How to Get the Right Environmental Permit for Your Type of Business?
An environmental permit is a permit that is granted to every person who carries out a business and/or activity that requires an EIA (Environmental Impact Assessment) or an EME-EME (Environmental Management Efforts – Environmental Monitoring Efforts) in the context of environmental protection and management as a prerequisite for obtaining a business and/or activity permit. Don’t forget to prepare documents regarding your company’s EIA or EME-EME so that you can immediately apply for environmental permits. For more details, the process has been described in the Regulation of Minister of Environment and Forestry No. 22 of 2018 and No. 26 of 2018. The following is a brief discussion on how to get an environmental permit.
First, carry out the screening process. This stage selects whether a business required an EIA, EME-EME, or Statement of Readiness to Manage and Monitor the Environment. This process is carried out because the application for environmental permits are vary between EIA, EME-EME, or Statement of Readiness to Manage and Monitor the Environment.
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The example is illustrated in the following picture:
The Flow of Screening an EIA Mandatory Business/Activity
The initiator fills out a summary of the initial information on the proposed business and/or Activity Plan (Main & Supporting Activities) which has been attached to Attachment V in the Regulation of the Minister of the Environment No. 11 of 2006. Furthermore, the initial information test is conducted by registering the types of business and/or activity plans to mandatory EIA as listed in Attachment I in the Regulation of the Minister of the Environment No. 11 of 2006. If your type of business matches the provisions, you can see whether your company is EIA Mandatory or not.
If the results of the company’s initial information test are in accordance with Attachment I in the Regulation of the Minister of the Environment No. 11 of 2006, the company is required to have an EIA. However, if not, the next process is to check whether the company’s location is within and/or directly adjacent to a protected area or not (in accordance with the provisions contained in Attachment III to Regulation of the Minister of the Environment No. 11 of 2006).
For businesses and/or activities that are not located within and/or adjacent to the protected areas, the company may carry out the EME-EME Mandatory or Statement of Readiness to Manage and Monitor the Environment process. Meanwhile, if the company is located in and/or adjacent to the environmental area, the company may conduct an initial summary test with the exception criteria written in Article 3 paragraph 4. Companies that meet the exclusion criteria can take care of the EME-EME Mandatory or Statement of Readiness to Manage and Monitor the Environment process, while those who do not, can meet the EIA mandatory.
The following is the procedure for obtaining the Environmental Permit EIA, EME-EME, or Statement of Readiness to Manage and Monitor the Environment:
The Flow of EIA Mandatory
In this flow, it is necessary to pay attention to the time required to process the related documents. Some of its provisions may result in cancellation due to a large number of applications regarding business and/or activity environmental permits. For example, the duration that has been determined since the announcement and public consultation until the process of preparing the ToR-EIA (EIA Terms of Reference) take a maximum of 10 working days.
The next process is then continued by the commission of EIA assessment who carries out the administrative examination, assessment and the ToR-EIA agreement in 30 working days. If the conditions are met, the initiator can prepare EIA, Environmental Monitoring Plan, Environmental Management Plan, and submit an application for the assessment of EIA, Environmental Monitoring Plan, Environmental Management Plan, and Environmental Permit which then be administratively recorded by the Agency of Assessment and Application of Technology (BPPT). The document is forwarded to the commission of EIA assessment to issue a commission recommendation in the form of an SKKLH (Environmental Feasibility Decree) Draft. From the long process that has been carried out, all files will be checked by BPPT for 75 working days until the announcement process, issuance of SKKLH and environmental permits, and announcement of environmental permits. This process ends in the hands of the Proponent with the receipt of the Environmental Permit.
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In contrast to the Mandatory EIA flow, EME-EME and Statement of Readiness to Manage and Monitor the Environment have a short process. The initiator can only apply for EME/EME inspection and environmental permits submitted to BPPT and then forwarded to the EIA assessment commission. The EME/EME will be examined, and the assessment committee will issue a EME-EME recommendation. The recommendation is given to BPPT to re-examine the files’ completeness until the environmental permit’s announcement. The result of this process is the same as mandatory EIA in that the initiator receives an Environmental Permit.
The Flow of EME-EME
The Statement of Readiness to Manage and Monitor the Environment process is not much different from the EME-EME flow, the only difference being the survey of business locations or activities. If the field data is in accordance with the administrative data, the Environment Agency will approve the Statement of Readiness to Manage and Monitor the Environment, and then the Statement of Readiness to Manage and Monitor the Environment approval recommendation will be issued.
The Flow of Statement of Readiness to Manage and Monitor the Environment
After knowing the flow of Environmental Permits and the application process, does your company meet the applicable requirements? If not, immediately consult the preparation of the AMDAL, UKL-UPL and SPPL to the drafters who are members of the LPJP (Institute for Compiling Service Providers). One of them is SUCOFINDO, which has a certified workforce with competence in preparing AMDAL and other Environmental Permits.
For more information about your certification services you can read our article here. If you and your company need further information regarding our services, contact and consult about it here.
