The purpose of this Minister of Agriculture Regulation, No. 07/PERMENTAN/OT.140/2/2009, is to ensure that management of plantations is being maximized in an era of dwindling land supply for plantation endeavors. The regulatory basis for the provisions of this Regulation is Article 44(2) of Law No. 18 of 2004 on Plantations.
The assessment envisaged under the provisions of the Regulation cover the following matters, among others:
-
To know the performance of the plantation business;
-
To know the compliance level of the plantation business with prevailing laws and regulations in the sector;
-
Compile programs and policies that are aimed at providing guidance to the plantation businesses in order to meet targets.
The assessment of plantation business will be done using an approach that focuses on agribusiness as it relates to ecosystems, the provision of production equipment, production, processing, and outputs. The assessment is to be undertaken at both the development and operational phases of the plantation business. The Regulation further enumerates the assessment approaches for both the development and operational phases in the succeeding articles.
All plantations are subject to the provisions of this Regulation. Depending on the location of the plantation, the Governor or the relevant Regent or Mayor will be responsible for the conduct of the assessment. The Governor or the relevant Regent or Mayor are to be responsible for putting together the assessment team that is to be tasked with undertaking the assessment.
Generally, an assessment is not to take longer than the amount of time set out in the provisions of any associated regulations issued by the relevant authority. If after 30 working days of being warned the assessor has still failed to complete the assessment then a recommendation can be made to have the assessor’s certification revoked.
The results of the assessment are to be submitted to the relevant authority for confirmation within two weeks of the assessment being completed. The results of the assessment will see plantation businesses classified in the following classes: Class A, B, C, D, or E for the development phases or Class I, II, III, IV, or V for the operational phases. The determination of classification is to be taken no later than two months after the results of the assessment have been received.
Those plantation businesses classified in Classes D or E and IV or V will be given instructions on improvements that must be made. Any failure to comply with these instructions will result in compliance warnings being issued. The schedule of these warnings is set out in Article 22.
The Regulation repeals Minister of Agriculture Decisions No. 167/Kpts/KB.110/03/1990 and No. 486.1/Kpts/OT.100/10/2003.
The Regulation has been in force since 4 February 2009.
The purpose of this Minister of Agriculture Regulation, No. 07/PERMENTAN/OT.140/2/2009, is to ensure that management of plantations is being maximized in an era of dwindling land supply for plantation endeavors. The regulatory basis for the provisions of this Regulation is Article 44(2) of Law No. 18 of 2004 on Plantations.
The assessment envisaged under the provisions of the Regulation cover the following matters, among others:
-
To know the performance of the plantation business;
-
To know the compliance level of the plantation business with prevailing laws and regulations in the sector;
-
Compile programs and policies that are aimed at providing guidance to the plantation businesses in order to meet targets.
The assessment of plantation business will be done using an approach that focuses on agribusiness as it relates to ecosystems, the provision of production equipment, production, processing, and outputs. The assessment is to be undertaken at both the development and operational phases of the plantation business. The Regulation further enumerates the assessment approaches for both the development and operational phases in the succeeding articles.
All plantations are subject to the provisions of this Regulation. Depending on the location of the plantation, the Governor or the relevant Regent or Mayor will be responsible for the conduct of the assessment. The Governor or the relevant Regent or Mayor are to be responsible for putting together the assessment team that is to be tasked with undertaking the assessment.
Generally, an assessment is not to take longer than the amount of time set out in the provisions of any associated regulations issued by the relevant authority. If after 30 working days of being warned the assessor has still failed to complete the assessment then a recommendation can be made to have the assessor’s certification revoked.
The results of the assessment are to be submitted to the relevant authority for confirmation within two weeks of the assessment being completed. The results of the assessment will see plantation businesses classified in the following classes: Class A, B, C, D, or E for the development phases or Class I, II, III, IV, or V for the operational phases. The determination of classification is to be taken no later than two months after the results of the assessment have been received.
Those plantation businesses classified in Classes D or E and IV or V will be given instructions on improvements that must be made. Any failure to comply with these instructions will result in compliance warnings being issued. The schedule of these warnings is set out in Article 22.
The Regulation repeals Minister of Agriculture Decisions No. 167/Kpts/KB.110/03/1990 and No. 486.1/Kpts/OT.100/10/2003.
The Regulation has been in force since 4 February 2009.
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