Regulatory Region Number 1 In 2012

Original Language Title: Peraturan Daerah Nomor 1 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bdad9a0fd0b8de313634353334.html

Perda_1_2012 REGULATION of the PROVINCE of CENTRAL KALIMANTAN REGION number 1 in 2012 ABOUT the MANAGEMENT of GROUND WATER with the GRACE of GOD ALMIGHTY the GOVERNOR of Central KALIMANTAN, Considering: a. that the ground water is a very important element for the life of the community and in support of development, therefore, should be managed in a fair and sensible by doing a thorough and insightful setting environment; b. that rights to the ground water is the water use rights management is based on the principle of sustainability, balance, alignment and public benefit, harmony, justice, independence, transparency and accountability; c. that its speed is increasing development resulted in the increasing use of water land and to maintain the sustainability of groundwater resources in the province of Central Kalimantan, the need to reform and oversight arrangements, which carefully over any drilling activity, uptake and usage of groundwater; d. that in order to implement the provisions of article 6 paragraph (4) and article 16 paragraph (2) the Government Regulation Number 43 in 2008 about the ground water; e. that based on considerations as referred to in letter a, letter b, letter c and d need to establish local regulations on managing groundwater; Remember: 1. Article 18 paragraph (6) of the Constitution of the Republic of Indonesia in 1945; 2. Act No. 21 of 1958 concerning the determination of the Emergency Law number 10 in 1957 about the formation of the Autonomous Region level I Central Kalimantan and the change of Act No. 25 of 1956 on the establishment of Autonomous areas level I of West Kalimantan, South Kalimantan and East Kalimantan (Indonesia Republic Gazette in 1957 the number 53, additional sheets of the Republic of Indonesia Number 1284) as legislation (Gazette of the Republic Indonesia in 1958 the number 62 Additional Sheets, the Republic of Indonesia Number 1622); COPY 2 3. Act No. 5 of 1960 concerning the basic Regulation Staple Staple Agraria (State Gazette of the Republic of Indonesia in 1960, the number of additional Sheets 115 Countries of the Republic of Indonesia Number 3501); 4. Act No. 5 of 1990 concerning Conservation of natural Biodiversity Resources and their ecosystems (Gazette of the Republic of Indonesia in 1990, number 49 additional sheets of the Republic of Indonesia Number 3419); 5. Act No. 18 of 1999 about construction services (State Gazette of the Republic of Indonesia Number 59 in 1999, an additional Sheet of the Republic of Indonesia Number 3794); 6. Act No. 41 of 1999 on Forestry (State Gazette of the Republic of Indonesia year 1999 Number 167 Additional sheets of the Republic of Indonesia Number 3888) as amended by Act No. 19 of 2004 concerning the determination of the Replacement Government Regulations Act No. 1 of 2004 on changes to the Act No. 41 of 1999 on Forestry into law (State Gazette of the Republic of Indonesia Number 86 in 2004 an additional Sheet of the Republic of Indonesia Number 4412); 7. Act No. 7 of 2004 about water resources (State Gazette of the Republic of Indonesia Number 32 year 2004 an additional Sheet of the Republic of Indonesia Year 4377); 8. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437), as it has several times changed with Act No. 12 of 2008 About the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 9. Act No. 25 of 2007 About Investing (Gazette of the Republic of Indonesia Number 67 in 2007, an additional Sheet of the Republic of Indonesia Number 4724); 10. Act No. 26 of 2007 concerning Spatial (Gazette of the Republic of Indonesia Number 68 in 2007, an additional Sheet of the Republic of Indonesia Number 4725); 11. 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);

3 12. Act No. 12 year 2011 about the formation of Legislation (State Gazette of the Republic of Indonesia Number 82 in 2011, an additional Sheet of the Republic of Indonesia Year 5234); 13. Government Regulation number 22 in 1982 about Tata's water management (Gazette of the Republic of Indonesia Number 37 in 1982, an additional Sheet of the Republic of Indonesia Number 3196); 14. Government Regulation Number 27 in 1999 about the analysis on Environmental Impact (State Gazette of the Republic of Indonesia Number 59 in 1999, an additional Sheet of the Republic of Indonesia Number 3838); 15. Government Regulation No. 28 of 2000 about the efforts and roles of the construction services Society (State Gazette of the Republic of Indonesia year 2000 Number 63, an additional Sheet of the Republic of Indonesia Number 4099); 16. Government Regulation Number 82 in 2001 about water quality Management and control of water pollution (State Gazette of the Republic of Indonesia Number 153 in 2001, an additional Sheet of the Republic of Indonesia Number 4161); 17. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local authorities and the regional Government of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 18. Government Regulation number 26 in 2008 On National Territory Spatial Plans (State Gazette of the Republic of Indonesia Year 2008 Number 96, an additional Sheet of the Republic of Indonesia Number 3721); 19. Government Regulation Number 42 in 2008 about the management of water resources (State Gazette of the Republic of Indonesia Number 82 in 2008, an additional Sheet of the Republic of Indonesia Number 4858); 20. Government Regulation Number 43 in 2008, about the ground water (Gazette of the Republic of Indonesia Number 83 in 2008, an additional Sheet of the Republic of Indonesia Number 4859); 21. Regulation of the Minister of the environment number 11 in 2006 about the type of business or activity that must be equipped with an analysis of the Environmental Impact; 22. Regulation of the Minister of State for the environment no. 1 of 2007, About Technical Assessment Guidelines to define the class of water;

4 23. Regulation of the Minister of energy and natural resources number 13 in 2009, the preparation of Draft Guidelines on techniques of determination of the groundwater Basin; 24. Regulation of the Minister of State for the environment no. 1 of 2010, About Governance Control water pollution; Together with the approval of the HOUSE of REPRESENTATIVES of the REGIONAL PROVINCE of CENTRAL KALIMANTAN and CENTRAL KALIMANTAN GOVERNOR DECIDED: setting: LOCAL REGULATIONS on MANAGING groundwater. CHAPTER I GENERAL PROVISIONS article 1 In this Area Regulations is: 1. The area is the province of Central Kalimantan. 2. Local Government is the Governor/Regent/Mayor and the region as organizer of local governance. 3. The Governor is the Governor of Central Kalimantan. 4. the Minister is the Minister whose duties and her responsibilities in the field of groundwater. 5. District/city is the district/city in the province of Central Kalimantan. 6. the Bupati/Walikota is the Bupati/Walikota on district/municipality in the province of Central Kalimantan. 7. Service is a service of the task and the responsibility in the field of groundwater in the province of Central Kalimantan. 8. the head of Department is the Head Office of the duty and the responsibility in the field of groundwater in the province of Central Kalimantan. 9. Surface water is any water flowing on the surface of land including sea water. 10. Ground water is the water contained in the soil or rock below the land surface.


5 11. Aquifers are layers of rock saturated soil water that can store and forward ground water in an amount reasonably and economically. 12. the Groundwater Basin next abbreviated CAT is an area that is restricted by the limits of hidrogeologis, where all events hidrogeologis such as pengimbuhan, stream, process and release of soil water lasts. 13. Numerical Groundwater Area is the area of resapan water which is capable of adding ground water occurs naturally in groundwater basins. 14. Regional Spin-off Groundwater is soil water output area which takes place naturally in groundwater basins. 15. The management of ground water is an effort to plan, execute, monitor, evaluate the conduct of the land, water conservation and utilization of ground water. 16. The taking of Groundwater is any activity to obtain a soil water retrieval by means of excavation, drilling, penurapan, or by other means. 17. Water use rights of utilization of ground water is water use rights to acquire and wear or dress ground water for various purposes. 18. The right To Use water from the utilization of ground water is the right to obtain and wear the groundwater. 19. The right To Water Business from the utilization of ground water is a right to acquire and cultivate ground water. 20. Water conservation Land is an attempt keep the existence and sustainability conditions, properties, and functions of groundwater in order to be always available in sufficient quantity and quality to meet the needs of living things, both at the time now or in the future. 21. The preservation of ground water is an effort of maintaining the sustainability of groundwater and environmental conditions so as not to undergo changes. 22. Protection of Groundwater is an attempt keep the existence and prevent the occurrence of the damage and environmental condition of ground water. 23. The maintenance of Groundwater is an effort kept the existence of groundwater to fit its function. 24. The preservation of ground water is an effort kept the environmental conditions and water the soil so that it is always available in sufficient quantity and quality. 25. Ground Water damage control is the effort to prevent and cope with damage to groundwater as well as recovering so that its function is back as before.

6 26. Ground water pollution control is prevention efforts and countermeasures of pollution of groundwater and restore ground water to ensure the quality of ground water to match the quality of the raw water. 27. The restoration of Groundwater is an attempt to repair or rehabilitate environmental conditions and groundwater in order to better or back as before. 28. The rehabilitation of ground water is an effort to improve environmental conditions and groundwater that has experienced a decrease in quantity and quality in order to make or better or back as before. 29. An inventory of Groundwater is an activity to discover the niche and potential groundwater by means of mapping, investigation, research and exploration. 30. Utilization of ground water is a penatagunaan effort, the provision and use of business, development and ground water optimally managed to and Sepik. 31. Penatagunaan ground water is an effort to capture zone determination and use of ground water. 32. The provision of ground water is a requirement for compliance efforts of water and water resources to meet their needs with the appropriate quality and quantity 33. Discharging ground water are all activities utilizing ground water for activities not non commercial/business. 34. The use of Groundwater is the uptake and utilization of ground water and the infrastructure. 35. The development of Groundwater are increasing efforts benefit the functions of groundwater in accordance with dukungnya. 36. Concessions of ground water is taking effort and utilization of ground water for commercial purposes. 37. The construction is an activity that includes the giving of the direction, guidance, mentorship, training and outreach to improve performance in the implementation of the management of ground water. 38. Taking Control of groundwater are all efforts that include activities, research and monitoring settings retrieval of ground water to ensure it is used wisely for the sake of maintaining continuity of quantity and quality. 39. The supervision of Groundwater is an activity that is carried out to ensure the achievement of the implementation of the technical and administrative management of the groundwater. 40. The technical Recommendation is binding technical requirements in granting permission or the permission of use of water land concessions of ground water.

7 41. Monitoring of Groundwater is the observation and record-keeping are continuously changing the quantity, quality, and environmental groundwater, caused by environmental change and or the taking of groundwater. 42. The well is a well made Track to monitor the position of the face and/or the quality of groundwater in aquifers. 43. The Network Monitor is a collection of Well well well monitor based on the needs of monitoring groundwater at a groundwater basin. 44. The well bore is a well that production was done either mechanically or manually. 45. The well Resapan is well made with a view to meresapkan the water into the ground which forms the form well dig or drill shallow wells. 46. Penurapan Springs is a natural form of changing springs in the form of an effort to raise the surface of water, shelter and or plumbing that streamed in accordance with requirements 47. Permits Discharging Groundwater was permission to use the water to obtain the right to use water from the utilization of groundwater. 48. Permission Granted ground water is the water use permit to acquire rights to water business from the utilization of groundwater. 49. The groundwater Exploration Permit is a permission to perform an investigation of groundwater through exploration and drilling activities survey geophysics. 50. The drilling of groundwater Permits is permission to do the exploration and/or exploitation of ground water. 51. The taking of Groundwater Permits is permission or taking and utilization of ground water for various purposes. 52. Penurapan spring water Permit is permission to do penurapan of water. 53. Water-taking Permits Springs is taking and permission or the utilization of water from the springs for various purposes. 54. The study of Hydrogeological investigations of groundwater is an activity that aims to obtain data and environmental condition of ground water. 55. Analysis of environmental impact which further shortened AMDAL is the study of the important impact of a business and/or planned activities on the environment necessary for the decision-making process of the Organization of the business and/or activities.

8 56. Environmental Management efforts and the efforts of the monitoring of the environment, hereinafter called UKL-UPL is management and monitoring efforts and/or activities that do not have an impact on the environment that is necessary for the decision-making process of the Organization of the business and/or activities. CHAPTER II FUNCTIONS and PRINCIPLES of MANAGEMENT of article 2 of the social functions of groundwater, the environment and the economy are realized are aligned; Article 3 the management of ground water based paints, berazaskan: a. sustainability; b. balance; c. public benefit; d. alignment and harmony; e. Justice; f. independence; g. transparency; and h. the accountability CHAPTER III the PURPOSE and SCOPE of article 4 (1) the management of groundwater was organized with the aim to realize the benefit of a sustainable ground water for maximum prosperity and welfare of the people. (2) the scope of regulation of this area include: a. the authority and responsibilities; b. activities of the management; c. technical recommendations; d. monitoring and control; e. violations; f. investigation; g. criminal provisions; h. transitional provisions; and i. provisions cover 9 CHAPTER IV the AUTHORITY and RESPONSIBILITIES of article 5 (1) the authority and responsibility of the Governor in the management of groundwater include: a. establish a provincial groundwater management policies based on national ground water policy; b. set the pattern of the management of ground water in the PAINT cross-section of kabupaten/kota is based on the principle of alignment between groundwater and surface water with attention to the interests of the province in the immediate vicinity; c. groundwater management plan sets out on a cross-CAT kabupaten/kota with attention to the interests of the surrounding provinces; d. provides support in the development and utilization of the groundwater, including the provision of information distribution basins, aquifers, groundwater quantity and quality; e. establish and manage protected areas on land water PAINT traffic district/city; f. prepare institutional, human resources, facilities and equipment, as well as funding to support the management of ground water in the PAINT cross-section district/city; g. plan and carry out an inventory, conservation, and utilization of groundwater in the PAINT cross-section of kabupaten/kota in accordance with policy, guidelines, norms, requirements, procedures, criteria and standards established by the Government; h. determine the paint on the territory of the province of Central Kalimantan i. regulate and set allocation utilization of ground water at the CAT cross the district/city; j. provide technical recommendations for issuing permits for drilling exploration and exploitation of ground water, penurapan water, discharging groundwater, spring water and permits retrieval of concessions of ground water at the CAT cross the district/city; k. manage groundwater data and information in the area of the province of Central Kalimantan b. set network monitor ground water wells in the PAINT cross-section district/city; d. facilitate the resolution of disputes between the Government of the Kabupaten/Kota in the management of ground water in the province of Central Kalimantan n. do coaching, training in the field of management of groundwater;


10 o. implementing authorities in the field of management of the water didekonsentrasikan and seconded by the Central Government; and p. provide technical assistance in the management of groundwater to the kabupaten/kota Governments. (2) the authority and the responsibility referred to in subsection (1) is exercised by the Governor through the head of Department. (3) in the exercise of authority and responsibility referred to in subsection (2), a head of Department coordinate with related Department and district/city Governments. Chapter V ACTIVITIES is the MANAGEMENT of the first inventory of groundwater article 6 (1) the Governor, Bupati/Walikota correspond to those powers carry out an inventory of ground water. (2) in carrying out the activity inventory of ground water as referred to in paragraph (1) the Governor, Bupati/Walikota correspond to those powers can assign another party. (3) an inventory of groundwater include activity mapping, exploration and research, investigation, and evaluation of ground water data to determine: a. the distribution of PAINT; b. the regional prefix and spin-off of groundwater; c. geometry and the characteristics of the aquifer; d. balance sheet and the potential ground water; e. soil water management planning; f. retrieval and utilization of ground water; and g. the groundwater conservation efforts. (4) the activity inventory of ground water as referred to in paragraph (1) are carried out for the preparation of the plan or carrier integrated development pattern of groundwater are presented on a map scale of 1:100,000. (5) the results of the inventory of land referred to in subsection (2), used as the basis for the planning of conservation and utilization of ground water. (6) the results of the inventory of activities carried out by the Bupati/Walikota reported to the Minister and Governor. (7) the results of an inventory conducted by the Governor reported to the Minister with a copy to the Bupati/Walikota.

11 the second part of conservation of article 7 (1) water conservation lands made to keep sustainability, continuity, and resource availability, environmental support, the functions of the ground water, and maintain the sustainability of utilization of ground water. (2) water conservation land is based on the principle of sustainability, continuity and availability of soil water and the environmental benefit of its existence. (3) implementation of water conservation land is based on: a. the results of the inventory, identification and evaluation of PAINT; b. results of the study area and may affix the groundwater; c. groundwater management plan on a CAT; d. the results of the monitoring of environmental conditions and changes in ground water. Article 8 (1) Conservation done at least through: a. the determination of soil water conservation zones; b. protection and preservation of ground water; c. preservation of ground water; d. the management quality and controlling pollution of groundwater; and e. the water damaged the power control on the paint. (2) soil water conservation Zones as referred to in paragraph (1) letter a, is presented in the form of a map which is classified into the safe zone, a zone prone, critical zone, and the zone is broken. (3) conservation of groundwater should be one consideration in the planning of the utilization of ground water and spatial planning regions. (4) the implementation of the protection and conservation of groundwater as referred to in paragraph (1) letter b, carried out through activities: a. care of regional soil water numerical functions; b. environmental condition and restoration of ground water in the critical zone and zone are damaged; and c. the protection of aquifers. (5) the preservation of ground water as referred to in paragraph (2) Letter c is implemented through: a. the use of ground water saving; b. capacity building resapan water; and c. the control of use of ground water.

12 (6) Quality Management and control of water pollution of land referred to in subsection (1) the letter d, implemented by means of: a. the prevention of the pollution of ground water; b. tackling pollution of groundwater; and c. recovery of the quality of groundwater that has been contaminated. (7) water damaged power Control on CAT control is done through a decrease in the face of the ground water caused by the use of ground water resources that go beyond the carrying capacity of groundwater. Advance decline ground water control is done through the activities of prevention, response, and recovery of groundwater condition due to sea-water intrusion and prevention, countermeasures, and a reduction in the rate of amblesan land. Article 9 (1) to ensure the success of the conservation, groundwater monitoring activities performed. (2) monitoring of the ground water as mentioned in subsection (1) changes made to the quality, quantity, and it is the environmental impact resulting from the uptake and utilization of ground water and or environmental change. (3) monitoring of the ground water as mentioned in subsection (1) include the following: a. monitoring the changing position of the mien of groundwater; b. monitoring of the ground water quality changes; c. monitoring the number of retrieval and utilization of ground water. d. monitoring of pollution of ground water; e. monitoring of changes in water quality and discharge the springs; and f. monitoring environmental changes in ground water. (4) Monitoring as referred to in paragraph (3) is carried out by means of: a. make wells monitor; b. measure and record the position of the face of the ground water at the well monitor and/or the selected production wells; c. measure and record water eye discharge; d. inspect physical properties, chemical composition, and the biological content of ground water at the well, the well production monitor and springs; e. mapping changes in the quality and/or quantity of ground water; f. Noting the number of retrieval and utilization of ground water; and g. observing and measuring the physical environmental changes due to the taking of groundwater. (5) monitoring of the ground water as referred to in paragraph (3) is carried out at regular intervals in accordance with the type of monitoring activities.

13 article 10 (1) the Governor and Regent/Mayor, as well as of the parties with regard to the utilization of groundwater activities implement water conservation land. (2) Every holder of a permit the taking of groundwater, to water-taking permits springs and ground water concession permit compulsory implement water conservation land. (3) in addition to the Activities referred to in paragraph (1) and potentially alter or damage the environmental conditions and mandatory soil water accompanied by soil water conservation efforts. (4) the Governor together Bupati/Walikota do designation and protection areas are ground water on the PAINT cross-section of kabupaten/kota. The third part of the planning of the utilization of Groundwater article 11 (1) the planning of the utilization of groundwater is implemented as the basis of utilization of ground water on the paint. (2) utilization of ground water planning Activities conducted in the framework of setting retrieval and utilization and control of ground water. (3) the planning of the utilization of ground water as referred to in paragraph (1), based on the results of an inventory and conservation of groundwater. (4) in carrying out the planning of the utilization of ground water as referred to in paragraph (1) through public consultation and must involve the participation of the community. (5) the results of the planning of the utilization of ground water as mentioned in subsection (2) is one of the basics in preparing the plan of spatial locality. The fourth part of the utilization of Groundwater article 12 (1) utilization of ground water Activities include: a. penatagunaan; b. provision; c. use; d. development; and e. concession. (2) Penatagunaan ground water zone aimed at the utilization of soil water and soil water allocation on the CAT arranged by soil water conservation zone.

14 (3) the provision of groundwater is intended to meet the water needs of utilization of ground water for various purposes in accordance with the quality and quantity, and implemented to meet: a. Staples daily; b. agricultural people; c. environmental sanitation; d. industry; e. mining; and/or f. tourism. (4) the use of ground water is done through drilling or extracting groundwater. (5) the development of groundwater on a PAINT intended to increase expediency of function of groundwater to satisfy supply ground water. (6) the business of ground water is ground water use activities to meet the business activities include: a. raw material production; b. utilization of potential; c. the media business; and/or d. material helpers or the production process. The fifth part of the groundwater Data and information Article 13 (1) All information and data on ground water agencies/Government and private institutions that have never been submitted to the district/City Government reported to the Bupati/Walikota with copy was delivered to the Governor. (2) all data and information on the results of the activities of inventory, conservation and utilization of ground water was delivered to the district/city Governments. (3) the Bupati/Walikota sends data as referred to in paragraph (2) to the Governor. (4) the Governor sent a recapitulation of data as referred to in paragraph (3) to the Minister are: groundwater. (5) All data and information referred to in subsection (2), subsection (3), and subsection (4) is managed by the Bupati/Walikota and Governor as the basis for the management of ground water in its territory.


15. CHAPTER VI TECHNICAL RECOMMENDATIONS of article 14 (1) exploration and exploitation Activities include drilling, excavation, soil water retrieval and penurapan can only be carried out after obtaining permission and/or extension of a permit of the Bupati/Walikota. (2) the right to use water from the groundwater utilization obtained without permission in order to fulfill the daily needs for individuals and agricultural people. (3) Permission and/or extension of a permit referred to in subsection (1) consists of: a. exploration drilling permits ground water; b. drilling permits the exploitation of ground water; c. permission penurapan springs; d. permit the taking of groundwater; e. permit retrieval of water springs; and f. concession permit groundwater. (4) in order to get permission and/or extension of a permit referred to in subsection (1) the applicant is obliged to submit an application in writing to the Bupati/Walikota. (5) a permit and/or extension of a permit referred to in subsection (3) is given by the Bupati/Walikota after getting a technical recommendation. (6) Technical Recommendations given by the Minister or Governor after obtaining the authority to pelimpahan CAT cross the province, when the PAINT cross-section of Kabupaten/Kota is given by the Governor. (7) technical Recommendations retrieval and utilization of ground water include: a. a technical recommendation drilling exploration of ground water and/or extension; b. recommendations drilling technical exploitation of ground water; c. technical recommendations penurapan springs; d. technical recommendations taking ground water and/or extension; and e. a technical recommendation uptake of water springs and/or extension. (8) the Format of letter of recommendation as referred to in paragraph (6) as listed in annex I up to the annex IX as an integral part of the regulation of this area.

16 (9) technical recommendations application Requirements as referred to in paragraph (5) mandatory informed and attached at the very least include: a. the name of the legal entity that performs the business of underground water; b. the names of legal entities implementing drilling underground water; c. permit drilling (SIP); d. use of water licences (SIPA); e. permit usage of water (SIPMA); f. permit groundwater drilling company (SIPPAT); g. designation of discharge and underground water; h. drilling depth; i. drilling position coordinate point; j. report of the results of the study hydrogeological investigations at least geolistrik for groundwater drilling locations on the area; and k. document UKL-UPL or AMDAL (10) the requirements referred to in subsection (8) is adapted to each type of its technical recommendations. (11) the Governor issued a technical recommendation or an explanation to the Bupati/Walikota, when technical recommendations cannot be given, no later than within 30 (thirty) working days since the receipt of the complete technical recommendations application as referred to in paragraph (5) of the Bupati/Walikota. (12) for these types of wells and dig the well bore with debit retrieval at most 100 m3 per month and use of ground water from the well bore diameter less than 2 '' (two-inch) or less than 5 cm for the purposes of drinking water and household technical recommendations not required unless that is commercial. (13) implementation of drilling in order to ground water exploration and exploitation can only be executed by: a. Government agencies who have the basic tasks and functions in the field of groundwater; and b. groundwater drilling company that has possess permits. (14) the drilling Activities are carried out by the company as referred to in paragraph (12) letter b, mandatory rules comply with the requirements of the legislation in force. (3) Permission penurapan the springs implemented after a study of hydrogeological which States do not interfere with the appearance of the spring and the environment as well as penetrate the interests of the surrounding community. (16) the technical recommendation letter Format referred to in subsection (8) as listed in annex X annex XVI as up to the part that is inseparable from the Rule of this area.

17 Article 15 Every holder of a permit or concession of groundwater discharging groundwater compulsory: a. reporting the results of activities implementation of drilling exploration and exploitation of groundwater and spring water penurapan in writing to the Bupati/Walikota with copy to the Governor; b. reporting the results of activities the taking of groundwater and wells a recording monitor in writing every month to the Mayor/Buapti with copy to the Governor; c. participate in providing groundwater monitor wells; d. install the water meter or measuring device to discharge at any point taking ground water prepared by the Government in accordance with the district/city; e. pay tax retrieval and utilization of groundwater in accordance with the rates set by the district/city; f. report on implementation of UKL-UPL or AMDAL; g. creating a well resapan; h. provide water to at least 10% (ten percent) of debit usage limitations or concessions of land set out in the permit for the fulfillment of daily staples of the local community; and i. the obligations have not been laid down in the regulation of this area is further regulated by the Bupati/Walikota. Article 16 obligation of tax payment retrieval and utilization of ground water as stipulated in article 3, letter e applies only to the point of taking of groundwater that has possess permits. CHAPTER VII MONITORING and CONTROL article 17 (1) Supervision and control of soil water management aims to ensure conformity with these regulations and in order to achieve the purpose of the management of ground water; (2) the Governor to conduct surveillance and control of ground water management conducted by the Bupati/Walikota; (3) Supervision and control of the activities of the management of ground water was implemented by the Department together with County Government/city as well as the community.

18 (4) monitoring and control as referred to in paragraph (1), include the following: a. location retrieval point of ground water; b. technical construction and test pumping of the well bore; c. restrictions on the taking of groundwater discharge; d. the technical setup and installation of the measuring instrument the pumping discharge; e. logging volume uptake of groundwater; f. technical penurapan springs; g. hydrogeological studies; and h. the implementation of UKL-UPL or AMDAL. (5) water use of soil checked by people who supposedly beyond the limits of the provisions permitted by installing temporary water meters or gauges water discharge; (6) the public can report to the Department, if finding violations of the taking of groundwater as well as feel the negative impact as a result of the taking of groundwater. Article 18 (1) any point or location retrieval of ground water that has got the permission should be equipped with water meters or gauges measure water discharge is already calibrated by technical agencies or authorities. (2) monitoring and control installation and sealing of meters of water or water discharge measuring instruments is performed by the giver of the consent. (3) the holder of the permit is obliged to keep and be responsible for the damage meter in water. Article 19 (1) in certain areas for the purposes of the control of ground water, the provincial government and/or district/city Governments to make the well monitor and resapan wells. (2) the determination of the location of the network and monitor wells and construction of the well resapan in the PAINT cross-section of kabupaten/kota is done by coordinating with related service district/city. Article 20 (1) to plan the taking of groundwater by discharge of less than 50 (fifty) litres/second on a compulsory production of documents furnished well UKL-UPL. (2) to plan the taking of groundwater discharge with 50 (fifty) litres/second or more, from some production wells on 1 (one) in the area of the aquifer system of retrieval of ground water is less than 10 (ten) hectares for compulsory equipped document AMDAL.

19 (3) to plan the taking of groundwater discharge with 50 (fifty) litres/second or more, from a single, mandatory production wells are equipped with document AMDAL. (4) the results of the implementation of UKL-UPL or AMDAL obligatory reported to the Bupati/Walikota with copy Governor according the documents. CHAPTER VIII INFRINGEMENT of article 21 per permit holder expressed violation if: a. disconnect, remove and move the water meter or gauge water debit and or damage the seals on the water meter or tera gauge discharge water; b. take the ground water from the pipes before the water meter or gauge water discharge; c. taking ground water discharge exceeds the specified in the permit; d. hiding the retrieval point or location of the taking of groundwater; e. move the location of the point of capture or taking of groundwater locations; f. move the drilling point layout plan and/or layout of the penurapan point or location of the taking of groundwater; g. changed constructs the well bore or penurapan springs; h. do not pay tax on the uptake and utilization of ground water; i. do not report retrieval and utilization of ground water or report does not correspond to reality; j. did not report a recording monitor wells; k. does not report the implementation of UKL-UPL or AMDAL; and b. not implementing the conditions set forth in the permit. CHAPTER IX INVESTIGATION section 22 (1) in addition to the investigating POLICE Officer in charge of a criminal offence, proceedings of menyidik over the crime, Investigators can be done by civil servants. (2) in conducting the investigation, the investigating duty civil servant referred to in subsection (1), is authorized to: a. receive reports from someone about the existence of a criminal offence; b. action at the time was first on the scene and conducting an examination; c. sent to stop a suspect and examining the self identifier suspects; d. perform the seizure of objects and or letters;


20 e. taking fingerprints and a photograph of a person; f. calling the person to be heard and examined as a suspect or a witness; g. bring the necessary expert people in connection with the proceeding; h. termination of investigation held after receiving instructions from the NATIONAL POLICE Investigators that there was no sufficient evidence or such events does not constitute a criminal offence and thereafter notify the matter to the public prosecutor, the suspect or his family; and i. held another action according to the law which can be accounted for. (3) civil servant Investigators as intended in paragraph (2) notify the commencement of investigation to the Police Department and submit the results of the investigation to the public prosecutor in accordance with the provisions of the book of the law of criminal procedure. CHAPTER X CRIMINAL PROVISIONS of article 23 (1) any person who commits the offence referred to in Article 14 paragraph (1) is liable for criminal confinement of not longer than 6 (six) months and/or a maximum fine of Rp RP 100,000,000 (one hundred million rupiah). (2) every person who commits the offence referred to in Article 21 is liable for criminal confinement of not longer than three (3) months and/or a maximum fine of Rp RP 50,000,000 (fifty million rupiah) (3) the fines referred to in subsection (1) and paragraph (2), deposited the cash into the region. CHAPTER XI TRANSITIONAL PROVISIONS Article 24 (1) with the entry into force of the regulation of this area, then the permissions that have been published prior to the establishment of the regulation of this area, still remain valid up to the expiry of the permit in question. (2) the use of ground water which does not yet have permission before the establishment of the regulation of this area, keep taking care of permits at the latest 1 (one) year.

21. CHAPTER XII CLOSING PROVISIONS Article 25 things that have not or have not been sufficiently regulated in the regulation of this area, all about technical implementation will be further regulated by a Governor. Article 26 of the regulation of this area comes into force on the date of promulgation. So that everyone can know it, ordered the enactment of regulations in this Area with its placement in the piece of the regional province of Central Kalimantan. Set in Palangka Raya on February 15, 2012 GOVERNOR of Central KALIMANTAN, ttd AGUSTIN TERRACE NARANG Enacted in Palangka Raya on 20 February 2012 SECRETARY PROVINCE of CENTRAL KALIMANTAN, ttd SIUN SHEET CENTRAL KALIMANTAN PROVINCES in 2012 No. 1 Copy in accordance with the original HEAD of the LAW FIRM SETDA PROVINCE of CENTRAL KALIMANTAN, HAMZAH AMIR k. HADI EXPLANATION for the PROVINCE of CENTRAL KALIMANTAN AREA RULE number 1 in 2012 on MANAGING GROUNDWATER i. U M U M a. Background Water the land is the gift of God Almighty that is essential for human life. Therefore be our common obligation to utilize the natural resources wisely for the most of people's prosperity, as mandated by the 1945 Constitution Article 33 paragraph (3). Retrieval of ground water in order to meet the needs of drinking water, households as well as development increases in line with the increasing rate of population growth and development activities. This could potentially give rise to various problems that can harm if not done managing wisely. Ground water is stored in a layer of soil water pengandung and become part of the components of the hydrological cycle. Technically ground water including natural resources that can be updated however it take very long time. Retrieval of ground water that go beyond the capabilities of pengimbuhannya have resulted in some critical ground water areas occur primarily in ground water. Even in some areas has found symptoms of deterioration of the environment, among others, the decline in the face of a decline in ground water and soil surface and sea water intrusion in coastal areas. If the condition were not immediately overcome the incidence of other losses allows very larger, for example, water shortages, industrial activity has been stopped suddenly, damage to buildings and widespread flood area. B. Management 1. Basic management of ground water was found on a layer of soil and rocks on the groundwater basin. Ground water basin covering areas where the incidence of hidrogeologis takes place. Based on the breadth of coverage, then limit the groundwater basin is not always the same as the administrative boundaries, even at one groundwater basin may include more than one area of the administration of the district/city, then management of ground water in the basin should be done on one integrated IE includes the area of the pengimbuhan stream, and retrieval. Therefore the arrangements implemented by the provincial government district/city Governments together in order to materialize the policies intact and integrated in a single basin groundwater.

2 2. The activity of management of water management activities in principle of land divided into activities inventory, conservation, and utilization of ground water. The inventory is intended to find out the condition of soil water potential on each basin groundwater and to know the conditions of the soil water retrieval across the basin. Conservation aims to do a whole order of protection against hydrological and ground water monitoring activities advance groundwater as well as recovery towards the basin already declared prone or critical. Planning utilization aiming to carry out planning towards the taking of groundwater, land use in the area of resapan, the stream and the uptake. Monitoring and controlling aim to supervise and control against soil water retrieval, either from the technical aspect as well as the quality and quantity. 3. Licensing Licensing the taking of groundwater is one of the governing instrument in the management of ground water. Granting permissions on the taking of groundwater released by Regent/Mayor. In order for the implementation of integrated management in a groundwater basin that covers more than one region district/city, then need to set the same policy. In terms of water-taking permits granted by the Bupati/Walikota after considering the technical recommendations of the provincial government. In accordance with its functions, then permits the taking of groundwater is the basis of the establishment of tax taking of groundwater. 4. Implementation the implementation of water management activities implemented coordinated land between provincial governments and district/city Governments. All concerning things that are technically provincial Governments providing support and facilities as a base implementation of administrative management by district/city Governments. Reorganisation of this Area is the Regulation in order to exercise the authority in the field of mining and energy as mandated in the Act No. 32 of 2004 and the Government Regulation Number 38 in 2007. II. For the SAKE of ARTICLE ARTICLE article 1 is pretty clear. Article 2 is quite clear. Article 3 is quite clear.

3 article 4 is quite clear. Article 5 paragraph (1) letter a is quite clear. Letter b Basin groundwater cross-County/City refers to the technical conditions established by the Minister of energy and Mineral resources. The letter c is quite clear. The letter d is quite clear. The letter e is quite clear. The letter f is quite clear. The letter g is quite clear. The letter h is quite clear. The letter i is quite clear. The letter j is quite clear. The letter k is quite clear. The letter l is quite clear. The letter m is quite clear. The letter n is quite clear. The letter o is quite clear. The letter p is quite clear. Subsection (2) is quite clear. Paragraph (3) is quite clear.

4 Article 6 paragraph (1) an inventory of Activities carried out by the province poured in a map with a scale of 1:100,000. In case of Kabupaten/Kota are not or have not been able to organise the activities of inventory, then Governor of the implementing activities an inventory with the larger scale of 1:100,000. Subsection (2) is quite clear. Paragraph (3) is quite clear. Subsection (4) is quite clear. Subsection (5) is quite clear. Subsection (6) is quite clear. Article 7 is quite clear. Article 8 paragraph (1) is quite clear. Subsection (2) is quite clear. Paragraph (3) is quite clear. Subsection (4) is quite clear. Subsection (5) is quite clear. Subsection (6) is quite clear. Paragraph (7) the definition of "faulty power control ground water" is water damaged power control on ground water basin as stipulated in article 58 Act No. 7 of 2004 about water resources.

5 the definition of "saltwater intrusion" (salt water encroachment) is the intrusion of salt water (salt water), either in the form of salty ground water (saline groundwater) or sea water against fresh groundwater in an aquifer system. Decrease advance groundwater hydrogeology condition cause an imbalance, in case of continuous can result in the occurrence of salt water intrusion and/or amblesan the ground. Article 9 is quite clear. Article 10 is quite clear. Article 11 is quite clear. Article 12 is quite clear. Chapter 13 is quite clear. Article 14 paragraph (1) is quite clear. Subsection (2) is quite clear. Paragraph (3) is quite clear. Subsection (4) is quite clear. Paragraph (5) sufficiently clear paragraph (6) technical Recommendations serve as controller and business use of ground water. Paragraph (7) is quite clear. Subsection (8), the letter a is quite clear. The letter b is quite clear. The letter c is quite clear.


6 the letter d is quite clear. The letter e is quite clear. The letter f is quite clear. The letter g is quite clear. The letter h is quite clear. The letter i is quite clear. J geolistrik Investigation intended to get an idea of the layers of the soil below the surface and the possibility there is water at a certain depth. The letter k is quite clear. Subsection (9) is quite clear. Paragraph (10) is quite clear. Subsection (11) is quite clear. Paragraph (12) of the letter a is quite clear. The letter b is the groundwater drilling company that has had permission i.e. companies that already have a Business Permit Groundwater drilling construction services provided by Regent/Mayor in accordance with the place of domicile, which is valid on the whole territory of the Republic of Indonesia. Subsection (13) is quite clear. Subsection (14) is quite clear. Subsection (15) is quite clear.

15 Article 7 letter a. Quite clearly the letter b. Is quite clear. The letter c. The definition of "participate" among other things, the obligations of the holder of the permit gives place to the creation of the well monitor on site championship. The letter d. Pretty self-explanatory letter e. Is quite clear. Letter f. Is quite clear. The letter g. Is quite clear. The letter h. Is quite clear. The letter i. Is quite clear. Article 16 is quite clear. Article 17 is clear enough. Article 18 paragraph (1) the installation of a water meter or measuring device of discharge water must comply with the technical specifications as follows: a. have a recording accuracy above 95%; b. use a recording system digitasi of at least 6 (six) digit; c. have staying power against turbulence; d. have the staying power to pressure up to 20 bar either insert or housing. Paragraph (2) coordinate with County/City intended to guarantee the truth of the technical installation of water meters, so that the recording volume uptake of water as the basis for the determination of the tax retrieval and utilization of ground water level its accuracy can be accounted for. Paragraph (3) is quite clear.

8 article 19 paragraph (1) the definition of "certain areas" are areas that are necessary for the control of groundwater, such as areas that leverage its production wells and soil water retrieval great intensity, as well as the regional media pengimbuhannya already diminished. Paragraph (2) sufficiently clear article 20 paragraph (1) is quite clear. Paragraph (2) the definition of "aquifer system" is the unity of the composition of aquifers, including watertight layers of rock that was in it. Aquifers can be on condition is not depressed (unconfined) and/or depressed (confined). Paragraph (3) is quite clear. Subsection (4) is quite clear. Clause 21 is quite clear. Section 22 is quite clear. Article 23 is quite clear. Article 24 is quite clear. Article 25 Article 26 is pretty obvious is quite clear. ADDITIONAL SHEET CENTRAL KALIMANTAN PROVINCES NUMBER 43