New Regulation on The Types of Planned Businesses and/or Activities which Require an Environmental Impact Assessment
The Minister of the Environment and Forestry (“MOEF”) has issued Regulation No. P.38/MENLHK/SETJEN/KUM.1/7/2019 on The Types of Planned Businesses and/or Activities Plans which Require an Environmental Impact Analysis (“Reg 38/2019”), which came into effect on 5 September 2019. Reg 38/2019 replaces Regulation No. 05 of 2012 on the same matter.
In general, provisions under Reg 38/2019 covers (i) the types of businesses and/or activities which require an AMDAL and which are exempted from the requirement; (ii) the screening process; and (iii) additions to and reductions from the types of business/activity plans which require an AMDAL. Reg 38/2019 further provides more specific details than the previous regulation, increases the threshold for some activities or business and introduces the AMDAL categories which will affect the timing for preparing the AMDAL document.
The types of business and activities which require an AMDAL and Exemptions
Reg 38/2019 provides a specific list of businesses and activities which require an AMDAL (“List of Activities” – Attachment I to Reg 38/2019) in several sectors such as in construction, water utilization, reclamation, activities dealing with Hazardous and Toxic Waste (B3), electric power, new and renewable energy, ports and mining sectors. The same as the previous regulation, However, some of those businesses or activities have their scale/magnitude threshold increased.
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