REGULATION ON ENVIRONMENTAL PROTECTION IN MINERAL AND COAL MININGBy : Directorate of Mineral and Coal TechniqueDirectorate General of Geology and Mineral Resources

BASIC REGULATIONSLAW No. 11 Year 1967LAW No. 23 Year 1997GOV REG No. 32 Year 1969GOV REG No. 75 Year 2001Ministry of EMR No. 1211.K/1995DG Decree No. 336.K/271/DDJP/1996Regulations on effluent standard and waste quality

REGULATION BEFORE ENV LAW 1982LAW 11 year1967 about MiningGOV REG No 32 year 1969 about implementation of LAW 11 Year 1967Ministry Decree 04 Year 1977 about Prevention & Mitigation of Impact from MiningDG Decree 07/1978 about Mitigation of Surface Mining ImpactDG Decree 08/1978 about Mitigation of Dredging ImpactDG Decree 07/1978 about Mitigation of Processing ImpactHistory of regulation

REGULATIONS AFTER ENV LAW 1982LAW 11 year1967 about MiningGOV REG No 32 year 1969 about implementation of LAW 11 Year 1967LAW 23 year 1997 about Environmental ManagementGOV REG 27 year 1999 about EIA (AMDAL)MME Decree 2555.K Year 1993 about Mine InspectorMME Decree 103.K Year 1993 about Inspection on Env Manage and Mon. in MiningMME Decree 1211.K Year 1995 about Prevention and Mitigation of Env Disruption and Pollution in MiningReclamation Bond (DG Decree 336.K/1996)Erosion Control (DG Decree 693.K/1996)Report on implementation of env management and monitoring, incident (DG Letter 1993)Reclamation guidance (DG Letter1993)History of regulation

LAW No 11 Year 1967 about : MINING CODEArt 29 stated that MME conduct inspection on activity that has impact to public interests.Ps 30 After mining is ceased, company has to reclaim the site to a safe condition for surrounding community.Regulation

LAW NO. UU 23/1997 rgd Environmental Management

(2)Environmental management is carried out comprehensively by gov institution according to their authority, community and other agent of development (icl. company), in accordance with national environmental management policy. (3)Enviornmental management should be carried out in accordance with spatial planning, protection of natural resources, man made structure, biodiversity and its ecosystem, cultural conservation and climate change.(4)National environmental management policy and implementation is coordinated by Ministry (of Environment). Article 9

LAW NO. UU 23/1997 (continued)Article 18 (1) Every business and/or activity which causes significant impacts to the environment should have Environmental Impact Assessment (EIA/AMDAL) to get operational permit.Notification:Operational permit such as operation/production permit in COW or CCOW

LAW NO. 23/1997 (continued)

Minister conducts monitoring/controlling on compliance of CEO to the regulation on environment. Minister can appoint officer in charge to conduct such monitoring/controlling as stated above. In case of authority is transferred to regional government, Gov/Mayor appoints officer in charge.Article 22

Every activity and or development obviously will causes impacts to the environment.To prevent negative impacts, need Environmental Impact AssessmentPlanning is key aspectGOVERNMENT REGULATION No 27 Year 1999regarding ENVIRONMETAL IMPACT ASSESSMENT

Authorized institution is institution which has authority to issue operational permit (DEMR);Responsible institution is institution which has authority to issue environmental permit (MENV);Technical institution is institution which has authority to gives technical supervision (DEMR);Article 1 General rule

Article 2(1) Environmental Impact Assessment is part of Feasibility Study Feasibility Study ( FS) = feasible in Technical, Economic and Environmental aspect

SECTION IV GUIDANCE Article 28

(1) Responsible institution guides National and Regional Evaluation Committee.(2) Technical Institution conducts technical guidance on environmental management and monitoring implementation as part of operational permit/license

SECTION V CONTROLLINGPasal 32

CEO has to submit report on implementation of environmental management and monitoring plan to technical institution with cc to responsible institution and Governor/Mayor.

EXISTING CONDITIONLaw No. 23 Year 1997 jo Gov.Reg. No. 27/1999 & Law No. 32/2004 PertambanganDampakPentingAMDALLintasProvinsiLintasKab/KotaIzin PertambanganGubernurIzin PertambanganMenteriKomisi Pusat LH

Anggota :Tim Teknis Kab/KotaTim Teknis Dinas Pert Prov.

Komisi AMDAL Provinsi

Anggota :Tim Teknis Dinas Pert Prov.Tim Teknis Kab/Kota

UKL & UPLDinas LHIzin PertambanganBupati/WalikotaKomisi AMDAL Kab/Kota

Anggota :Tim Teknis Dinas Pert Prov.Tim Teknis DESDMTidakYaTidakTidakYaPasal 15UU 23/97Pasal 9UU 23/97Pasal 19 (1)UU 23/97Pasal 8 (1)PP 27/99EksternalitasPasal 11 (1) UU 32/04Pasal 9 (1)PP 27/99Pasal 10 (1)PP 27/99Pasal 11 (1) PP 27/99Pasal 11 (2) PP 27/99Pasal 3 (4)PP 27/99AMDAL

GOV REG 32 Year 1969 about : Implementation of Law No 11 year 1967Art 46 (4)Prior to leaving concession area, permit holder has to stabilize goods or building and surrounding soils which have potential danger to publicArt 46 (5)Ministry set up standards for compliance of reclamation.

Regulation

GOV REG No.75/2001, about : Second amandement of GOV Reg No. 32/1969 about Implemenation of Law No. 11/1967 about Mining CodeArticle 37 (4)Every permit holder should give permission to others for constructing environmental facilities in his/her concession base on mutual understanding

GOV Reg 75/2001 (continued)Article 39 (1)Within last 3 (three) year from period of permit, Ministry, Governor, Mayor according to his/her authority conduct specific inspection.Article 39 (2)Within those period permit holder must follow guidance from Min, Gov, or May.

GOV Reg 75/2001 (continued)Article 41 (1), e.Mining activity can be stopped if no reclamation bond or no environmental management and monitoring activity within.

GOV Reg 75/2001 (continued)Article 46 (4) Prior to leaving concession area, permit holder has to stabilize goods or building and surrounding soils which have potential danger to publicArticle 46 (5)Ministry, Governor, Mayor can establish standard or regulation for mine closureArticle 67 a (3)Existing CCOW and COW managed by Ministry and coordinate with Governor, Mayor.

Ministry of M and E Decree 1211K Year 1995abt :Prevention and mitigation env disruption and pollution from mining activityRun off water has to be treated in pond before release to the environmentSettling pond should be maintained and well function Hydraulic mining must use close circuit

MME Decree 1211K Year 1995COMPANY OBLIGATIONAllocate budget for environmental protection Educate and train employee about environmental protectionAppoint Chief of Mine Technique to lead implementation of environmental protectionIf CMT not available, company must appoint officer in charge

MME Decree 1211K Year 1995COMPANY OBLIGATIONSubmit Annual Env Management and Mon Plan to Chief of Mine InspectorSubmit mine closure plan at the latest one year before closureProvide reclamation bond

MME Decree 1211K Year 1995CHIEF OF MINE TECHNIQUE OBLIGATIONSubmit report to Chief of Mine Inspector about:Implementation of env management and monitoringProcurement, usage, storage and inventory of hazardous materialIndication of env disruption and pollutionEnvironmental incident with in 1 x 24 hour

MME Decree 1211K Year 1995CHIEF OF MINE TECHNIQUE OBLIGATIONApprove SOP for prevention of environmental disruption and pollution in sensitive placePrevent environmental disruption and pollution

MME Decree 1211K Year 1995CHIEF OF MINE TECHNIQUE OBLIGATIONConduct reclamation and re-vegetation according to EIAProvide environmental management and monitoring mapMonitoring tailings contain hazardous material frequently and report it to Chief of Mine Inspector

DG Decree No. 336.K/271/DDJP/1996about : Reclamation BondCONTAINS SOME PRINCIPLES ABOUT:Reclamation bond approval (reclamation plan, component of cost, type of bond)Bond placementDisbursement of bond (60 %, 20%, 20%)Sanctions (administrative, permitting, etc)