STATE NEWS
REPUBLIC OF INDONESIA
ORDINANCE MINISTER OF THE REPUBLIC OF INDONESIA
NUMBER: P. 36/MENHUT-II/2009
ABOUT
ORDER THE PERMISSIONS OF THE ABSORPTION UTILIZATION EFFORT
DAN/OR CARBON STORAGE
ON THE PRODUCTION FOREST AND THE PROTECTED FOREST
WITH THE GRACE OF THE ALMIGHTY GOD
MINISTER OF FORESTRY REPUBLIC OF INDONESIA,
.,, weighed: a. that under
Article 33 paragraph (1) of Government Regulation No. 6 of the Year 2007 jo. Government Regulation No. 3 of 2008 on the Forest and Drafting Of Forest Management Plans, as well as Forest utilization, it is stated that one of the forms of the use of environmental services in the production forests and protected forests is absorption and/or Carbon storage;
., b. that under
Article 19 of the letter b in Government Regulation No. 6 of 2007 jo. Government Regulation No. 3 of 2008, the utilization of environmental services in the production forests and protected forests is provided in the form of Environmental Services (IUPJL) Environmental Services Permit;
., c., that with respect to items a, and b, need to be specified Perizinan Business Absorption Utilization and/or Carbon Storage In the Production Forest and the Lindung Forest with the Ordinance of the Minister of Forestry;
.,, Given: 1. Law No. 5 Year 1990 on the Conservation of Natural Resources Hayati and Ekosystem (Sheet State Of The Republic Of Indonesia 1990 Number 49, Additional Sheet Of State Republic Of Indonesia Number 3419);
., 2. Law No. 23 of 1997 on the Environmental Management of the Environment (Indonesian Republic of Indonesia Year 2007 Number 68; Additional Gazette of the Republic of Indonesia Number 3699);
., 3. Law No. 41 of 1999 on Forestry (sheet of state of the Republic of Indonesia in 1999 number 167, additional state sheet number 3888) as amended by Law No. 19 of 2004 on Government Regulation Penetration Successor Act No. 1 of 2004 on Changes to Law No. 41 of 1999 on Forestry Act (Sheet State Republic Of Indonesia In 2004 Number 86, Additional Leaf Country Number 4412);
., 4. Law No. 17 Year 2004 on the Occupation of Kyoto Protocol to The United Nations Framework Convention On Climate Change (the Kyoto Protocol to the United Nations Framework Convention on Climate Change) (State Sheet) Republic of Indonesia 2004 Number 72, Additional Gazette of the Republic of Indonesia Number 4403);
. .5. Law No. 32 of the Year 2004 on Local Government (Indonesian Republic Year 2004 Number 125, Additional Gazette Republic of Indonesia Number 4437) as amended last several times with Act No. 12 2008 On The Second Change Of The Law Number 32 Year 2004 On Local Government (sheet Of State Of The Republic Of Indonesia 2008 Number 59, Additional Gazette Of The Republic Of Indonesia Number 4844);
., 6. Government Regulation Number 27 Years 1999 On Analysis Regarding The Environmental Impact (State Sheet Of The Republic Of Indonesia Year 1999 Number 59, Additional Sheet Of State Of Indonesia Number 3838);
., 7. Government Regulation No. 6 of 2007 on the Forest and Drafting Of Forest Management Plan, as well as Forest utilization (State Gazette of 2007 No. 22, Additional Gazette of the Republic of Indonesia Number 4696) as of has been amended by Government Regulation No. 3 of 2008 (State Gazette of the Republic of Indonesia 2008 No. 16, Additional Gazette of the Republic of Indonesia No. 4814);
., 8. Government Regulation No. 38 of 2007 on the Division of Government Affairs between Government, Provincial Government, and District/City Government (State Gazette of 2007 Indonesia Number 82, Extra State Sheet) Republic of Indonesia No. 4737);
., 9. Presidential Decree No. 187 /M of 2004 as amended several times with Presidential Decree No. 31 /P of 2007;
., 10. Policy of the President of the Republic of Indonesia No. 9 Year 2005 on Occupation, Duty, Functions, Organizations, and the Ministry of State of the Ministry of the Republic of Indonesia as amended last with the Number 20 Year 2008;
., 11. The Presidential Decree No. 10 of 2005 on the Unit of Organization and Duty of Eselon I Ministry of State of the Republic of Indonesia as it has been several times amended last with the No. 50 Year 2008;
., 12. Rules of Minister for Forestry Number P. 13/Menhut-II/2005 on the Structure of the Organization and Workforce Department of Forestry, as it has been several times amended with the Number P. 64/Menhut-II/2008;
DECIDED:
.,, Setting: REGULATION OF THE MINISTER FOR FORESTRY ON THE MANNER OF LICENSING THE USE OF ABSORPTION AND/OR CARBON STORAGE IN THE PRODUCTION FORESTS AND PROTECTED FORESTS.
BAB I
UMUM PROVISIONS
Section 1
In this Forest Minister Regulation referred to by:
., 1. The use of environmental services in the production forest (IUPJL-HP) is the permit given to the use of environmental services in the production forests that have been unburdened or unburdened with the permission.
., 2. The Forest of Natural Forest (IUPHHK-HA), formerly known as Forest Service (HPH), is the permission to utilize the production forest, which is composed of logging, transporting, planting, maintenance, and the use of the forest for the purpose of the forest. The security, processing and marketing of wood forest results.
., 3. Use of Plant Forest Products (IUPHHK-HT) is an undertaking within the production forest area, whether pure or mixed plants, in order to produce the main product of wood, whose activities consist of a land preparation, Nursery, planting, maintenance, security, harvesting or logging, processing and marketing.
., 4. IUPHHK The restoration of ecosystems in natural forests (IUPHHK-RE) is a business permit given to build an area within the natural forest of a production forest that has an important ecosystem so that it can be preserved and its representation through activities. the maintenance, protection and recovery of forest ecosystems including planting, enrichment, prisons, wildlife captivity, pasting of flora and fauna to restore biological elements (flora and fauna) as well as non-biological elements (soil, climate and topography) In an area of the original kind, the balance is reached. Bio and ecosystem;
. .5. In the forest of the forest, the use of wood forest in the forest forest is the permit given to make use of wood wood in a plant forest in the production forest built by the individual or in the forest. The cooperative to enhance the potential and quality of the production forests by applying silvicultures in order to ensure the preservation of forest resources.
., 6. The Minister is a Minister for duty and responsibility in the field of forestry.
., 7. The Director General is the Director General of the Board of Directors and responsibility in the field of Forests Production Bina.
., 8. The Provincial Service is the Service that is the duty and responsibility of the forestry in the province.
., 9. County/City Services are the Services that are the duty and responsibility in the field o f report as referred to in paragraph (5), the Governor ordered the Kepaka Provincial Service to prepare the Areal Map of Work and the concept of Decision concerning the granting of IUP RAP-CARBON and/or IUP PAN-CARBONS.
.,, (7) Based on the Areal Map of Work and the IUP RAP-CARBON decision concept and/or IUP PAN-CARBON as referred to in paragraph (6), the Governor whose implementation is performed by the Chief of the Provincial Service issuing the Payment Order Letter (SPP) of IUP RAP-CARBON and/or IUP PAN-CARBON based on the rates specified in the Regulation of Ministers, to the applicant.
.,, (8) After SPP-IUP RAP-CARBON and/or IUP PAN-CARBON is repaid, the Governor publishes a Decision on the granting of IUP RAP-CARBON and/or IUP PAN-CARBON to the applicant.
The Fifth Part
The granting of permission by the Minister
Section 11
.,, (1) the Director General conducts an examination of the completeness of the requirements as referred to in Article 7 of the paragraph (2) within 10 (ten) business days of the receipt.
.,, (2) In terms of the application of not fulfilling the completeness of the administrative requirements as referred to in Article 7 of the paragraph (2), the Director General on behalf of the Minister published a rejection letter.
.,, (3) In terms of a plea fulfilling the completeness of the requirements as referred to in paragraph (1) and areal pleas IUP RAP-CARBON and/or IUP PAN-CARBON are outside the arealts for permission, the Director General forms the Proposal Assessing Team that Its members consist of elements of the Directorate General of Bina Production Forestry, Directorate General of Forest Protection and Conservation of Nature, Directorate General of Forestry Planology and the Technical Managing Unit of the Department of Forestry in the local province, as well as the associated Service elements in the local Province to assess the technical proposals in time 12 (twelve) business days.
.,, (4) The Proposals Assessment Team as referred to in paragraph (3) does not need to be reconstituted for any permission request.
.,, (5) In terms of the technical proposal assessment results as referred to in paragraph (3) are eligible, the Director General reports the results of the assessment to the Minister.
.,, (6) On the basis of the report of the Director General as referred to in paragraph (5), the Minister ordered:
., a., a. Director General of Planology Forestry prepares the Work Areal Map.
., b. The Director General prepares the concept of the decision on the granting of IUP RAP-CARBON and/or IUP PAN-CARBON.
.,, (7) Based on the Areal Map of Work and the IUP RAP-CARBON decision concept and/or IUP PAN-CARBON as referred to in verse (6), the Minister publishes the IUP RAP-CARBON and/or IUP PAN-CARBON.
.,, (8) Based on the Ministerial Decree as referred to in paragraph (7), the Director General publishes the SPP-IUP RAP-CARBON and/or IUP PAN-CARBON with tariffs in accordance with applicable laws.
.,, (9) The Director General cees the Minister ' s Decision as referred to in verse (7) after the obligations of the iuran IUP RAP-CARBON and/or IUP PAN-CARBON are paid off by the applicant.
.,, (10) In terms of the application of utilization and/or carbon storage in the area of the penitentiary forest, and village forest, the examination of the completeness of the requirements as referred to in Article 7 of the paragraph (2), the provisions of paragraph (1), paragraph (3), paragraph (5), and paragraph (6) letter b, paragraph 8 and paragraph 9 is exercised by the Director General of the Rehabilitation Lands and of the Social Forestry.
Section 12
In the event of the creation of a work areal map for the permission issued by the Regent/Mayor or Governor, the Head of the District/City Service or Provincial Service Head asks the technical assistance of the local Forest Area Antapan Hall.
Section 13
.,, (1) In terms of the permit holder not to pay off the forestry dues within 1 (one) year, the Regent/Mayor or the Governor or the Minister cancel the IUP RAP-CARBON and/or IUP PAN-CARBON GIVING DECISIONS.
.,, (2) IUP IUP RAP-CARBON and/or IUP PAN-CARBON PAYMENTS are tuned to the country's coffers through the Treasurer of the Receiver for State Reception Not Tax (PNBP) Forests.
BAB IV
PROJECT DEVELOPMENT AND CARBON MARKETING
Section 14
., (1) Production forest management (BUMN) or IUPHHK-HA holders, or IUPHHK-RE or IUPHHK-HTI can be Project Developers, for RAP and/or PAN CARBON ACTIVITIES.
., (2) In terms of production forest management or IUPHHK holders as referred to in paragraph (1) in collaboration with investors for Operational Cooperation as a Project Developer, and submitted to the Minister c.q. Director General for approval.
., (3) cooperation as referred to in paragraph (2), at least contains the rights and obligations between a production forest manager or a permit holder with an investor in concern of the sale and payment, maintenance and development of forest resources, local community empowerment, and project replication/replication in the surrounding area.
.,, (4) The results of Project Development activities as referred to in verse (1) are carbon commodities, can be marketed on the carbon market willingly willingly within the country or in international.
.,, (5) In terms of the domestic voluntary carbon market not yet formed, the Project Developers can market on the carbon market ' s willingly international willingly.
.,, (6) In terms of Project Development as referred to in paragraph (1) will be marketed in the international, the Project Developers based on the standards existing in the international market do:
., a., a. Build Project Design and be able to use consultant services.
., b. Submit assessments and verification using the existing independent assessor agency services.
.,, (7) In terms of drafting the project design or assessment and verification of DP/PD RAP CARBON or PAN-CARBON as referred to in paragraph (6) performed by international consultants or international independent assessors, then international consultants or Such international independent assessors must cooperate with the national consultants or independent assessor institutions that are within the country.
.,, (8) In drafting the project design as referred to in paragraph (6) letter a, the Project Developer may cooperate with the local government, BUMN/BUMD/BUMSwasta Nasional, the self-governing body of the domestic community.
.,, (9) The standards of project development and carbon marketing existing in the international market as referred to in paragraph (6) are in
Appendix II of this Regulation.
Section 15
.,, (1) Based on the verification results as referred to in Section 14 of the paragraph (7), the Project Developers are replicated to the National n of UPT in the local province and the related Service in the local Province to assess technical proposals within 12 (twelve) working days.
.,, (4) The Proposasl Assessor Team as referred to in paragraph (3) does not need to be formed repeatedly for any permission request.
.,, (5) In terms of the technical proposal assessment results as referred to in paragraph (3) are eligible, the Head of the Provincial Service reports the results of the assessment to the Governor.
.,, (6) On the basis of the Provincial Office chie Registration Agency or existing in the international PKS (VCM) to obtain a Verified Emission Reduction certificate (VER).
.,, (2) In terms of the National Registration Board not yet formed, the registration as referred to in paragraph (1) is delivered to the Director General.
., (3) The Certificate of VER as referred to in paragraph (1) may be sold directly between the Project Developer with the buyer or through the existing market of carbon exchanges within the country or international market under the Minister's approval.
.,, (4) Carbon sales results as defined in paragraph (1) of the carbon credits obtained by the RAP-CARBON and/or Pan-Carbon Project developers may be transferred or be consated to the third party on the Minister ' s approval.
Section 16
Project RAP-CARBON and/or PAN-CARBON which has obtained a VER certificate, its credits and storage must be real/has been permanent, registered and verified by the National independent agency or the one in the National Willingly Carbon Market or International.
Section 17
.,, (1) The selling value of Environmental Services (NJ2L) RAP-CARBON and/or PAN-CARBON is the revenue from carbon credit sales that has been certified and paid based on ERPA (Emission Reduction Purchase Agrement).
(2) The distribution of NJ2L is as in
Appendix III of this Regulation.
.,, (3) The funds received by the government as referred to in paragraph (2) constitute the PNBP of Forestry.
.,, (4) The Funds for the local community as referred to in paragraph (2) are managed through the Trust Fund which is managed by the principles of good governance (governance) by the local community alongside the village government and project development Facilitated by the local Forestry Bribe for the forest area of the RAP-CARBON and/or PAN-CARBON DEVELOPMENT PROJECT FOREST in order to prevent the (leakeage) leak.
.,, (5) Project developers can insure the RAP-CARBON and/or PAN-CARBON projects on insurance institutions exist in the National Market or International market.
Section 18
In terms of REDD or
Compliant Market in effect in December of 2012, then:
., a., a. The VER certificate for PAN-CARBON must be validated following the recognized compliant mechanism procedure and included in carbon baseline National REDD as well as registration at the National Registration Board.
B. The pan-carbon buy-buy deal is renegotiated back.
Section 19
.,, (1) The term of the RAP-CARBON and/or pan-Carbon Project at most 25 (twenty-five) years and may be extended by the Minister or not beyond the term of the business permit.
.,, (2) In terms of IUP RAP-CARBON and/or IUP PAN-CARBON expires, the extension of IUP RAP-CARBON and/or IUP PAN-CARBON may be submitted to the IUP RAP-CARBON and/or IUP PAN-CARBON PERMITS.
.,, (3) The order of the application of the RAP-CARBON and/or PAN CARBON PROJECT as referred to in paragraph (1) and paragraph (2) is governed in its own Regulation of the Minister.
BAB V
FINANCING AND PAYMENT
Section 20
The sources of financing for the execution of RAP-CARBON and/or PAN-CARBON activities can be obtained from:
a. the funds themselves.
., b. Corporate Social Responsibility (CSR) that exists in the country and abroad.
.,, c. foreign grant funds (donors) in both bilateral and multilateral frameworks.
BAB VI
LAIN PROVISIONS
Section 21
Production Forest Management, Protected Forest Management, Forest Area With Special Purpose in forest production and/or forest protected forest, People's Forest, Correctional Forest (HKm), Forest of the Adat Law Society, and Village Forest can carrying out the RAP-CARBON and/or PAN-CARBON UTILIZATION EFFORTS in accordance with this Regulation.
BAB VII
CLOSING PROVISIONS
Section 22
The Forest Minister ' s regulation starts to apply to the date of the promulctest.
In order for everyone to know, the Ordinance of the Minister of Forestry is promulred by its placement in the News of the Republic of Indonesia.
.,, Set in Jakarta
On 22 May 2009
FORESTRY MINISTER
REPUBLIC OF INDONESIA,
H. M.S. KABAN
Promulgated in Jakarta
On May 29, 2009
MINISTER OF LAW AND HAM
REPUBLIC OF INDONESIA,
ANDI MATTALATTA
