Following from the implementation mandate of Law No. 7 of 2004 on Water Resources, Government Regulation No. 37 of 2010 was issued recently to facilitate the construction of dams throughout the country that will retain flood-waters during the rainy season. In so doing, excess water can be used as a renewable energy resource and - hopefully - serve as a flood prevention measure. Dams will also absorb mud, and other waste from mining activities. The regulation implements Articles 22, 34, and 58 of Law No. 7 of 2004 on Water Resources.
Dams will be constructed on the basis of one of two sets of national planning: (1) the relevant river’s water resources management plan; or (2) the river’s availability and need of water, as well as its spatial plan - one of those two plans will specify whether a dam is to be constructed on a given river. Dam’s will be the property of the Indonesian state (central and / or regional governments) or business entities (state and / or private), but the construction can be procured by way of public-private partnerships, and thus be subcontracted to private contractors (Articles 68 - 70).
Whatever the construction scenario happens to be, Water Resources Utilization Permits will be required, application for which is articulated in Articles 10 to 13 of the regulation. Within 5 years of that Permit being issued, an In Principle Dam Construction License will be required, application for which is articulated in Articles 14 to 18 of the regulation.
The planning stage for any dam construction must include a feasibility study, land provision study, and of course dam design or engineering schematic; all of which must be submitted to the State Minister of Public Works - along with other requirements as set out in Article 30 - for a Construction Implementation Permit. After that Permit is issued, construction must be underway within 3 years.
During construction, contractors must prepare for the stage at which a reservoir or water basin is formed, and formulate a plan for how the dam will be managed on a continual basis, including emergency preparedness planning. Some additional requirements are laid out for dam’s that are intended for management of ‘tailing,’ another word for mining waste.
Reservoir creation - when the dam is put into use and, by blocking off water, forms a water basin - requires a Preliminary Filling Permit (Pengisian Awal Bendungan), to be issued by the State Minister of Public Works, as elaborated by Articles 60 to 62. Continual dam maintenance will be required to upkeep the dam after it is operational.
Violations to the provisions of this regulation are administrative, and are limited to the stoppage and revocation of all types of Permits.
Approvals of dam construction or maintenance issued prior to this regulation will continue to be valid, except those who have not obtained any permits or licenses to maintain the dams.
This regulation has been in force since 18 February 2010.
Following from the implementation mandate of Law No. 7 of 2004 on Water Resources, Government Regulation No. 37 of 2010 was issued recently to facilitate the construction of dams throughout the country that will retain flood-waters during the rainy season. In so doing, excess water can be used as a renewable energy resource and - hopefully - serve as a flood prevention measure. Dams will also absorb mud, and other waste from mining activities. The regulation implements Articles 22, 34, and 58 of Law No. 7 of 2004 on Water Resources.
Dams will be constructed on the basis of one of two sets of national planning: (1) the relevant river’s water resources management plan; or (2) the river’s availability and need of water, as well as its spatial plan - one of those two plans will specify whether a dam is to be constructed on a given river. Dam’s will be the property of the Indonesian state (central and / or regional governments) or business entities (state and / or private), but the construction can be procured by way of public-private partnerships, and thus be subcontracted to private contractors (Articles 68 - 70).
Whatever the construction scenario happens to be, Water Resources Utilization Permits will be required, application for which is articulated in Articles 10 to 13 of the regulation. Within 5 years of that Permit being issued, an In Principle Dam Construction License will be required, application for which is articulated in Articles 14 to 18 of the regulation.
The planning stage for any dam construction must include a feasibility study, land provision study, and of course dam design or engineering schematic; all of which must be submitted to the State Minister of Public Works - along with other requirements as set out in Article 30 - for a Construction Implementation Permit. After that Permit is issued, construction must be underway within 3 years.
During construction, contractors must prepare for the stage at which a reservoir or water basin is formed, and formulate a plan for how the dam will be managed on a continual basis, including emergency preparedness planning. Some additional requirements are laid out for dam’s that are intended for management of ‘tailing,’ another word for mining waste.
Reservoir creation - when the dam is put into use and, by blocking off water, forms a water basin - requires a Preliminary Filling Permit (Pengisian Awal Bendungan), to be issued by the State Minister of Public Works, as elaborated by Articles 60 to 62. Continual dam maintenance will be required to upkeep the dam after it is operational.
Violations to the provisions of this regulation are administrative, and are limited to the stoppage and revocation of all types of Permits.
Approvals of dam construction or maintenance issued prior to this regulation will continue to be valid, except those who have not obtained any permits or licenses to maintain the dams.
This regulation has been in force since 18 February 2010.
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