Geothermal Energi Developmentenergy-indonesia.com/03dge/0130625Environment Management.pdf · TOR (KA) REVIEW ANDAL & RKL Review Adminis-trative Appraisal by the Secretariat Technical

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:

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