Indonesia Translation
As a follow up to the issuance of Law No. 11 of 2020 on Job Creation (“Job Creation Law”), the government has issued a number of implementing regulations that elaborate upon the various changes that this substantial umbrella legal framework has now introduced across various sectors. Within the forestry sector, Regulation of the Government No. 23 of 2021 (“Regulation 23/2021”) has now been issued and updates provisions on a wide range of forestry-related matters,
- Use of forest areas; and
- Forest utilization.
These topics were previously addressed under the following other regulations which have now been repealed and replaced by Regulation 23/2021:
- Regulation of the Government No. 24 of 2010 on the Use of Forest Areas, which has been amended several times, most recently through the issuance of Regulation of the Government No. 105 of 2015 (collectively referred to as “Regulation 24/2010”); and
- Regulation of the Government No. 6 of 2007 on Forest Management and the Drawing up of Forest Management Plans, which was amended through the issuance of Regulation of the Government No. 3 of 2008 (collectively referred to as “Regulation 6/2007”).
Use of Forest Areas
production forest areas and/or protected forest areas may be used for non-forestry development purposes which encompass strategic activities only, including:
- Mining, provided that:
- Mining activities within production forest areas can be carried out through open-mining schemes and/or underground-mining schemes; and
- Mining activities within protected forest areas can only be carried through underground-mining schemes, the activities of which are prohibited from resulting in any reduction in the quality of any land surface, any permanent change to the primary function of any forest areas and/or any damage to water aquifers, unless the relevant environmental documents for said activities clearly state the possibility that such results may occur and the measures that will be taken in order to minimize their impacts;
- Installation of power plants, the transmission and distribution of electricity, as well as technologies relating to new and renewable energy;
- Development of telecommunications networks, radio transmitter stations, television relay stations and geostationary outer-space observatories;
- Shelters for victims of natural disasters and provision of lands for their use during temporary business activities and certain agricultural activities relating to food and energy sustainability; or
- Locations for the final processing of trash, waste processing facilities and environmental recovery activities.
Approvals for the use of forest areas (“Approvals”) are now required in order to carry out the strategic non-forestry activities, including activities that relate to priority central-government projects that use lands procured by non-government agencies on a non-permanent basis.
If you’d like to know further regarding regulation of forestry sector in Indonesia, you can send your inquiries to our email at : mail@enplaw.id or via whatsapp 62-8881990323
