
PROPOSED PROJECT
ANNOUNCEMENT & PUBLIC CONSULTATION
AMDAL SCHEMEIn New Regulation
PREPARATION OF TOR‐ANDAL
REVIEW OF TOR‐ANDAL
AL
g
PREPARATION OF ANDAL & RKL‐RPL, A
MDA
APPLICATION FOR ENVIRONMENTREVIEW OF ANDAL & RKL‐RPL
PROPOSED PROJECTPROPOSED PROJECT
APPLICATION FOR ENVIRONMENT PERMIT
PROPOSED PROJECT ENV’LLY FEASIBLE
PROPOSED PROJECTNOT ENV’LLY FEASIBLE
DECISION LETTER OF ENVIRONMENTAL FEASIBILITY
ISSUANCE OF ENVIRONMENT PERMIT
ANNOUNCEMENT
ENVIRONMENTAL FEASIBILITY
PREVIOUS SCHEME
ENVIRONMENT PERMIT
ANNOUNCEMENT
NEW SCHEME (WITH ENVIRONMENT PERMIT)