Regulation Of The Minister Of The Environment Number 6 By 2013

Original Language Title: Peraturan Menteri Lingkungan Hidup Nomor 6 Tahun 2013

Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50a2c1b3409f60313232393533.html

BN 786-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 786, 2013 the MINISTRY OF ENVIRONMENT. The rankings. The Company's Performance. The Management Of The Environment. Assessment. The program.

REGULATION of the MINISTER of ENVIRONMENT of the REPUBLIC of INDONESIA number 06 2013 ABOUT PROGRAM ASSESSMENT RATING of the COMPANY'S PERFORMANCE in the MANAGEMENT of the ENVIRONMENT by the GRACE of GOD ALMIGHTY MINISTER of ENVIRONMENT of the REPUBLIC of INDONESIA, Considering: a. that to implement the provisions of article 43 paragraph (3) the letter h Law Number 32 year 2009 on the protection and management of the environment, need to be given incentives and disincentive to the person in charge of business and/or activity upon attainment of performance and adherence to the laws and regulations in the field of contamination control and/or damage to the environment as well as waste management hazardous materials and toxic;
b. that the regulation of the Minister of State for the environment number 05 in 2011 about the Program Assessment Rating of company's performance in the management of the environment is not in accordance with the development of the State, so that the necessary changes;
c. that based on considerations as referred to in letter a and letter b, need to establish the regulation of the Minister of the environment about the Program Assessment Rating of company's performance in the management of the environment;
Remember: 1. Law Number 32 year 2009 on the protection and management of Environment (State Gazette of the Republic of Indonesia Number 140 in 2009, an additional Sheet of the Republic of Indonesia Number 5059);
2. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries, as it has been modified several times, the last presidential regulation Number 91 in 2011 (State Gazette of the Republic of Indonesia Number 141 in 2011);
3. Presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties, and functions of the Echelon I Ministries as has been modified several times, the last presidential regulation Number 92 in 2011 (State Gazette of the Republic of Indonesia in 2011 Number 142);
4. Regulation of the Minister of State for the environment number 16 in 2010 about the Organization and the work of the Ministry of environment as amended by regulation of the Minister of the environment number 18 in 2012 (news of the Republic of Indonesia year 2012 Number 1067);
Decide: define: REGULATION of the MINISTER of the ENVIRONMENT ABOUT the PROGRAM ASSESSMENT RATING of COMPANY'S PERFORMANCE in the MANAGEMENT of the environment.
Article 1 In regulation of the Minister, that is: 1. Program Assessment Rating of the company's performance in the management of the Environment hereinafter referred to Proper assessment of program effort is in charge of the effort and/or activities in controlling pollution and/or damage to the environment as well as waste management hazardous materials and toxic.
2. the Independent Assessment is the mechanism by which a company reports its environmental management performance independently for Proper ranking.
3. the Minister is the Minister of the organizing Affairs of the Government in the field of protection and pengelolaanl ingkungan life.
Article 2 of the Ministerial Regulation aims to provide guidelines in carrying out Proper.

Article 3 (1) Proper as referred to in article 2 is done through the mechanism of supervision that results in the form of the granting of incentives or disincentives to the person in charge of business and/or activities.
(2) an incentive or disincentive as referred to in subsection (1) is given based on performance assessment in charge of businesses and/or activities within: a. controlling the pollution of the environment;

b. control of the destruction of the environment; and c. waste management hazardous materials and toxic.
Article 4 (1) implemented with Proper stages: a. preparation;

b. assessment rating;

c. Independent Assessment;

d. screening prospective candidates Green;

e. assessment of green and gold;

f.;d an announcement g. follow-up.
(2) Proper Stages referred to pad aayat (1) listed in Annex I which is part an integral part of the regulation of the Minister.
Article 5 (1) performance assessment in charge of the effort and/or activities referred to in article 3 paragraph (2) is performed based on the Proper criteria which include: a. adherence criteria as listed in annex II which are part an integral part of this Ministerial Regulation; and b. criteria assessment aspects more than required (beyond compliance) as listed in Annex III which is an integral part of part of the regulation of the Minister.
(2) observance of the criteria referred to in paragraph (1) letter a is used for the rating of blue, red, and black.
(3) Assessment Criteria aspects more than required (beyond compliance) as referred to in paragraph (1) letter b used to India's Green and gold.
Article 6 (1) Independent Assessment as referred to in article 4ayat (1) the letter c is done to meningkatkanjumlahcakupanpengawasan Proper danmemberikaninsentifbagipenanggung responsible business and/or telahkonsistenmelaksanakanpengelolaanlingkungan activities.
(2) independent Assessment as referred to in subsection (1) applies to the person in charge of business and/or activities that have been obtained: a. peringkatbiru3 (three) times in a row;

b. peringkathijaupada tahunsebelumnya; or c. the ranking emaspada tahunsebelumnya.
(3) in conducting independent assessment as referred to in paragraph (1), in charge of the effort and/or obligatory fill field activity assessment.
(4) independent assessment of field Sheets as referred to in paragraph (3) are listed in Annex IV that is part an integral part of the regulation of the Minister.
Pasal7 (1) observance of the criteria referred to in Pasal5ayat (1) the letter a include: a. document the environment or izinlingkungan;

b. control of water pollution;

c. the control of air pollution; and d. the management of toxic and hazardous waste.
(2) in addition to the criteria of the obedience referred to in paragraph 1 for businesses and/or mining activities added criteria control the potential damage of the land.
Article 8 Criteria assessment aspects more than required (beyond compliance) as mentioned in Pasal5ayat (1) bmeliputi letters: a. environmental management system;
b. resource utilization that consists of: 1. energy efficiency;

2. reduction and utilization of hazardous materials and toxic waste;
3. reduce, reuse, and recycle 3R) solid waste non hazardous materials and toxic; 4. reduction of air polluters;

5. conservation and decreasing the burden of water pollution; and 6. protection of biodiversity; c. community empowerment; and d. the preparation of performance summary document management environment.

Article 9 (1) the assessment of the performance of the person in charge of business and/or activities referred to in article 3 paragraph (2) is given in the form of a performance rating consists of: a. Black, given to the person in charge of business and/or activity that intentionally doing of any act or omission which did result in contamination and/or environmental damage as well as a breach of legislation or not implementing administrative sanctions;
b. red, given to the person in charge of business and/or activities environmental management efforts it does not comply with the requirements stipulated in the regulations;
c. blue, given to the person in charge of business and/or activities that have been doing the environmental management efforts in accordance with the requirements stipulated in the regulations;
d. Green, given to the person in charge of business and/or activities that have been doing the environmental management more than required in the regulations (beyond compliance) through the implementation of environmental management systems, the utilization of the resources efficiently and doing community empowerment efforts properly; and e. gold, given to the person in charge of business and/or activities that have been consistently showing the superiority of the environment (environmental excellency) in the production process and/or services, implement ethical business and are responsible for the community.
(2) the person in charge of business and/or activities that earn a rating: a. gold and gold trophy awarded certificate of appreciation;

b. Green given green award certificate and trophy; and c. Blue awarded a certificate of appreciation.
(3) the person in charge of business and/or activities that earn a rating of red and black is penalized in accordance with the legislation.
Article 10 (1) in order to form a Proper, the Minister: a. Proper Advisory Council; and b. the Proper technical team.
(2) the Council Proper consideration referred to in subsection (1) letter a must meet the requirements: a. have the credibility, integrity, insightful, and independent;
b. has no financial relationship with business and/or activities that are rated for performance, including the owner of the stock or creditor;
c. have no kinship with business owners and/or activity to which assessed its performance; and d. not a consultant, constituent documents Amdal, a business associate of business and/or activities assessed its performance.
(3) the Proper technical team as mentioned on ayat1 letter b composed of elements: a. work unit echelons I Ministry of environment pollution control wing; and b. a Echelon I work unit Ministry of environment are: management of hazardous materials and toxic and hazardous materials and toxic waste.
(4) the composition of the membership of the Advisory Council Proper and Proper timteknis as referred to in subsection (1) is designated by the Minister.
Article 11

(1) the Minister may conduct a performance evaluation of environmental management towards the person in charge of business and/or activities that got the Red rank.
(2) if the person in charge of business and/or activities can improve performance management within the period specified, then rank the performance of the person in charge of business and/or activity can effected repairs.
(3) performance evaluation Mechanism referred to in paragraph (1) is defined noleh the Chairman of the technical team Proper.
Article 12 (1) in carrying out Proper, the Minister may delegate some phase of the Proper to the Governor.
(2) the stages Proper delegated to the Governor as referred to in subsection (1) include the following: a. the preparation stages, consisting of: 1. the selection of businesses and/or activities;

2. strengthening capacity; and 3. socialization;
b. appraisal rating, consisting of: 1. the collection of data;

2. the implementation of the inspection;

3. inspection report preparation;

4. the proposed provisional ranking determination;

5. the preparation of the interim evaluation results;

6. notice of temporary rank;

7. disclaimers;

8. the final ranking of the proposals;

9. the preparation of the final evaluation results; and 10. notice of final stage; c. screening of prospective candidates to the Green, Green candidate candidates proposing.
Article 13 in terms of effort and/or activities are: a. carry out the required environmental audits in accordance of legislation; and/or b. in the process of law enforcement, are not included as well as right in the Proper.

Article 14 implementation of Proper charged on the income and Expenditure Budget of the State.

Article 15 Padasaat this Ministerial Regulation entered into force, the regulation of the Minister of State for the environment number 05 in 2011 about the Program Assessment Rating of company's performance in the management of the environment (news of the Republic of Indonesia in 2011 Number 680) revoked and declared inapplicable.

Article 16 this Ministerial Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia Established in Jakarta on May 29, 2013, MINISTER of ENVIRONMENT of INDONESIA, BALTHASAR KAMBUAYA Enacted in Jakarta on 5 June 2013 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN Attachment: bn786-2013 fnFooter ();