SOROTAN Vol. XXIII/4/2014 - page 79

TAXES
LAW
Environmental Law
Kudri & Djamaris, Attorneys - Counsellors at Law
Mandatory Environmental Audit
Kudri & Djamaris, Attorneys - Counsellors at Law is an
Indonesian law firm that provides a broad range of legal
services to meet the need of clients.
The firm provides legal services in corporate and commercial
law issues, including formation of entities, investment, M&A,
banking and finance, commercial contracts, international
business transactions, energy and real estate. We also offer
clients with our dispute resolution expertise and experience in
the field of civil and commercial, bankruptcy, administrative,
competition law, constitutional, tax and industrial relations.
In order to guarantee the implementation of environmental
protection and management, the Government of the Republic
of Indonesia has issued Minister of Environment Regulation
Number 3 of 2013 on Environmental Audit (“
Regulation
3/2013
”). This Regulation 3/2013 aims to provide guidelines on
the implementation of certification of Environmental Auditor
Competency and Environmental Audit.
Environmental Audit is an evaluation conducted to assess the
compliance of a person in charge of the business and/or activity
with respect to the legal requirements and policies stipulated
by the government. Environmental Audit is conducted on the
business and/or activity that has environmental documents and
it can be conducted to more than one business and/or activity
located in one area. Environmental Audit can be performed on
a voluntary basis by a person in charge of the business and/or
activity, or as required by Minister who administers government
affairs in the field of environmental protection and management
(often referred to as the “
Mandatory Environmental Audit
”).
Mandatory Environmental Audit is applied to business and/or
activity which have a high risk to the environment. The Mandatory
Environmental Audit shall be carried out periodically in accordance
with the period of the environmental audit of each business and/or
activity. The business and/or activity which are obliged to conduct
the Mandatory Environmental Audit are as follows:
(i)
Industry Sector:
cement, petrochemical, pesticide active
ingredient, ammunition and explosive industries.
(ii)
Public Works Sector:
the operation of dams/reservoirs or
other types of water reservoirs.
(iii)
Energy andMineral Resources Sector:
oil and gas processing
activities, oil and gas transmissions, mineral exploitation
including its processing by submarine tailings placement,
exploitation of radioactive minerals including processing and
refining, hydroelectric power plant (PLTA), steam power plant
(PLTU).
(iv)
Nuclear Development Sector:
the operation of nuclear
power plant (NPP) or a non-powered reactor.
(v)
Management of Toxic and Hazardous Materials (B3)
and Their Waste Sector:
collecting, utilizing, processing and
hoarding of waste of toxic and hazardous materials (B3).
(* with specific conditions set our further in Exhibit I of
Regulation 3/2013)
However, it should be noted that other than on the basis of high
risk to the environment, the business and/or activity may also
be required to conduct a Mandatory Environmental Audit if it
turns out that the business and/or activity shows the presence
of non-compliance with laws and regulations on environmental
protection and management.
There is no criminal sanction if the person in charge of the business
and/or activity does not conduct the obligation to perform the
environmental audit, nevertheless, Minister of Environment
may execute or assign an independent third party to carry out
an environmental audit for that business and/or activity on the
expense of the person in charge of the business and/or activity
concerned.
Office Presentation
Kudri & Djamaris, Attorneys - Counsellors at Law
Mayapada Tower I 5
th
Floor
Jl. Jend. Sudirman Kav. 28
Jakarta 12920 - Indonesia
Phone : + 62 21 5225453
Fax
: + 62 21 5225452
Email
:
Satra Lumbantoruan, S.H.
Associate
+62 21 5225453
+62 852 8483 5685
Kudri & Djamaris, Attorneys - Counsellors at Law is committed
to providing high quality and commercially sensible legal
advice to clients and strives to deliver legal services in a timely
and cost-effective manner.
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