Government Regulation No. 22 of 2021 on Environmental Protection and Management:

 

General overview of Government Regulation No. 22 of 2021 on Environmental Protection and Management

The Government Regulation No. 22 of 2021 was enacted on February 2nd, 2021. It is an implementing regulation of the Indonesia Job Creation Law (Law No. 11 of 2020), which has amended many provisions of several existing laws, including the Indonesian Environmental Law, and mandated to establishe a new implementing regulation to operationalize the amended provisions.

In such a context, the Regulation No. 22 of 2021 has revoked several related government regulations, which are:

  • Government Regulation No. 19 of 1999 on Marine Damage and Pollution Control
  • Government Regulation No. 41 of 1999 on Air Pollution Control
  • Government Regulation No. 82 of 2001 on Water Quality and Water Pollution Control
  • Government Regulation No. 27 of 2012 on Environmental permit
  • Government Regulation No. 101 of 2014 on Management of Hazardous and Toxic Waste (B3)

Eventhough these governmental regulations have been revoked, the substantial provisions of these regulations have been compiled into the Government Regulation No. 22 of 2021 with some changes and additions. Furthermore, existing implementing rules (such as ministrial regulations or ministrial decrees) for these revoked regulations are and will be in force until they are replaced by new rules.

Currently, Ministry of Environment and Forestry (MoEF) is drafting several ministrial regulations to further detail the implementation of Government Regulation No. 22 of 2021. The draft ministrial regulations, which are currently being consulted to the public, include:

  • Draft MoEF Regulation on Mechanism and Requirement for Hazardous Waste Management (B3)
  • Draft MoEF Regulation on Technical Approval and Operational Feasibility Certificate/Certificate of Operation Worthiness (SLO) in Environmental Pollution Control
  • List of business that are required to have certain environmental study document (e.g., EIA, UKL-UPL and SPPL)

For the purpose of the Government Regulation No. 22 of 2021, its Annexes and clauses are equally important. Annexes I-IV explain the processes to prepare environmental documents and the appraisal process, which activities are required to obtain an Environmental Approval. Annex V explains how to make an amendment of Environmental Approval. Annexes VI-VIII are about environmental quality standards that business sector needs to comply with. Annexes IX-XIV are regarding hazardous and dangerous waste (as known as “B3 waste”) and non-B3 waste. Lastly, Annex XV stipulates administrative sanctions and fines.

 

Chapter Overview
Chapter I

General provisions

 

 Consists of definition of terms and the contents of the Regulation
Chapter II

Environmental Approval

 

 Provides explanation on the procedures to obtain Environmental Approval, the type of environmental study documents (EIA, UKL-UPL, SPPLH) needed based on type of activity, and how to prepare these documents and its appraisal. The Law No. 11 of 2020 has changed the Environmental Permit, which was previously given, into the Environmental Approval, integrating all environmental management permits (e.g wastewater discharge permit, air emission permit, etc)
Chapter III

Protection and Management of Water Quality

 Regulates Technical Approval for effluent discharge and effluent standards.
Chapter IV

Protection and Management of Air Quality

 Regulates the Air Quality Protection and Management Area known as WPPMU and emission standards for both staitionary sources and mobile sources.
Chapter V

Protection and Management of Sea Water Quality

 

 Explains on the limitation of waste dumping to the sea unless a special permit is obtained through a specific procedure and requirement. See Annex VIII for Sea Water Quality Standards.
Chapter VI

Environmental damage control

 

 Explains the standard criteria for environmental damage, and control of small scale burning by local people based on traditional practice
Chapter VII

Management of B3 Waste and Non-B3 Waste

 Provides management rules for B3 waste and non-B3 waste. Annex IX sets the list of B3 waste, and Annex X and XI set test parameters to determine B3 waste categories
Chapter VIII

Environmental Restoration Guarantee Fund

 

 Stipulates the obligation of business entities to provide environmental restoration guarantee fund established in a government-owned bank. This fund can be used by the company to conduct environmental restoration with the approval of the government. The government can also appoint a third party to conduct restoration measures using fund provided by this fund. If the fund is not enough to cover the restoration cost, the responsible business entity must pay the shortage. In principle, this fund does not replace any business entity’s responsiblility to control pollution/environmental damage and to restore environmental damages caused by its business activities.
Chapter IX

Environmental Information System

 

 Elaborates the obligation of government to develop an environmental information system which consists of:

  • Environmental document information system
  • Environmental approval reporting system
  • Environmental status
  • B3 waste management
  • Environmental hazard map
  • Environmental compliance monitoring and implementation of administrative sanction
  • Other environmental information
Chapter X

Guidance and Monitoring

 

 Explains the government officials’ duties to provide assistence and guidance for involved parties concerning the implementation of environmental protection and management policy, permit, and other technical issues. This chapter also explains governmental obligation to monitor environmental compliance of business sector, monitoring mechanism, as well as the authority of Environmental Supervisor Officials
Chapter XI

Administrative sanction

 

 Elaborates governmental authority to impose administrative sanctions on violations of business permit or Environmental Approval and other laws and regulation regarding environmental protection and management. It also regulates type of violations and the corresponding sanctions (see also Annex XV), the procedure to impose such sanctions, as well as the monitoring of the implementation and compliance to the sanctions.
Chapter XII

Transitional Provisions

 

 Explains the rules for the transitional period. Such as the handling of environmental permit and/or environmental document that has been approved before this Govt Regulation is enacted, the handling of the on-going EIA application, the legal status of EIA Appraisal Committee, etc.
Chapter XIII

Closing Provisions

 

 States which regulations are still active and which regulations have been revoked. This chapter also sets deadlines for fulfilling several obligations mandated by this Regulation.