Environtment Permit (AMDAL & UKL UPL)
Ennvirontment Permit (AMDAL & UKL UPL)
An environmental permit is required to obtain a business licence for any business and/or activity for which an AMDAL or Environmental Management and Monitoring Program (UKL-UPL) is required.
The application for an Environmental Licence is submitted to the Ministry, the relevant governor or the relevant regent / mayor depending on the location of the business operations of the enterprise.
Other than AMDAL and UKL-UPL, Some businesses or activities (or both) do not require either an AMDAL or a UKL-UPL, but these must submit a Statement of Ability to Manage and Monitor the Environment (SPPL) to the relevant level of government. Statement of Environmental Management and Monitoring Undertaking (Surat Pernyataan Kesanggupan Pengelolaan dan Pemantauan Lingkungan Hidup/SPPL), which is a statement regarding the company’s undertaking to monitor and manage the environmental impact of its business and/or activities which are exempted from the AMDAL or UKL-UPL requirement (Majority for services business fields).
Indonesia’s Environment Law provides that an AMDAL is required for those businesses and/or activities which, amongst other things:
- change the form and contour of the environment.
- exploit a natural resources (renewable or non-renewable).
- may cause environmental pollution and/or damage and/or degradation of natural resources.
- result in natural and artificial environmental, social and cultural impacts.
- impact the sustainability of a natural resource conservation area and/or the protection of cultural heritage.
- introduce new species of plants, animals and micro-organisms.
- produce and utilise natural or non-natural raw material.
- are high risk activities and/or impact State defence.
- implement new technology which is predicted to have a large impact on the environment.
Generally, there are two situations in which an enterprise would need to prepare a UKL-UPL:
- The operations of the enterprise have potentially adverse effects on the environment albeit of a lesser degree than in situations where an AMDAL is required.
- The enterprise is exempted from preparing an AMDAL.
A UKL-UPL has a prescribed form, which includes:
- the activities plan.
- the environmental impact.
- the environmental management and monitoring program.
According to Ministerial Regulation No. 13 of 2010, the types of businesses which require a UKL-UPL will be further set out by governors, regents or mayors.
The enterprise will submit the UKL-UPL to the Ministry, the relevant governor or the relevant regent / mayor for approval.
Jurisdiction of Relevant Authorities
The location of the business operations of the enterprise will determine which authority (whether the Minister, the governor or the regent / mayor) will evaluate the UKL-UPL prepared by the enterprise.
The information provided here is based on our long experience. The process or requirement may vary depending on the specific facts and conditions. Besides, the law and regulations in Indonesia subject to frequent changes. Please contact us as your consultant to get an up to date information and accurate advice. More Information click here and You can also follow our social media accounts to see the latest information posts. please click on the following links: Facebook, Instagram, Linkedin, and Twitter.
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