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Implementing Regulation of The Environment Law – License for Activities That Do Not Required 'AMDAL'

An implementing regulation to Law No. 32 of 2009 on Environment Protection and Management, Minister of Environment issued the regulation No. 13 of 2010, to govern matters relating to environment protection documents for all activities that do not require an Environmental Impact Assessment (EIA, or 'Amdal').

Whereas an EIA is required for activities posing more serious threats to the environment, and is to be governed by alternative regulation, activities with less potential harm require one of two types of documents: (1) Environmental Management Effort and Environmental Monitoring Effort ('UKL-UPL' as they are most commonly known) or; (2) Environmental Management Statement ('SPPL').

'UKL-UPL Recommendations' are generally issued for activities with minimal risk to the environment. 'SSPL Approvals' are issued for even less endangering activities - essentially they serve as statements of environmental commitment by micro, small, and medium-sized enterprises.

Whatever the activity, an EIA, UKL-UPL, or SPPL is required as the necessary antecedent for any business license.

Article 3 of the Regulation allows the relevant authority (governor, regent, or mayor) the discretion to use a 'screening process' to determine whether a proposed activity requires either an UKL-UPL or SPPL. The screening process is elaborated in Attachment I of the Regulation, and consists of a series of procedures used to classify an activity as more or less threatening to the environment. Indeed, by the same token, the authority could decide that the activity poses a more serious environmental risk, and actually requires an EIA ('AMDAL') assessment.

Based on their own evaluation of what environmental risks are associated with their business activities, the prospective initiator of a business activity must submit an application for either an UKL-UPL Recommendation or SPPL Approval to the relevant authority, which depends upon the location of the activity (see Article 5).

For UKL-UPL applications, the format and requirements (i.e., information and supporting documents) are set out in Attachment II of the Regulation, whereas for SPPL applications, the format and requirements are set out in Attachment III.

The applications will be evaluated and decided-upon by the relevant authority within given timeframes: 14 days for an UKL-UPL Recommendation (as opposed to 7 days in the previous regulation on the subject), and 7 days for SPPL Approval.

The Regulation repeals and replaces the previous regulation on the same subject matter, namely Minister of Environment Decision No. 86 of 2002.

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