- In an effort to preserve the country’s groundwater, the Minister of Energy and Natural Resources ("Minister") has introduced various standards for groundwater utilization approvals ("Approvals") through the issuance of Decree No. 291.K/GL.01/MEM.G/2023 ("Decree 291/2023"), which has been in force since 14 September 2023.
- In essence, Decree 291/2023 states that Approvals are required in order to utilize groundwater that is located in basins, as well as other sources of groundwater that are located in river areas and that fall under the jurisdiction of the Minister. However, Decree 291/2023 also affirms that Approvals for groundwater utilization that do not fall under the jurisdiction of the Minister should refer to the relevant regional regulatory frameworks.
- Decree 291/2023 comprehensively details the applicable Approval standards under the Appendices to Decree 291/2023, which address Approvals for the following activities: 1) Utilization of groundwater with discharge rates of less than or equal to two liters per second from single drilled/dug wells; 2) Utilization of groundwater with discharge rates of more than two liters per second from single drilled/dug wells; and 3) Dewatering of groundwater.
- The following matters are addressed in relation to each of the above-described Approval standards: 1) Parties and activities eligible to submit Approval applications; 2) Applicable procedures for the submission of Approval applications; 3) Validity periods for issued Approvals; and 4) Other relevant obligations encumbered by Approval holders.
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