Environmental Impact Assessment Commission for Integrated/Multisectoral Activities, Establishment of (MOE Decree No. 15, 1994)

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DECREE CONCERNING
ESTABLISHMENT OF AN
ENVIRONMENTAL IMPACT ASSESSMENT COMMISSION
FOR INTEGRATED/MULTISECTORAL ACTIVITIES
Minister of State for the Environment
Decree Number Kep-15/Menlh/3/1994

THE MINISTER OF STATE FOR THE ENVIRONMENT

1. that for the implementation of Government regulation No. 51 of 1993 regarding Environmental Impact Assessment it is necessary to enhance the coordination of such implementation in a more integrated fashion, both at the central and regional levels;
2. that developments which are designated as being integrated/multi-sectoral activities, pursuant to the general provisions of Article 1, item 3, of Government Regulation No. 51 of 1993 Regarding Environmental Impact Assessment, often fall under the authority of more than one responsible agency for cases which have significant impacts on the environment;
3. that the evaluation of the environmental impact assessment documents for such integrated/multisectoral activities cannot be made by a single Central AMDAL Commission or Regional AMDAL Commission alone, since such activities fall under the authority of more than one responsible government agency;
4. that it is necessary to appoint an environmental impact assessment commission within the Environmental Impact Management Agency to handle such integrated/multi-sectoral businesses or activities, and that such appointment must be provided for in a Decree of the Minister of State for the Environment.

1. Law No. 4 of 1982 regarding Basic Provisions for the Management of the Living Environment (State Gazette No. 12, 1982, Supplement to State Gazette No. 3215);
2. Government Regulation No. 51 of 1993 regarding Environmental Impact Assessment (State Gazette No. 84, 1993, Supplement to State Gazette No. 3538);
3. Decree of the President the Republic of Indonesia No. 23 of 1990 regarding the Environmental Impact Management Agency;
4. Decree of the President of the Republic of Indonesia No. 44 of 1993 regarding Position Basic Tasks, Function, Organizational Structure and Administration of Ministers of State;
5. Decree of the President of the Republic of Indonesia No. 96/M of 1993 regarding the Establishment of Development Cabinet VI.

HAS DECIDED TO STIPULATE:

Establishment of an Environmental Impact Assessment Commission
for Integrated/Multisectoral Activities

Second

The membership of the Environmental Impact Assessment Commission for Integrated/Multi-sectoral Activities shall be composed of:

1. Chairman: the Deputy for Development of the Environmental Impact Management Agency;
2. Secretary: the Director for AMDAL Development, Control and Monitoring of the Environmental Impact Management Agency;
3. Members:

1. Permanent Members:

1. staff of the Directorate for AMDAL Development, Control and Monitoring of the Environmental Impact Management Agency
2. representative(s) of the Office of the Minister of State for the Environment;
3. representative(s) appointed by the Minister of Home Affairs;
4. representative (s) of the Investment Coordination Board;
5. representative(s) of the National Land Agency;

2. Non-Permanent Members:

1. representative(s) of the Deputy for Pollution Control of the Environmental Impact Management Agency, in connection with issues pertaining to the Environmental Impact Assessment of the integrated/multisectoral business or activity in question;
2. representative(s) of the ministries or non-departmental government agencies having technical jurisdiction over the operations of the integrated/multisectoral business or activity in question;
3. representative(s) of other ministries or non-departmental government agencies associated with the integrated/multisectoral business or activity in question;
4. representative(s) of the regional government where the integrated/multisectoral business or activity in question is located;
5. representative(s) of non-governmental organizations;
6. experts in the field of the integrated/multisectoral business or activities in question;
7. other members deemed necessary, at the discretion of the Minister of State for the Environment/Head of the Environmental Impact Management Agency.

The Environmental Impact Assessment Commission for Integrated/Multi-sectoral Activities shall assist the Minister of State for the Environment in:

1. preparing technical guidelines for the preparation of environmental impact assessments for integrated/multisectoral businesses or activities;
2. reviewing terms of reference for the preparation of Environmental impact statements for integrated/multisectoral businesses or activities;
3. evaluating environmental impact statements for integrated/multisectoral businesses or activities;
4. evaluating environmental management plans for integrated/multisectoral businesses or activities;
5. evaluating environmental monitoring plans for integrated/multisectoral businesses or activities;
6. assisting in the preparation and issuing of decrees regarding environmental impact statements, environmental management plans and environmental monitoring plans for integrated/multisectoral businesses or activities;
7. performing any other tasks as directed by Minister of State for the Environment.

In performing its tasks, the Environmental Impact Assessment Commission for Integrated/Multi-sectoral Activities shall pay due attention to the following considerations:

1. Decisions of the Environmental Impact Assessment Commission for Integrated/Multi-sectoral Activities shall be based on balanced consideration of technology, economics, and environmental aspects, with the environment comprising both physical and non-physical features including socio-cultural aspects;
2. Before the Environmental Impact Assessment Commission for Integrated/Multi-sectoral Activities undertakes its evaluation, the proponent shall first submit the results of the Environmental Impact Assessment, Environmental Monitoring Plan for the integrated/multisectoral business or activity in writing and shall present the same to a Commission meeting;
3. The Environmental Impact Assessment Commission for Integrated/Multi-sectoral Activities meeting shall listen to suggestions and opinions of the representative(s) of the community(s) affected by the impacts of the integrated/multi-sectoral business or activity in question, taking these into account in making its decision;
4. As deemed necessary, the Environmental Impact Assessment Commission for Integrated/Multi-sectoral Activities may carry out field investigation(s)/check(s) and/or consult with any party deemed necessary.

All costs incurred by the Environmental Impact Assessment Commission for Integrated/Multi-sectoral Activities in performing its tasks shall be charged to the budget of the Environmental Impact Management Agency.

Sixth

This Decree shall take effect as of the date of promulgation, and if any error is found in the future, a revision shall be made accordingly.
 

Promulgated in Jakarta on 19 March 1994

The Minister of State for the Environment
(signed) Sarwono Kusumaatmadja

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