In the Online Single Submission (“OSS”) system, we will often hear the word “commitment”. Commitment is a statement made by a business entity regarding its commitment to fulfill the required prerequisite licenses or other statements.
In the Ministry of Environment and Forestry (“MOEAF”), Regulation Number P.26/MENLHK/SETJEN/KUM.1/7/2018 of 2018 on Guidelines for Preparing, Analyzing and Examining Environmental Documents in the Implementation of Integrated Electronic Business Licensing Services (“Regulation”), OSS will issue Environmental License based on the commitment of the business entity to fulfill its obligations as follows: (1) to complete Analysis onEnvironmental Impact/Analisis Mengenai Dampak Lingkungan Hidup (“Amdal”) for business sectors required to have Amdal; (2) to complete Environmental Management Efforts and Environmental Monitoring Efforts/Upaya Pengelolaan Lingkungan Hidup dan Upaya Pemantauan Lingkungan Hidup (“UKL-UPL”) for business sectors required to have UKL-UPL; and (3) to not perform any activities before the commitment to complete Amdal or UKL-UPL is fulfilled.
As for the changes to Environmental License, OSS will issuethe changes of the Environmental License based on the commitment of the business entity which includes the obligations as follows: (1) to complete a new Amdal or Environmental Impact Analysis/Analisis Dampak Lingkungan Hidup (“Andal”) addendum and Environmental Management Plan and Environmental Monitoring Plan/ Rencana Pengelolaan Lingkungan Hidup dan Rencana Pemantauan Lingkungan Hidup (“RKL-RPL”) for business sectors required to have Amdal; (2) to complete a new Amdal for business sectors required to have UKL-UPL, from which the changes of business sectors will be classified as the business sectors that are required to have Amdal; (3) to complete UKL-UPL for business sectors that are required to have UKL-UPL; (4) to not perform any activities before the commitment to complete a new Amdal, Amdal addendum and RKL-RPL, and a new UKL-UPL is fulfilled.
Other commitments that shall be fulfilled by a business entity related to the issuance of Environmental License or changes to Environmental License are as follows: (1) the location of the business plan and/or activity does not overlap with the business location and/or with existing activities that already have a Business Permit or Business location and/or with other business that are in the process of obtaining business licenses; and (2) all requirements submitted in the application for an Environmental Permit do not contain legal defects , errors, misuse, and untruthful and / or falsified documents, data and/or information.
In this regulation, MOEAF describes in detail the preparation and assessment of Amdal andUKL-UPL, procedure for filling in data, verification and registration of Letter of Statement of Environmental Management and Monitoring Undertaking/ Surat Pernyataan Kesanggupan Pengelolaan dan Pemantauan Lingkungan Hidup (SPPL) and others. (ppm)
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This publication has been prepared by Aditya Yudhistira for general informational purposes only to provide clients with information on recent legal developments and is not intended as legal advice or opinion.