REGULATION ON ENVIRONMENTAL PROTECTION IN MINERAL AND COAL MINING

BASIC REGULATIONS
1. LAW No. 11 Year 1967
2. LAW No. 23 Year 1997
3. GOV REG No. 32 Year 1969
4. GOV REG No. 75 Year 2001
5. Ministry of EMR No. 1211.K/1995
6. DG Decree No. 336.K/271/DDJP/1996
7. Regulations on effluent standard and waste quality

REGULATION BEFORE ENV LAW 1982
1. LAW 11 year1967 about Mining
2. GOV REG No 32 year 1969 about implementation of LAW 11 Year 1967
3. Ministry Decree 04 Year 1977 about Prevention & Mitigation of Impact from Mining
4. DG Decree 07/1978 about Mitigation of Surface Mining Impact
5. DG Decree 08/1978 about Mitigation of Dredging Impact
6. DG Decree 07/1978 about Mitigation of Processing Impact

REGULATIONS AFTER ENV LAW 1982
1. LAW 11 year1967 about Mining
2. GOV REG No 32 year 1969 about implementation of LAW 11 Year 1967
3. LAW 23 year 1997 about Environmental Management
4. GOV REG 27 year 1999 about EIA (AMDAL)
5. MME Decree 2555.K Year 1993 about Mine Inspector
6. MME Decree 103.K Year 1993 about Inspection on Env Manage and Mon. in Mining
7. MME Decree 1211.K Year 1995 about Prevention and Mitigation of Env Disruption and Pollution in Mining
a. Reclamation Bond (DG Decree 336.K/1996)
b. Erosion Control (DG Decree 693.K/1996)
c. Report on implementation of env management and monitoring, incident (DG Letter 1993)
d. Reclamation guidance (DG Letter1993)

LAW No 11 Year 1967
about : MINING CODE
Art 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”.

LAW NO. UU 23/1997 rgd Environmental Management
Article 9
(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 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

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

GOVERNMENT REGULATION No 27 Year 1999 regarding ENVIRONMENTAL IMPACT ASSESSMENT
1. Every activity and or development obviously will causes impacts to the environment.
2. To prevent negative impacts, need Environmental Impact Assessment
Planning is key aspect

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

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 CONTROLLING
Article 32


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

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

GOV REG No.75/2001, about : Second amandement of GOV Reg No. 32/1969 about Implemenation of Law No. 11/1967 about Mining Code

Article 37 (4)
Every permit holder should give permission to others for constructing environmental facilities in his/her concession base on mutual understanding

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.

Article 41 (1), e.
Mining activity can be stopped if no reclamation bond or no environmental management and monitoring activity within.

Article 46 (4)
Prior to leaving concession area, permit holder has to stabilize goods or building and surrounding soils which have potential danger to public

Article 46 (5)
Ministry, Governor, Mayor can establish standard or regulation for mine closure

Article 67 a (3)
Existing CCOW and COW managed by Ministry and coordinate with Governor, Mayor.

Ministry of M and E Decree 1211K Year 1995 abt :Prevention and mitigation env disruption and pollution from mining activity
1. Run off water has to be treated in pond before release to the environment
2. Settling pond should be maintained and well function
3. Hydraulic mining must use close circuit

COMPANY OBLIGATION
1. Allocate budget for environmental protection
2. Educate and train employee about environmental protection
3. Appoint Chief of Mine Technique to lead implementation of environmental protection
If CMT not available, company must appoint officer in charge
4. Submit Annual Env Management and Mon Plan to Chief of Mine Inspector
5. Submit mine closure plan at the latest one year before closure
6. Provide reclamation bond

CHIEF OF MINE TECHNIQUE OBLIGATION
1. Submit report to Chief of Mine Inspector about:
2. Implementation of env management and monitoring
3. Procurement, usage, storage and inventory of hazardous material
4. Indication of env disruption and pollution
5. Environmental incident with in 1 x 24 hour
6. Approve SOP for prevention of environmental disruption and pollution in sensitive place
7. Prevent environmental disruption and pollution
8. Conduct reclamation and re-vegetation according to EIA
9. Provide environmental management and monitoring map
10. Monitoring tailings contain hazardous material frequently and report it to Chief of Mine Inspector

CONTAINS SOME PRINCIPLES ABOUT:
1. Reclamation bond approval (reclamation plan, component of cost, type of bond)
Bond placement
2. Disbursement of bond (60 %, 20%, 20%)
3. Sanctions (administrative, permitting, etc)