Forest Areas are classified as one of two types: Protected, and Production.Government Regulation No. 24 of 2010 on Forest Area Utilization - an implementer to Article 38 of Law No. 41 of 1999 on Forestry, as amended by Law No. 19 of 2004 - allows certain ‘strategic’ non-forestry development on either Production or Protected Forest Areas. Possible uses include: religious purposes; mining; telecommunication networks development; power generation, transmission, and distribution; transportation infrastructure and facilities, and; temporary shelter for natural disaster victims - among others. The classification of an area strictly will not change as a result of these incidental uses.
In order to utilize a Forest Area for those purposes, a ‘borrow and use’ permit must be granted by the Minister of Forestry upon application by another minister, governor, regent/mayor, corporate executive, or foundation executive. The technical details around this application will be elaborated by a subsequent Minister of Forestry regulation.
At least this much is clear. First, an in principle license to use the area is granted; this can be used for two years and is extendable. Second, if the applicant fulfills all obligations listed in Article 11 (3) of the regulation, a borrow and use permit will be issued. Meanwhile, several obligations - watershed rehabilitation, reforestation, payment of non-tax state revenue, and so on - befall to the holders of such permits. Permit-holders are prohibited from allowing third parties to use the land.
Both the in principle license and borrow and use permit can be revoked by the Minister of Forestry in the event of any violations to the regulation or other related regulations. Otherwise, the permits can be nullified upon expiry, voluntarily returned by the holders, or in the event the classification of the Forest Area changes (e.g., becomes Protected). In any case, the permit holder is obligated to completely meet their obligations for utilization of the land, even if the license or permit is expired or revoked
Supervision - monitoring Areas to ensure license holders are complying with all provisions - befalls to the Ministry of Forestry. Given the estimates of mineral, coal, oil, and gas deposits in many untapped Forest Areas, and the expansion of extractive activities the government intends to stimulate in coming years, the Ministry will likely have a significant role to play in supervision to ensure that abuse of these areas does not take place.
Any in principle licenses or borrow and use permits issued prior to this regulation continue to be valid until their expiry, with the only exception being a change in classification to a given Forest Area; that may prohibit activities, depending on the re-classification.
Preceding implementing regulations on borrow and use areas continue to be valid, provided they do not contradict this regulation.
This regulation has been in force since 1 February 2010.
Forest Areas are classified as one of two types: Protected, and Production.Government Regulation No. 24 of 2010 on Forest Area Utilization - an implementer to Article 38 of Law No. 41 of 1999 on Forestry, as amended by Law No. 19 of 2004 - allows certain ‘strategic’ non-forestry development on either Production or Protected Forest Areas. Possible uses include: religious purposes; mining; telecommunication networks development; power generation, transmission, and distribution; transportation infrastructure and facilities, and; temporary shelter for natural disaster victims - among others. The classification of an area strictly will not change as a result of these incidental uses.
In order to utilize a Forest Area for those purposes, a ‘borrow and use’ permit must be granted by the Minister of Forestry upon application by another minister, governor, regent/mayor, corporate executive, or foundation executive. The technical details around this application will be elaborated by a subsequent Minister of Forestry regulation.
At least this much is clear. First, an in principle license to use the area is granted; this can be used for two years and is extendable. Second, if the applicant fulfills all obligations listed in Article 11 (3) of the regulation, a borrow and use permit will be issued. Meanwhile, several obligations - watershed rehabilitation, reforestation, payment of non-tax state revenue, and so on - befall to the holders of such permits. Permit-holders are prohibited from allowing third parties to use the land.
Both the in principle license and borrow and use permit can be revoked by the Minister of Forestry in the event of any violations to the regulation or other related regulations. Otherwise, the permits can be nullified upon expiry, voluntarily returned by the holders, or in the event the classification of the Forest Area changes (e.g., becomes Protected). In any case, the permit holder is obligated to completely meet their obligations for utilization of the land, even if the license or permit is expired or revoked
Supervision - monitoring Areas to ensure license holders are complying with all provisions - befalls to the Ministry of Forestry. Given the estimates of mineral, coal, oil, and gas deposits in many untapped Forest Areas, and the expansion of extractive activities the government intends to stimulate in coming years, the Ministry will likely have a significant role to play in supervision to ensure that abuse of these areas does not take place.
Any in principle licenses or borrow and use permits issued prior to this regulation continue to be valid until their expiry, with the only exception being a change in classification to a given Forest Area; that may prohibit activities, depending on the re-classification.
Preceding implementing regulations on borrow and use areas continue to be valid, provided they do not contradict this regulation.
This regulation has been in force since 1 February 2010.
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