Selasa, November 19, 2024

Marine Surveys No Longer Required for Establishment and/or Placement of Existing Sea Installations

In 2022, the Minister of Marine Affairs and Fisheries (“Minister”) issued Decree No. 42 of 2022 (“Decree 42/2022”), which in essence introduced an applicable mechanism for the establishment and/or placement of buildings and installations at sea (“Sea Installations”). An analysis of Decree 42/2022 can be found in the following edition of Indonesian Legal Brief (ILB): “Govt. Clarifies Licensing Mechanism for the Construction and/or Placement of Buildings and Installations at Sea”.
However, in an effort to further optimize the establishment and/or placement of Sea Installations, the Minister has now decided to issue Decree No. 77 of 2024 on the Amendment to Decree 42/2022 (“Amendment”), which has been in force since 1 November 2024. While maintaining the majority of provisions and aspects that were originally featured under Decree 42/2022, the Amendment has now redefined the applicable mechanism for the establishment and/or placement of Sea Installations. This mechanism breaks down into procedures that apply to existing Sea Installations and Sea Installations that have yet not been established and/or placed. The latter category is specifically referred to as plans for the establishment and/or placement of Sea Installations (“Establishment Plans”).
The Amendment sets the following phases for Establishment Plans: 1) Submission of application letter; 2) Provision of assistance or consultation; 3) Field identification; 4) Marine surveys; 5) Issuance of a Conformity of Sea-Area Utilization Activity Permit (Kesesuaian Kegiatan Pemanfaatan Ruang Laut – “KKPRL”); 6) Issuance of relevant business permits; and 7) Commencement of Sea Installation construction. Meanwhile, existing Sea Installations will not require any marine survey process to be completed. Moreover, upon securing the above-mentioned KKPRL, the processing and issuance of relevant business permits should follow for existing Sea Installations.

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In 2022, the Minister of Marine Affairs and Fisheries (“Minister”) issued Decree No. 42 of 2022 (“Decree 42/2022”), which in essence introduced an applicable mechanism for the establishment and/or placement of buildings and installations at sea (“Sea Installations”). An analysis of Decree 42/2022 can be found in the following edition of Indonesian Legal Brief (ILB): “Govt. Clarifies Licensing Mechanism for the Construction and/or Placement of Buildings and Installations at Sea”.
However, in an effort to further optimize the establishment and/or placement of Sea Installations, the Minister has now decided to issue Decree No. 77 of 2024 on the Amendment to Decree 42/2022 (“Amendment”), which has been in force since 1 November 2024. While maintaining the majority of provisions and aspects that were originally featured under Decree 42/2022, the Amendment has now redefined the applicable mechanism for the establishment and/or placement of Sea Installations. This mechanism breaks down into procedures that apply to existing Sea Installations and Sea Installations that have yet not been established and/or placed. The latter category is specifically referred to as plans for the establishment and/or placement of Sea Installations (“Establishment Plans”).
The Amendment sets the following phases for Establishment Plans: 1) Submission of application letter; 2) Provision of assistance or consultation; 3) Field identification; 4) Marine surveys; 5) Issuance of a Conformity of Sea-Area Utilization Activity Permit (Kesesuaian Kegiatan Pemanfaatan Ruang Laut – “KKPRL”); 6) Issuance of relevant business permits; and 7) Commencement of Sea Installation construction. Meanwhile, existing Sea Installations will not require any marine survey process to be completed. Moreover, upon securing the above-mentioned KKPRL, the processing and issuance of relevant business permits should follow for existing Sea Installations.

......