Coastal and Small Island Reclamation
Presidential Regulation No. 122 of 2012 on Reclamation of Coastal Areas and Small Islands (“Regulation”) requires reclamation projects (dredging, draining, and landfill) to comply with permitting requirements and to account for the technical, environmental, and socio-economic impacts of the activity.
Most importantly, the Regulation does not apply to reclamation in (i) certain aspects of major ports and harbors or territorial waters of special terminals; (ii) mining, oil & gas, and geothermal areas; or (iii) restoration or improvement of forest areas. Reclamation is prohibited altogether in conservation areas and sea lanes.
Parties planning a reclamation project must submit a Reclamation Plan and obtain a Location Permit and an Implementation Permit. Detailed permitting procedures are contained in an implementing regulation, Minister of Marine Affairs and Fisheries (MMAF) Reg. No. 17/PERMEN-KP/2013. The authority to approve a plan and issue permits is relative to the scale of the project: Projects within a single Regency/City or 4 miles from the coast are under local jurisdiction; cross-Regency projects and projects within the 12 mile territorial waters are under the Governor; and cross-Province projects and projects in National Strategic Areas (KSN) or fishing harbors that are managed by the Central Government are under the authority of the MMAF. All reclamation projects must be aligned with regional- and island-level Coastal and Small Island Zoning Plans (RZWP-3-K) and Spatial Plans.
Implementation must commence within one year from the date the Implementation Permit is issued. The implementation permit may be revoked if it is not in accordance with the reclamation plan or the environmental permit is revoked.
CONSIDERATION OF IMPACTS
Technical, environmental, and socioeconomic factors must be observed throughout implementation. Technical factors include hydrological, hydro-oceanographic, bathymetric, topographical, geomorphological, and geotechnical (physical/mechanical) aspects. Environmental factors include marine water quality, groundwater quality, and air quality, as well as impacts on coastal ecosystems (mangrove, seagrass, coral reef) and aquatic and terrestrial biota. Socioeconomic factors include demographic factors (population size and density, income and education levels, sources of livelihood, culture/religion, health), public access to coastal/marine areas and resources, and the potential need to relocate or compensate affected communities and facilities/infrastructure. Community aspects will be elaborated in a regulation of the Ministry of Marine Affairs and Fisheries (MMAF).The Regulation took effect on December 5, 2012.
(Updated) August 27, 2013
ARFIDEA KADRI SAHETAPY-ENGEL TISNADISASTRA
The foregoing material is the property of AKSET Law and may not be used by any other party without prior written consent. The information herein is of general nature and should not be treated as legal advice, nor should it be relied upon by any party for any circumstance. Specific legal advice should be sought by interested parties to address their particular circumstances.
- August 27, 2013