The utilization of forest areas can now be carried out through the following mechanisms: 1) Approvals for the use of forest areas; 2) Cooperation agreements; and 3) Approvals for the implementation of survey activities
Stipulates standards which apply to all business activities that are categorized under the environmental and forestry sector, which comprises the following sub-sectors: 1) Forest utilization; 2) Management of hazardous and toxic waste; 3) Management of wastewater; 4) Utilization of environmental services in conservation areas; 5) Utilization of wild plants and animals; and 6) Forest plant seeds. The risk-based business licensing regime that applies to business activities within the environmental and forestry sector will be implemented via the Online Single Submission (OSS) system commencing 2 July 2021
The development of said plantation areas must amount to a minimum of 20% of the total plantation business areas which are cultivated by plantation companies and must be implemented within three years of the right-to-cultivate being granted for lands for plantation business areas
Business activities are identified based on Indonesian Standard Industrial Classification (Klasifikasi Baku Lapangan Usaha Indonesia/KBLI) codes in relation to the following subsectors: 1) Forest utilization; 2) Management of hazardous and toxic waste; 3) Wastewater management; 4) Utilization of environmental services in conservation areas; 5) Utilization of wild plants and animals; and 6) Forest plant seeds
Any business actors which engaged in any mining, plantation or other fields (e.g. oil and gas, agriculture, industry) within forest areas without possessing the required forestry licensing documents prior to the issuance of the Job-Creation Law are subject to the imposition of the following administrative sanctions: 1) Temporary termination of business activities and imposition of administrative sanctions; and 2) Government duress (i.e. blocking of accounts, prevention of overseas travel, confiscation of assets and physical confinement) if business actors fail to pay the relevant fines within the mandated period
Instead of providing any actual lands, parties using forest areas are now required to pay non-tax state revenue (penerimaan negara bukan pajak/PNBP) as compensation for the used lands if the forest areas within the provinces in which the relevant activities take place are smaller than the required threshold
Under the Amendment, fish capture areas/productive fisheries areas are prohibited from being used for waste dumping
Businesses who are the holders of S-PHPL and S-LK will be subject to surveillance by an assessment agency, as well as independent verification institutions, which will be performed through field examinations, the results of which will be used as the basis for determining S-PHPL and S-LK extensions
Location permits are required for any utilization of marine areas located within coastal territories which is undertaken on a permanent and continuous basis for at least 30 days and will also serve as a basis for the issuance of: 1) Management permits and/or other sectoral business licenses which cover the permanent utilization of marine areas within coastal territories; and 2) Reclamation implementation permits. Meanwhile, in terms of the permanent utilization of any resources which is undertaken outside of coastal areas and/or in marine jurisdiction areas, businesses are instead required to secure marine location permits
Submissions of applications for goods loading (for bulk exports only) and physical examinations of palm oil, crude palm oil and related derivative products before the submission of PEB are mandatory for bulk exports but are optional for non-bulk exports. As a result, if an exporter of non-bulk items chooses not to undergo a physical examination, then they must submit the relevant PEB to the Head of the Customs Office enclosing the required documents