AMDAL, UKL-UPL and SPPL
There are two main documents related to the environment regulations that must be completed if you plan to do business in Indonesia. They are documents on environmental impact analysis (AMDAL) and program of environmental management and monitoring (UKL-UPL).
Article 36 paragraph 1 to 4 of Indonesia Law Number 32 of 2009, concerning Environmental Protection and Management, states that:
- Any of the undertaking or activities that are required to possess AMDAL or UKL-UPL shall be obliged to obtain an environmental permit.
- Environmental permit as cited in paragraph 1 shall be issued based on the determination of environmental feasibility as cited in Article 31 or based on the recommendation of UKL-UPL.
- The environmental permit as cited in paragraph 1 shall obligatorily include the requirements based on the determination of environmental feasibility or recommendation of UKL-UPL.
- The environmental permit shall be issued by Minister, Governor or Mayor based on the authority.
While the types of business plans or activities that are required to have an AMDAL are explained in the Regulation of the Minister of Environment Number 05 of 2012.
Omazaki Enviro provides study services and prepares documents related to compliance with environmental regulations as follows:
- Environmental impact analysis (AMDAL)
- Program of environmental management and monitoring (UKL- UPL)
- Statement of environmental management and monitoring capability (SPPL)
Based on Article 1 of Law Number 32 of 2009, concerning Protection and Management of the Environment, an environmental impact analysis shall be a study of significant impact of undertakings or activities to the environment based on a plan that needs a process of decision-making on how to carry out such activities.
The results of the AMDAL study are in the form of a document consisting of three types of documents:
- Terms of Reference Document (KA)
- Document of Environmental Impact Analysis (ANDAL)
- Environmental Management Plan Document (RKL) and Environmental Monitoring Plan (RPL)
- The Terms of Reference is the scope of the environmental impact analysis study which is the result of scoping
- The ANDAL is a careful and in-depth study of the important impacts of a business program or activity
- RKL is an effort to deal with the impact on the environment caused by the business program or activity
- RPL is an effort to monitor the environmental components affected by the business program or activity plan
The UKL-UPL obligation is applied to activities that are not required to prepare an AMDAL document and the impact of activities is easily managed by available technology.
Effort or program of environmental management and environmental monitoring, hereinafter referring to UKL-UPL, shall be the management and monitoring of the operations or the activities that do not have significant impacts to the environment and it also is necessary for a process of decision making in regard of such undertakings or activities.
UKL-UPL is a set of environmental management tools for decision making and the basis for issuing licenses to conduct business or activities.
The preparation of this UKL-UPL document must also refer to the Governor’s Regulations or Regent Regulations or Mayor Regulations where the business location or activities take place.
The SPPL obligation is applied to activities that are not required to prepare AMDAL and UKL-UPL.
The SPPL is an Environmental Document (DLH) in the form of a letter stating the ability of the business actor to manage and monitor the environmental impacts of his business activities. This SPPL is a type of environmental document — the simplest and most suitable for SMEs in general.