Regulation Of The Minister Of Forestry Number P. 9/menhut-Ii/2009 Year 2009

Original Language Title: Peraturan Menteri Kehutanan Nomor P.9/Menhut- II/2009 Tahun 2009

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51d9eafb10b03d313233383335.html

BN 27-2009 Text copy _?.
Back NEWS REPUBLIC of INDONESIA No. 27, 2009 REGULATIONS the MINISTER of FORESTRY number: p. 9/MENHUT-II/2009 REGARDING CHANGES to the REGULATION of the MINISTER of FORESTRY NUMBER p. 35/MENHUT-II/2008 ABOUT the BUSINESS LICENSE for the PRIMARY FOREST PRODUCTS INDUSTRY with the GRACE of GOD ALMIGHTY the MINISTER of FORESTRY,.,, Considering: a. that in order to improve competitiveness and contribute to national and regional economic growth, employment, and poverty reduction , especially in anticipation of the impact of the crisis then it needs to be taken of measures ease in investing in sub sectors of the forestry;
.,, b. that in respect of the above mentioned things, viewed the need to make changes to the regulation of the Minister of forestry Number p. 35/Menhut-II/2008 about the business license for the primary forest products Industry with regulation of the Minister of forestry;
.,, Considering: 1. Act No. 5 of 1990 concerning conservation of natural resources, the ecosystem and Biodiversity of the State Gazette of the Republic of Indonesia (1990 Number 49; An additional Sheet of the Republic of Indonesia Number 3419);
., ,2. Act No. 41 of 1999 on Forestry (State Gazette of the Republic of Indonesia Number 167 in 1999, an additional Sheet country 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 country number 4412);
., ,3. 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 amended by Act No. 8 of 2005 about the determination of the Replacement Government Regulations Act No. 3 of 2005 about the change in the Law Number 32 of 2004 concerning Regional Government into law (Republic of Indonesia Sheet 2005 Number 108 Additional Sheets, the Republic of Indonesia Number 4548);
., ,4. 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);
., ,5. 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);
., ,6. Government Regulation Number 44 in 2004 about Forestry Planning (State Gazette of the Republic of Indonesia Number 146 in 2004, an additional Sheet of the Republic of Indonesia Number 4452);
., ,7. Government Regulation Number 45 in 2004 on the protection of Forests (State Gazette of the Republic of Indonesia Number 147 in 2004, an additional Sheet of the Republic of Indonesia Number 4453);
., ,8. Government Regulation number 6 in 2007 about the grammar of the forest and the preparation of forest management Plans as well as the utilization of the forest (State Gazette of the Republic of Indonesia number 22 in 2007, an additional Sheet of the Republic of Indonesia Number 4696) as amended by regulation of the Government No. 3 of 2008 (State Gazette of the Republic of Indonesia number 16 in 2008, an additional Sheet of the Republic of Indonesia Number 48140);
., ,9. Government Regulation Number 38 in 2007 About Government Affairs Divisions between the Government, local governance And local governance 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);
., .10. Presidential Decree of the Republic of Indonesia Number 187/M in 2004 on the establishment of a United Indonesia Cabinet, as it has several times the last modified by Presidential Decree Number 31/P in 2007;
., 11., President of Republic of Indonesia Regulation No. 9 of 2005 about the position, tasks, functions, Organization and the work of Ministries of the Republic of Indonesia, as it has several times changed the last presidential regulation Number 20 in 2008;
., 12. Presidential regulation of the Republic of Indonesia number 10 of 2005 about the Task and Organizational Unit Echelons I Ministries of the Republic of Indonesia as it has several times changed the last presidential regulation Number 50 in 2008;
., 13. Regulation of the Minister of forestry Number p. 13/Menhut-II/2005 concerning the organisation of work and the Forestry Department as it has several times changed the last P. 64/Menhut-II/2008;
.,, 14. Regulation of the Minister of forestry Number p. 35/Menhut-II/2008 about the business license for the primary forest products Industry;
DECIDED:.,, set: MINISTER of FORESTRY REGULATION REGARDING CHANGES to the REGULATION of the MINISTER of FORESTRY NUMBER p. 35/MENHUT-II/2008 ABOUT the BUSINESS LICENSE for the PRIMARY FOREST PRODUCTS INDUSTRY.
Article I some provisions in the regulations the Minister of forestry Number p. 35/Menhut-II/2008 about the business license for the primary forest products Industry, modified as follows:.,, 1. The provisions of article 1 the number 3 and number 4, and add one new figure figures 3a to read as follows: "article,., 1., 3. Round Wood is part of the tree is felled and cut into the trunk with a size of 50 centimeters upwards.
.,, 3a. Wood Round Are is part of the tree is felled and cut into the trunk with a size of 30 (thirty) centimeters up to 49 (forty-nine) centi meters.
., ,4. Small round wood (KBK) is a grouping consisting of wood of wood with a diameter of less than thirty (30) centimetres, cerucuk, pole jermal, powerboats, branches, firewood, and wood is round with a diameter of 30 (thirty) centi meters or more in the form of milestone or the wood is reduced because of disabilities/rotten part terrace/gerowong more than 40% (forty percent). "

2. The provisions of article 1 point 5, deleted.

3. The provisions of article 2 was changed, so that it reads as follows:.,, "article 2 (1) types of primary forest products timber industry (IPHHK) consisting of:.,, a. Sawmill Industry;

b. Industrial Wood Flakes (wood chip);

c. Industrial Vinir (veneer);

d. Industrial Plywood (Plywood); and/or e. Laminated Veneer Lumber.
.,, (2) Primary forest products Timber Industry (IPHHK) can be built with timber industry advanced by using the raw material Wood round, Round Wooden medium and small round or wood.
.,, (3) the primary industry of non timber forest products (IPHHBK) is the processing of raw materials rather than wood that is free of forest, covering among others, sago Palm, rattan, bamboo, bark, leaf, fruit or seeds, and SAP, as well as the results of the followup forest among others in the form of charcoal wood.
.,, (4) in the case of primary forest products industry is one of the wood more than one type of industry as referred to in paragraph (1), permission is granted in one Decision that lists the types of primary industry "., 4. Between article 3 paragraph (2) and paragraph (3) is inserted 1 (one) verse, namely subsection (2a), which reads as follows:.,, "Chapter 3.,, (2a) the requirement application of IUIPHHK, with a capacity of up to 2,000 (two thousand) cubic metres per year, not needed of the terms referred to in paragraph (2) letter b, letter e, letter f, letter and i."

5. The provisions of article 3 paragraph (2) letter h, removed.

6. The provisions of article 6 paragraph (2), to read as follows:.,, "Chapter 6.,, (2) the holder IUIPHHK, can do an expansion of production up to 30% (thirty percent) of the production capacity is allowed without permission of the expansion, with the increase of raw materials originating from the people's forests/plantations and comes from natural forests provided IUPHHK-HA has got the certificate of Production of sustainable Natural forest management and report to the Minister Cq Director General."

7. The provisions of article 7 paragraph (1) letter b, letter c, letter d, and deleted.

8. The provisions of article 9 paragraph (1) letter b, letter c, letter e, and deleted.

., ,9. Between article 9 and article 10 is inserted 1 (one) article, namely Article 9a which reads as follows:.,, "Article 9a Holder IUI can add industry types at the same location through the application for permit extension, filed: a. above 6,000 (six thousand) cubic meters per year to the Minister of forestry;

b. up to 6,000 (six thousand) cubic meters per year to the Governor;., c. up to 2,000 (two thousand) cubic meters per year to the Regent/Mayor, in terms of the authority granting the permissions assigned to the industry of Bupati/Walikota. ", .10. Between Article 15 and article 16 was inserted one (1) new article, namely Article 15a which reads as follows:.,, "article 15a Holder IUI can reduce the kind of industries at the same location through the application for approval of a decline in production capacity."

11. The provisions of article 7 is modified, so that it reads as follows:.,, "article 19 in order to improve competitiveness, may be granted permission for the primary industry in the area of employment IUPHHK."

12. The provisions of article 20 subsection (1) amended to read as follows: "article 20,,.,, (1) in order to improve competitiveness, may be granted a permit illegal waste processing in the production forest area:.,, a. in the area of employment IUPHHK-HT;.,, b. in a work area IUPHHK-HA which has a certificate of PHAPL categorized is not bad;
.,, c. in terms of new-HA IUPHHK published and not yet rated performance for certified PHPL, may be the longest trial of 2 years and can be extended after votes by Minister of forestry in particular the Director-General of Forestry Production Community. "

13. The provisions of article 9, to read as follows: "article,., 21.,, 1. The holder of the permit may be granted IUPHHK trial processing as referred to in article 8 paragraph (2) using the moving wood processing machine (portable) or not moving (non-portable) in the area of work.

., ,2. Portable machine types referred to in subsection (1) is a Portable band saw or portable circular saw and/or Portable rotary peeler or portable slicer and/or portable chipper. "

14. The provision of article 22 is modified, so that it reads as follows:.,, "article 22 the holder can apply for permission IUPHHK trials using the processing machines portable as stipulated in article 9 paragraph (2) with the following requirements:.,, a. Holder IUPHHK has had Business work plan the utilization of forest products Timber (RKUPHHK);
.,, b. IUPHHK Holder has had an annual work plan (CTR) last one year and/or the current year. "

15. The provision of article 23, to read as follows: "article,., 23.,, (1) the application for the permit test processing as referred to in article 8 paragraph (2), presented to the Director General with a copy to the Director, head of Department, head of the Provincial Office of Kabupaten/Kota.
., Pemohonan, (2) permits a test of processing as referred to in paragraph (1) with the enclosed:.,, a. Document AMDAL IUPHHK-HA/IUPHHK-HT;

b. proposals and feasibility of sewage treatment illegal investment plans;

c. the company statute and changes as well as NPWP.
.,, (3) in terms of the comprehensiveness requirement application referred to in subsection (2) is not met, the Director-General to publish the letter of refusal of application for permit processing trials no later than thirty (30) working days since the application was received.
.,, (4) in terms of the comprehensiveness requirement application referred to in subsection (2) are met, the Director-General issued the permit processing trials no later than thirty (30) working days since the application was received.
.,, (5) based on the permit test processing as referred to in paragraph (4), the holder of the permit is obliged to conduct trials in accordance with the processing and deadlines that have been set out in the permit test, as well as deliver a progress report on the realization of activity processing trials each month to the Director General with a copy to the Director, head of Department, head of the Provincial Office of Kabupaten/Kota, and head of the Hall.
.,, (6) the Director commissioned the head of the Hall to carry out inspection of field trial activities processing of social aspects, economy and the environment, the results of which poured in the news of the proceedings (BAP) and submitted to the Director-General.
.,, (7) in terms of examination results of the field trial activities of processing gives the impact of social, economic and environment worse, Director General of the revoke permission processing trials after being given a warning as many as three (3) times with an interval of thirty (30) working days.
.,, (8) pemeriksaaan Criteria referred to in paragraph (7) established by the Director General. "

16. The provisions of article 24 was changed, so that it reads as follows:.,, "article 24 validity period Approval Permits Testing referred to in Section 23 subsection (4) is the longest one (1) year after installation of the appliance on the ground and can not be extended."

17. The provisions of article 25, to read as follows:.,, "article 25 application for business license Permit Holders for industry Trials Illegal waste processing as referred to in section 23 subsection (4) is submitted to the Minister no later than four (4) months before the permit expired trial."
., 18. Add a new paragraph in Article 38 that is paragraph (5), which reads as follows:.,, "article 38.,, (5) eligibility as referred to in paragraph (3) and subsection (4) may be published and delivered after the publication of this regulation."

19. The provision of article 39, removed.

Article II Regulations the Minister of forestry began to apply from the date set.

So everyone knows, this Minister of forestry Regulation enacted by its placement in the news of the Republic of Indonesia.

.,, Set in Jakarta on February 9, 2009 the MINISTER of FORESTRY, h. M.S. KABAN Enacted in Jakarta on 23 February 2009 the MINISTER OF JUSTICE and HUMAN RIGHTS of REPUBLIC of INDONESIA, ANDI MATTALATTA