Geothermal Energi Development

From Environmental Management

Perspectives & Policy

Ir. Ary Sudijanto, MSE

Asdep for Environmental Impact Assessments

Ministry of the Environment - Indonesia

Deputy for Environmental Palnning
Asdep for Environmental Impact Assessment
 Geothermal and Environment
There are many advantages Its clean, sustainable energy i.e. its easier to meet
environmental standards and regulations when
of geothermal energy used.

All energy development and production impacts the

environment to some degree. EIA for geothermal
developments involve consideration i.e.:
local land and water use impacts during both
construction and operation phases (e.g., noise,
vibration, dust, visual impacts, surface and
ground water impacts, ecosystems, biodiversity)
specific geothermal impacts (e.g., effects on
outstanding natural features such as springs,
geysers and fumaroles);
Air emissions i.e. hydrogen sulfide (H2S);
But it has some Depletion of resources: the rate of heat
environmental problems removal from natural reservoirs and their rate of
must be assessed and replenishment;
Social conflict: Geothermal-direct-uses and
managed geothermal power plant (indirect-uses)
Environmental Tools for Sustainable Growth with Equity
The 1945 Indonesian Constitution, KLHS Envit
Economic
Article 28H verse (1): Every person shall
have the right to live in physical and spiritual
Tata ruang Instrument

prosperity, to have a home and to enjoy a Green

BML Regulation
good and healthy environment....
... KBKL Green
Budgeting
AMDAL
Environmental Quality Sustainable UKL-UPL ERA
Growth with
Equity Envt Permit Envt Audit
Other Environmental Instruments
Economic Activity:
Geothermal Environmental Instruments
Social
Article 33 verse (4) of The 1945 Indonesian Constitution : The
organisation of the national economy shall be conducted on the basis of economic
democracy upholding the principles of togetherness, efficiency with justice,
sustainability, environmental perspective, self-sufficiency, and keeping a balance
in the progress and unity of the national economy.
 Spatial Plan, EIA/UKL-UPL & Proposed
Geothermal Project (1)
Spatial Plan
Law No 26/2007 & Goverment Regulation No. 26/2008

Cultivated Areas Protected Areas

A Proposed Geothermal A Proposed Geothermal Energy

Energy Project is Conform Project is allowed by the Laws and
to the Spatial Plan Regulation
 Spatial Plan, EIA/UKL-UPL & Proposed
Geothermal Project (2)

Spatial Plan
Proposed Geothermal
Energy Development
Project - Exploitation Conform to
the Spatial
Plan No
AMDAL (EIA)/UKL- Yes
UPL Process Rejected
Geothermal Energy Development (Exploitation) and
Environmental Impact Assessment (AMDAL)

Geothermal Energy
Development - Exploitation

The Geothermal Working Area
(WKP) 200 hectares
The open area for Geothermal
Operation 50 hectares
EIA (AMDAL)
Document
The scale of Geothermal Energy
Development Exploitation is
smaller, but it is located within and
/or adjacent to protected areas

Geothermal Energy Capacity 50 MoE Regulation No. 05 of 2012 concerning

MW Types of the Proposed Businesses and/or
Activities that must have EIA
Geothermal Energy Development is located within and/or adjacent to the Protected
Areas (Article 3, MOE Regulation No. 05/2012)
1. Geothermal Energy Development is located within the protected forest areas , (it s
allowed by Government Regulation No. 24/2010 Concerning Forest Area Utilization)
2. Geothermal in Conservation Areas area is by allowed the regulation as long as
they are not classified as mining process (Government Regulation No. 28/2011
Concerning Management of Conservation Areas Article 35, verse 1c)

1 Protected
The bounday of Areas Geothermal
a geothermall
As stated in Annex III, MOE
proposed
project shares Regulation No. 05/2012 & Exploration located
have been stipulated by
the border with
the protected laws & regulations within and/or in the
areas
2 Potential
protected areas is
Environmental Impacts excluded from the
Potential
environmental
Impacts of a 3 responsibility to
geothermal have EIA
proposed project Note:
influence the = a proposed geothermal energy project
nearest protected
areas 2 3 = A Proposed Geothermal Energy Project is
Conform to the Spatial Plan
 Amdal, UKL-UPL and Environmental Permit for Geothermal Project

Environmental Permit = a permit garnted to everybody

undertaking business and/or activity obliged to undergo
usiness and/or AMDAL (EIA) or UKL-UPL in the framework for
environmental protection and management as prerequsite
activity obliged for securing business and/or activity permit
to undergo
AMDAL (EIA)
Geothermal Energy
Environmental Development
Shall be obliged to have Activities
Permit (Exploration &
Exploitation)
business and/or
activity obliged
Issued at the planning EPM Environmental Protection
stage and the final
to undergo product of AMDAL or Permit and Management (EPM)
UKL-UPL Process Permit:
UKL-UPL Waste water discharge
1. Issued at the operational stage permit,
emission permit,
2. Issued based on the conditions and
obligations speciified in Land application
Environmental Permit permit & etc
 Environmental Permit and Geothermal Exploration
and Exploitation (Geothermal In-direct Utilization)
Amdal or UKL-UPL
UKL-UPL Process Process EPM
Permit
EPM
b Permit d Environmental
Feasibility and
Environmental
Environmental
Permit
Permit
a Geothermal
Geothermal
A Geothermal Exploitation
Exploration
Permit dan Utilization
Activities
c e

Environmental Implementation of Environmental Permit &

Compliance EPM Permits
Inspection & Laws
Enforcement Compliance to Environmental Standards
 Environmental Permit and Geothermal Direct Utilization
AMDAL Review by the EIA Issued by Minister Issued by Minister Carried out by Minister Environmental
Commission; of Environment, of Environment, of Environment, Inpection & Laws
UKL-UPL Review by the governor or governor or governor or Enforcement
Environmental Institution regent/mayor regent/mayor regent/mayor

Implementation of
Proponent EPM Permits
business and or
activity
Amdal or Implementation of
A Proposed Environmental Business and/or Environmental
Project UKL-UPL Permit Activity Permit Permit & EPM
Processes Permits

AMDAL or UKL-UPL Compiling by Issued by Sectoral Ministers, governor or

Proponent regent/mayor including geothermal Compliance to
Environmental
permit for direct utilization
Standards

Geothermal Direct Utilization includes i.e.:

1. Tourism;
2. Agrobusiness;
3. Industries Reducing Environmental
4. Others business and/or activity that directly use Pollution Load and
Environmental
geothermal Degdaration
Process of AMDAL Formulation and Review, and the Environmental Permit Issuance
Project Proponent EIA Secretariat , EIA Technical Team & EIA Minister, governor,
Commission regent/mayor
1
At least 5 working days
Public Notice & Public
after issuance
Public Comments =
Consultation 10 working Public Notice of
days
TOR (KA) REVIEW decision on
30 working days
4 5 15 environmental permit
3 6
2 Adminis- Technical Decision on
Submitting trative Review by TOR Approval
Formulating
TOR (KA)
TOR for Appraisal the by Head of 2 Decisions:
Review by the Technical EIA 14a 1) Environmental
Secretariat Team Commission feasibility/
Acceptability; and
Formulating 7 2) Environmental
ANDAL & Permit
RKL-RPL
ANDAL & RKL Review
75 working days, including 10 working days for public Environmentally
Submitting an application letter of 8 comments
10 working
feasible/Acceptable dyas
environmental permit and ANDAL & 9 12
RKL-RPL Review Adminis- Technical 11 ANDAL & RKL
trative Review by (Environmental 14b Decision on
One application Feasibility/Acce
Appraisal the environmental
letter ptability) Review
by the Technical by the EIA unfeasibility
Secretariat Team Commission
Note: the time frame (duration) for Not Feasible
EIA Review does not include the
Public Notice on Environmental Recommen-
duration for revision by the project 10
Permit Application dation
proponent 13
Process of Filling out an UKL-UPL Form, UKL-UPL Review and the Environmental Permit Issuance
Project Proponent
Fill out an
UKL-UPL Form
Proponent
Note: the time frame
(duration) for UKL-UPL
Review: 14 working days,
including Public Notice on
environmental permit
application and not including
revision by project proponent
Minister, governor, regent/mayor
Submitting an application letter of UKL-UPL Review and
Environmental Permit and UKL-UPL Issuance of UKL-UPL
Review Approval
Recommendation
can be carried out
Adminsitrative Appraisal by:
a. The Official
assigned by the
Public Notice on Environmental Minister;
Permit Application b. Head of Provincial
Environmental
Agency
UKL/UPL Technical Review c. Head of Regent/
Municipalality
Decision on Approval Environmental
Agency
Recommendation of UKL-UPL &
Environmental Permit
Source:
Article 40 PP 27/2012
Public Notice of decision on
environmental permit
Implementation of the Permits in order to Meet The Environmental Standards
Implementation of Environmental Permit
& EMP Permit, Business and or Activity Compliance
Permit Environmental with the
Impacts: Environmental
Pollution
The environmental
changes result from Standards and
businesses and/or Environmental
activities Degdradation
Pre-Construction, Criteria
Contruction, Operation
The MoE Regulation No. 45/2005:
Guideline for Compliling the RKL-RPL
Report (Environmental Permit
Implementation of Implementation Report)
Environmental Environmental Permit
Audit & EMP Permits + The MoE Regulation No.07/2001:
Continuous Environmental Inspector
The MoE Regulation No.56/2002
Improvement General Guideline of Environmental
Compliance Inspection by Environmental
The MoE Regulation Inspectors
The MoE Regulation No.57/2002: SOP
No. 03/2013
concerning Environmental for the National Environmental Inspector
MoE Regulation No.58 /2002: SOP for
Environmental Audit Inspection the Local Environmental Inspector
 The Legal Basis for Reporting Implementation of
Environmental Permit
The Environmental
Permit Holder
Strengthening
Environmental Democracy
Access to Information;
Access to Participation & Justice;
Strengthening Community Rights in
Environmental Protection &
Management
Source: General Elucidation of EPMA 32/2009)
Information
Information on Environmental
Protection and Management
Article 68 of EPMA 32/2009 : Obligation to
provide information related to environmental
protection and management truthfully,
accurately, transparently and punctually;
Article 53 of GR 27/2012
Obligation to write and submit a report on the
implementation of Environmental Permit
periodically every 6 month
The Government
Institutions;
Public/ Communities
Article 65, verse (2) of
EPMA 32/2009:
Everybody shall be entitled to access to
information, access to participation, and
access to justice in the fullfilment of the
right to good and healthy environment
Environmental Compliance Inspection
Conduct Minister of
Environmental Environment,
a May delegate their
Inspection
Governor b authority in conducting
environmental inspection
Regent/Mayor to officials or technical
(in accordance with their
institutions in charge of
authority)
environmental protection
THE environmental Permit & EPM and management affairs
Permit Holder (Proponent)

Status of
Compliance

Implementation of Environmental
Environmental Permit c Assign Laws &
& EMP Permits + Environment Regulations
Continuous Inspectors Environmental
Improvement Permit
Souce: Article 71 & 72 EPMA 32/2009
 Administrative and Penal Sanctions under EPMA 32/2009
Article 98-100 of EPMA 32/2009:
Violating environmental pollution standard and
Article 111 of EPMA envirommental degradation criteria Imprisonment and fine
32/2009:
(1) Officials: granting
environmental
permit without
AMDAL:
Imprisonment and
fine
(2) Officials granting
business and/or
activity permit
without
environmental
permit:
Imprisonment and
fine

Article 71 of GR 27/2012:
Article 109 of EPMA 32/2009: Without Administrative Sanction for Environmental Permit
having an environmental permit: Holders do not:
Imprisonment 1-3 years, Fine (Rp 1-3 a. Comply with the Environmental Permit and
EMP Permit;
Billions) b. submit the report
 Administrative Sanctions
Environmental Permit Holder who violates the
provisions of as referred to in Article 53 shall be
liable of administrative sanctions which
include:
a. written reprimand;
b. government coercion;
c. freezing of Environmental Permit, or
d. Environmental Permit revocation
Source: Government Regulation No. 27 Year 2012 Article 71
Thank You
For Further Information, Please Contact:
menghubungi:

Ministry of the Environment - Indonesia

Deputy Ministry for Environmental Governance
Asdep for Environmental Impact Assessment

Jl. D.I. Panjaitan Kab. 24 Kebon Nanas Jakarta Timur 13410

Building A Floor 6, Telp/Fax: 021-85904925
http://www.menlh.go.id/