ASM EIA Regulatory Framework

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  ASM EIA Regulatory Framework No Country Regulation Key Findings Challenges 1 Indonesia    Law no 4 2009  Coal and Mineral Mining    Law no 32 2009  Environmental Protection and Management    Govt. Regulation no 22 2010  Mining Area    Govt. Regulation no 23 2010  Implementation of Mining Business  Activities on Coal and Mineral Mining    Govt. Regulation no 27 2012  Environmental Permit    Mins. Enviro. Regulation no 5 2012  Types of Business and/or  Activities that must have EIA    Mins. Enviro. Regulation no 16 2012 Guidelines for Environmental Documentations Preparation    Mins. Enviro. Regulation no 17 2012  Guidelines for community participation in the EIA and Environmental Permitting Process Mining stated as business/activities that requires EIA (Law 32 2009, Govt. Regulation no 27 2012, Mins. Enviro. Regulation no 5 2012). ASM has synonym with People Mining ( Pertambangan Rakyat  , PR) in Law no 4 2009. ASM permitting regulated by Govt. Regulation no 22 and 23 2010.  ASM Permit ( Izin Pertambangan Rakyat, IPR) obtained upon provincial (Provincial government with supervision from House of Representative) review on designated area for ASM mining ( Wilayah Pertambangan Rakyat, WPR) that not overlap with Mining Business Permit  Area ( Wilayah Izin Usaha Pertambangan ) and National Park. The designated area should be aligned with National/Regional Spatial Development Plan (Rencana Kelola Tata Ruang Daerah dan Nasional, RTKRD/N).  ASM is not classified as business/activities that has more than 200 ha in area. In Law no 4 2009, Govt. Regulation 22 2010, ASM area only given to individual/group/co-operative enterprise with maximum of 25 ha. However, EIA documentation might require when ASM activities meet certain criteria stated in the appendix on Mins. Enviro. Regulation no 5 2012.  No Country Regulation Key Findings Challenges During the permitting process, ASM permit seeker should provide certain documentation related with environmental aspects such as environmental monitoring and management plan ( Upaya Kelola Lingkungan dan Upaya Pemantauan Lingkungan , UKL and UPL)
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