REGULATION ON

ENVIRONMENTAL
PROTECTION IN MINERAL
AND COAL MINING
By :
Directorate of Mineral and Coal Technique
Directorate General of Geology and Mineral
Resources

BASIC REGULATIONS
LAW No. 11 Year 1967
LAW No. 23 Year 1997
GOV REG No. 32 Year 1969
GOV REG No. 75 Year 2001
Ministry of EMR No. 1211.K/1995
DG Decree No. 336.K/271/DDJP/1996
Regulations on effluent standard and
waste quality

History of regulation

REGULATION BEFORE ENV LAW

1982
LAW 11 year1967 about Mining
GOV REG No 32 year 1969 about implementation of LAW
11 Year 1967
Ministry Decree 04 Year 1977 about Prevention &
Mitigation of Impact from Mining
DG Decree 07/1978 about Mitigation of Surface Mining
Impact
DG Decree 08/1978 about Mitigation of Dredging Impact
DG Decree 07/1978 about Mitigation of Processing Impact

History of regulation

REGULATIONS AFTER ENV LAW 1982

LAW 11 year1967 about Mining

GOV REG No 32 year 1969 about
implementation of LAW 11 Year 1967
LAW 23 year 1997 about Environmental Management
GOV REG 27 year 1999 about EIA (AMDAL)
MME Decree 2555.K Year 1993 about Mine Inspector
MME Decree 103.K Year 1993 about Inspection on Env
Manage and Mon. in Mining
MME Decree 1211.K Year 1995 about Prevention and
Mitigation of Env Disruption and Pollution in Mining
Reclamation Bond (DG Decree 336.K/1996)
Erosion Control (DG Decree 693.K/1996)
Report on implementation of env management and monitoring,
incident (DG Letter 1993)
Reclamation guidance (DG Letter1993)

Regulation

LAW No 11 Year 1967

about :
MINING CODE
Art 29 stated that MME conduct inspection on
activity that has impact to public interests.
Ps 30

After mining is ceased, company has to

reclaim the site to a safe condition for
surrounding community.

LAW NO. UU 23/1997

rgd Environmental Management
Article 9
(2) Environmental management is carried out comprehensively
by gov institution according to their authority,
community and other agent of development (icl. company), in
accordance with national environmental management policy.
(3) Enviornmental management should be carried out in
accordance with spatial planning, protection of natural
resources, man made structure, biodiversity and its
ecosystem, cultural conservation and climate change.
(4) National environmental management policy and
implementation is coordinated by Ministry (of Environment).

LAW NO. UU 23/1997

(continued)
Article 18
(1) Every business and/or activity which
causes significant impacts to the
environment should have Environmental
Impact Assessment (EIA/AMDAL) to get
operational permit.
Notification:
Operational permit such as operation/production permit in
COW or CCOW

LAW NO. 23/1997

(continued)
Article 22

Minister conducts monitoring/controlling

on compliance of CEO to the regulation
on environment.
Minister can appoint officer in charge to
conduct such monitoring/controlling as
stated above.
In case of authority is transferred to
regional government, Gov/Mayor
appoints officer in charge.

GOVERNMENT REGULATION No 27 Year 1999

regarding ENVIRONMETAL IMPACT ASSESSMENT
Every activity and or development obviously will causes impacts to the
environment.
To prevent negative impacts, need Environmental Impact Assessment
Planning is key aspect

Article 1 General rule

8. Authorized institution is institution which has

authority to issue operational permit (DEMR);
9. Responsible institution is institution which has
authority to issue environmental permit
(MENV);
10. Technical institution is institution which has
authority to gives technical supervision
(DEMR);

Article 2
(1) Environmental Impact Assessment is part of
Feasibility Study

Feasibility Study ( FS)

= feasible in Technical, Economic and Environmental
aspect

SECTION IV GUIDANCE
Article 28
(1) Responsible institution guides National and
Regional Evaluation Committee.
(2) Technical Institution conducts technical guidance
on environmental management and monitoring
implementation as part of operational
permit/license

SECTION V CONTROLLING
Pasal 32
(1)CEO has to submit report on implementation of
environmental management and monitoring
plan to technical institution with cc to
responsible institution and Governor/Mayor.

AMDAL

EXISTING
EXISTING CONDITION
CONDITION

Law
LawNo.
No.23
23Year
Year1997
1997jo
joGov.Reg.
Gov.Reg.No.
No.27/1999
27/1999&
&Law
Law No.
No.32/2004
32/2004
Pertambangan
Izin Pertambangan
Gubernur

Pasal 9
UU 23/97

Pasal 15
UU 23/97

Izin Pertambangan
Menteri

Eksternalitas
Pasal 11 (1) UU 32/04

AMDAL
Komisi Pusat LH
Pasal 11 (1) PP 27/99

Anggota :
Tim Teknis Kab/Kota
Tim Teknis Dinas Pert Prov.

Ya
Pasal 9 (1)
PP 27/99

Tidak

Dampak
Penting

Pasal 3 (4)
PP 27/99
Pasal 19 (1)
UU 23/97
Pasal 8 (1)
PP 27/99

UKL & UPL

Dinas LH

Izin Pertambangan
Bupati/Walikota

Lintas
Provinsi
Tidak

Komisi AMDAL Provinsi

Pasal 11 (2) PP 27/99

Anggota :
Tim Teknis Dinas Pert Prov.
Tim Teknis Kab/Kota

Komisi AMDAL Kab/Kota

Ya
Pasal 10 (1)
PP 27/99

Lintas
Kab/Kota

Tidak

Anggota :
Tim Teknis Dinas Pert Prov.
Tim Teknis DESDM

Regulation

GOV REG 32 Year 1969

about : Implementation of Law No 11 year 1967

Art 46 (4)
Prior to leaving concession area, permit holder has to stabilize
goods or building and surrounding soils which have potential
danger to public
Art 46 (5)
Ministry set up standards for compliance of
reclamation.

GOV REG No.75/2001, about :

Second amandement of GOV Reg No.

32/1969 about Implemenation of Law
No. 11/1967 about Mining Code
Article 37 (4)
Every permit holder should give
permission to others for constructing
environmental facilities in his/her
concession base on mutual
understanding

GOV Reg 75/2001 (continued)

Article 39 (1)
Within last 3 (three) year from
period of permit, Ministry,
Governor, Mayor according to
his/her authority conduct specific
inspection.
Article 39 (2)
Within those period permit holder
must follow guidance from Min,
Gov, or May.

GOV Reg 75/2001 (continued)

Article 41 (1), e.
Mining activity can be stopped if no
reclamation bond or no environmental
management and monitoring activity
within.

GOV Reg 75/2001 (continued)

Article 46 (4)
Prior to leaving concession area, permit holder has
to stabilize goods or building and surrounding soils
which have potential danger to public
Article 46 (5)
Ministry, Governor, Mayor can establish
standard or regulation for mine closure
Article 67 a (3)
Existing CCOW and COW managed by
Ministry and coordinate with Governor,
Mayor.

Ministry of M and E Decree 1211K Year

1995
abt :Prevention and mitigation env
disruption and pollution from mining
activity
Run off water has to be treated in pond
before release to the environment
Settling pond should be maintained and
well function
Hydraulic mining must use close circuit

MME Decree 1211K Year 1995

COMPANY OBLIGATION
Allocate budget for environmental
protection
Educate and train employee about
environmental protection
Appoint Chief of Mine Technique to lead
implementation of environmental
protection
If CMT not available, company must
appoint officer in charge

MME Decree 1211K Year 1995

COMPANY OBLIGATION
Submit Annual Env Management and
Mon Plan to Chief of Mine Inspector
Submit mine closure plan at the
latest one year before closure
Provide reclamation bond

MME Decree 1211K Year 1995

CHIEF OF MINE TECHNIQUE OBLIGATION

Submit report to Chief of Mine
Inspector about:

Implementation of env management and

monitoring
Procurement, usage, storage and
inventory of hazardous material
Indication of env disruption and pollution
Environmental incident with in 1 x 24 hour

MME Decree 1211K Year 1995

CHIEF OF MINE TECHNIQUE

OBLIGATION
Approve SOP for prevention of
environmental disruption and
pollution in sensitive place
Prevent environmental disruption
and pollution

MME Decree 1211K Year 1995

CHIEF OF MINE TECHNIQUE

OBLIGATION
Conduct reclamation and revegetation according to EIA
Provide environmental management
and monitoring map
Monitoring tailings contain hazardous
material frequently and report it to
Chief of Mine Inspector

DG Decree No. 336.K/271/DDJP/1996

about : Reclamation Bond

CONTAINS SOME PRINCIPLES ABOUT:

Reclamation bond approval (reclamation
plan, component of cost, type of bond)
Bond placement
Disbursement of bond (60 %, 20%, 20%)
Sanctions (administrative, permitting, etc)