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Ministry of the Environment - Indonesia
Deputy for Environmental Palnning
Asdep for Environmental Impact Assessment
Ir. Ary Sudijanto, MSE Asdep for Environmental Impact Assessments
Geothermal Energi Development From Environmental Management
Perspectives & Policy
There are many advantages
of geothermal energy
But it has some
environmental problems
must be assessed and
managed
Geothermal and Environment
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 (H2S);
• 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)
It’s clean, sustainable energy i.e. it’s easier to meet environmental standards and regulations when used.
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...”.”
...”
KLHS
Tata ruang
AMDAL
Env’t Permit
UKL-UPL
KBKL
BML
Envi’t
Economic
Instrument
Env’t Audit
ERA
Green
Budgeting
Green
Regulation
Other Environmental Instruments
Environmental Instruments
Environmental Quality
Economic Activity:
Geothermal Social
Sustainable
Growth with
Equity
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 Proposed Geothermal
Energy Development
Project - Exploitation
Spatial Plan, EIA/UKL-UPL & Proposed
Geothermal Project (2)
Conform to
the Spatial
Plan
AMDAL (EIA)/UKL-
UPL Process
Yes
No
Rejected
EIA (AMDAL)
Document
The scale of Geothermal Energy
Development – Exploitation is
smaller, but it is located within and
/or adjacent to protected areas
Geothermal Energy
Development - Exploitation
The Geothermal Working Area
(WKP) ≥ 200 hectares
The open area for Geothermal
Operation ≥ 50 hectares
Geothermal Energy Capacity ≥ 50
MW
Geothermal Energy Development (Exploitation) and
Environmental Impact Assessment (AMDAL)
MoE Regulation No. 05 of 2012 concerning Types of the Proposed Businesses and/or Activities that must have EIA
1
2
Protected
Areas
3
The bounday of
a geothermall
proposed
project shares
the border with
the protected
areas
= a proposed geothermal energy project Note:
Potential
environmental
Impacts of a
geothermal
proposed project
influence the
nearest protected
areas
Potential
Environmental Impacts
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)
As stated in Annex III, MOE
Regulation No. 05/2012 &
have been stipulated by
laws & regulations
Geothermal Energy Development is located within and/or adjacent to the Protected
Areas (Article 3, MOE Regulation No. 05/2012)
Geothermal Exploration located within and/or in the protected areas is excluded from the responsibility to
have EIA
3 = A Proposed Geothermal Energy Project is
Conform to the Spatial Plan 2
Environmental
Permit
Amdal, UKL-UPL and Environmental Permit for Geothermal Project
usiness and/or
activity obliged
to undergo
AMDAL (EIA)
business and/or
activity obliged
to undergo
UKL-UPL
Shall be obliged to have
Geothermal Energy
Development
Activities
(Exploration &
Exploitation)
EPM
Permit
1. Issued at the operational stage
2. Issued based on the conditions and
obligations speciified in
Environmental Permit
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 Protection
and Management (EPM)
Permit:
• Waste water discharge
permit,
• emission permit,
• Land application
permit & etc
Environmental
Permit
A Geothermal
Permit
Geothermal
Exploration
Activities
Environmental
Feasibility and
Environmental
Permit
Geothermal
Exploitation
dan Utilization
Compliance to Environmental Standards
Implementation of Environmental Permit &
EPM Permits
a
b
c
d
e
EPM
Permit
EPM
Permit
Environmental
Compliance
Inspection & Laws
Enforcement
Environmental Permit and Geothermal Exploration
and Exploitation (Geothermal In-direct Utilization)
UKL-UPL Process Amdal or UKL-UPL
Process
Reducing Environmental
Pollution Load and
Environmental
Degdaration
Compliance to
Environmental
Standards
Business and/or
Activity Permit
• Implementation of
business and or
activity
• Implementation of
Environmental
Permit & EPM
Permits
EPM Permits
Environmental
Permit
Amdal or
UKL-UPL
Processes
A Proposed
Project
Environmental
Inpection & Laws
Enforcement
AMDAL or UKL-UPL Compiling by Proponent
• 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
Issued by Sectoral Ministers, governor or
regent/mayor including geothermal
permit for direct utilization
Carried out by Minister
of Environment,
governor or
regent/mayor
Proponent
Environmental Permit and Geothermal Direct Utilization
Geothermal Direct Utilization includes i.e.:
1. Tourism;
2. Agrobusiness;
3. Industries
4. Others business and/or activity that directly use
geothermal
Submitting
TOR for
Review
Adminis-
trative
Appraisal
by the
Secretariat
Formulating
TOR (KA)
Formulating
ANDAL &
RKL-RPL
Submitting an application letter of
environmental permit and ANDAL &
RKL-RPL Review
2 Decisions:
1) Environmental
feasibility/
Acceptability; and
2) Environmental
Permit
Public Notice &
Public
Consultation
Decision on
environmental
unfeasibility
Environmentally
feasible/Acceptable
Not Feasible
Project Proponent
EIA Secretariat , EIA Technical Team & EIA
Commission
Minister, governor,
regent/mayor
Process of AMDAL Formulation and Review, and the Environmental Permit Issuance
Technical
Review by
the
Technical
Team
Decision on
TOR Approval
by Head of
EIA
Commission
TOR (KA) REVIEW
ANDAL & RKL Review
Adminis-
trative
Appraisal
by the
Secretariat
Technical
Review by
the
Technical
Team
Public Notice on Environmental
Permit Application
ANDAL & RKL
(Environmental
Feasibility/Acce
ptability) Review
by the EIA
Commission
Recommen-
dation
Public Comments = 10 working days
30 working days
75 working days, including 10 working days for public comments
10 working dyas
Public Notice of
decision on
environmental permit
At least 5 working days after issuance
1
2 3 4 5 6
7
8
9
10
11 12
13
14a
14b
15
Note: the time frame (duration) for EIA Review does not include the duration for revision by the project proponent
One application letter
Project Proponent
Minister, governor, regent/mayor
Process of Filling out an UKL-UPL Form, UKL-UPL Review and the Environmental Permit Issuance
Fill out an
UKL-UPL Form
Proponent
Adminsitrative Appraisal
Submitting an application letter of
Environmental Permit and UKL-UPL
Review
UKL/UPL Technical Review
Decision on Approval
Recommendation of UKL-UPL &
Environmental Permit
Public Notice on Environmental
Permit Application
Public Notice of decision on
environmental permit
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 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
Compliance
with the
Environmental
Pollution
Standards and
Environmental
Degdradation
Criteria
Environmental
Impacts: The environmental
changes result from
businesses and/or
activities
Implementation of the Permits in order to Meet The Environmental Standards
Implementation of
Environmental Permit
& EMP Permits +
Continuous
Improvement
Environmental
Audit
Environmental
Inspection
• 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 MoE Regulation No. 45/2005:
Guideline for Compliling the RKL-RPL
Report (Environmental Permit
Implementation Report)
The MoE Regulation
No. 03/2013
concerning
Environmental Audit
Pre-Construction,
Contruction, Operation
Implementation of Environmental Permit
& EMP Permit, Business and or Activity
Permit
• The Government
Institutions;
• Public/ Communities
The Environmental
Permit Holder
The Legal Basis for Reporting Implementation of
Environmental Permit
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
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
Information on Environmental Protection and Management
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
a
Souce: Article 71 & 72 EPMA 32/2009
c
THE environmental Permit & EPM
Permit Holder (Proponent)
Minister of
Environment,
Governor
Regent/Mayor (in accordance with their
authority)
• Environmental
Laws &
Regulations
• Environmental
Permit
Assign
Environment
Inspectors
Conduct
Environmental
Inspection
Implementation of
Environmental Permit
& EMP Permits +
Continuous
Improvement
Status of
Compliance
Environmental Compliance Inspection
May delegate their
authority in conducting
environmental inspection
to officials or technical
institutions in charge of
environmental protection
and management affairs
b
Administrative and Penal Sanctions under EPMA 32/2009
Article 109 of EPMA 32/2009: Without having an environmental permit:
Imprisonment 1-3 years, Fine (Rp 1-3 Billions)
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 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
Article 98-100 of EPMA 32/2009: Violating environmental pollution standard and envirommental degradation criteria Imprisonment and fine
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
Administrative Sanctions
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/
For Further Information, Please Contact: menghubungi:
Thank You