1.1. 1.2.

Background Laws and Regulations

To achieve environment-based development, this plan will refer to the following laws and regulations:

a. Laws Law No. 11 Year 1967 on Mining. Law No. 5 Year 1990 on the Conservation of Natural Resources and its Ecosystems. Law No. 21 Year 1992 on Sailing. Law No. 24 Year 1992 on Spatial Planning. Law No 5 Year 1994 on Ratification of UN Convention on Biological Diversity. Law No. 6 Year 1996 on Indonesian Waters. Law No 23 Year 1997 on Environmental Management. Law No. 3 Year 2002 on National Defense. Law No. 32 on 2004 Regional Autonomy . Law No. 33 Year 2004 on Financial Balance between Central Government and Local Government. Law No. 32 Year 2009 regarding Environmental Protection and Management. b. Government Regulation Government Regulation No. 47 Year 1997 on National Spatial Planning. Government Regulation No. 19 Year 1999 on the Controlling of Marine Pollution and or Damaging. Government Regulation No. 27 Year 1999 on Analysis on Environmental Impact. Government Regulation No. 41 Year 1999 on the Controlling of Air Pollution. Government Regulation No. 18 Jo. No. 85 Year 1999 on the Management of Hazardous and Poisonous Waste Materials. Government Regulation No. 25 Year 2000 on Government Authority and Provincial Authority as Autonomous Region.

c. President Decision

President Decision No. 46 Year 1986 on the Ratification of International Convention on the Prevention of Pollution from 1973 Ship and 1978 Protocol on International Convention for the Prevention of Pollution from 1973 Ship (Marpol 1978). President Decision No. 32 Year 1990 on the Management of Protected Area. President Decision No. 52 Year 1999 on the Authorization of Protocol of 1992 to Amend the International Convention of Civil Liability for Oil Pollution Damage, 1969.

d. Ministerial Decree Minister of Transportation Decree No. KM 173/AL/401/Phb.84 on the Implementation of IALA Maritime Bonyage System for Region Andalan Tatanan SBNP in Indonesia. Minister of Health Decree No. 718 Year 1987 on Noise which Related to Health Minister of Transpotation Decree No. 23 Year 1990 on Salvage Business and or Under Water Work Minister of Mining and Energy Decree No. 103.K/008/M.PE/1994 on the Monitoring and Implementation of Environmental Management Plan and Environmental Monitoring Plan in Mining and Energy Sector Minister of Environment Decree No. Kep-48/MENLH/11/1996 on the Standard Quality of Noise Minister of Environment Decree No. 09/MENLH/4/1997 on the Substitution of Minister of Environment Decree No. 42/MENLH/10/1996 on Standard Quality of Liquid Waste for Natural Oil and Gas and Thermal Heat Activity Minister of Mining and Energy Decree No. 1457.K/28/MEM/2000 on the Technical Guidelines for Environmental Management in Mining and Energy Sector Minister of Environment Decree No. 17/MENLH/5/2001 on Types of Business and or Activity Plan which Authorized to be Completed with Analysis on Environmental Impact Minister of Environment Decree No. 112 Year 2003 on the Standard of Domestic Waste Water Quality. Minister of Environment Decree No. 45 Year 2004 on the Guidelines of Environmental Management Plan (RKL) and Environmental Monitoring Plan (RPL) Implementation.

e. Head of Environmental Impact Monitoring Board (BAPEDAL) Decisions Head of BAPEDAL Decision No. 68/BAPEDAL/05/1994 on Hazardous and Poisonous Waste Materials (B3) Storage, Collection, Operation of Processing Equipments, and Processing and Piling Authorization Procedure. Head of BAPEDAL Decision No. 01/BAPEDAL/09/1995 on the Procedure and Technical Requirements of B3 Wastes Storage and Collection. Head of BAPEDAL Decision No. 02/BAPEDAL/09/1995 on B3 Wastes Documents. Head of BAPEDAL Decision No. 03/BAPEDAL/09/1995 on the Technical Requirements of B3 Wastes Management. Head of BAPEDAL Decision No. 04/BAPEDAL/09/1995 on the Procedures of Piling of Processing Result Requirements, Used Processing Location Requirements, and Used Piling of B3 Wastes Location Requirements. Head of BAPEDAL Decision No. 05/BAPEDAL/09/1996 on the Symbols and Labels of B3 Wastes. Head of BAPEDAL Decision No. 205 Year 1996 on the Technical Guidelines of Air Pollution Controlling from Non Motion Source. Head of BAPEDAL Decision No. Kep-299/11/ Year1996 on the Technical Guidelines of Social Aspect Study in the Analysis on Environmental Impact (AMDAL) Arrangement. Head of BAPEDAL Decision No. Kep-124/12/1997 on the Guidelines of Public health Aspect Study in AMDAL. Head of BAPEDAL Decision No. 8 Year 2000 on the Involvement of Community and Open Information in AMDAL Process. Head of BAPEDAL Decision No. 9 Year 2000 on the Guidelines of Analysis on Environmental Impact Arrangement. Head of BAPEDAL Decision No. 47 Year 2001 on the Guidelines of the Measurement of Coral Reefs Condition.

1.3. 1.3.1.

Objectives and Functions of Study Objectives of AMDAL Study

The main objectives of AMDAL study are:

To identify activity plan in every phase, mainly activities which have potential to cause important impact on the environment.

To identify the reference of environment at the beginning, which is the condition and environmental order of local area before activity, mainly which have potential to receive important impact on each phase of activity plan.

To estimate and evaluate important impact which will occur in every phase of activity plan.

To give environmental management directions to prevent, handle, and control important negative impact and develop and increase positive impact which is estimated to happen according to the obtained resource capacity (energy, time, and cost).

To formulate environmental control system which will be conducted within and outside the project activity site boundary, as far as the border of impact spreading.

To determine the efforts of environmental monitoring such as observation, measurement, interviews and analysis which will be used as the input to increase environmental management productivity.

1.3.2. Functions of AMDAL Study The functions of AMDAL study are: a. For Initiator To become input in perfecting technical design of activity plan; To help in decision making of environmental planning and operational management and monitoring, particularly in preventing. controlling, and halting important negative impact, and developing positive impact which estimated to occur from the activity on environment; To become input on facing environmental problems at present and future time, and therefore can anticipate the possibility of misunderstanding and conflict of interest;

To become guidelines and directions in participating the efforts of achieving successful environmental management activity, including the efforts of increasing local communitys welfare.

b. For the Community To become the source of information on activity plan, early condition of environment and the impact on environmental components estimated to occur. Thus, the community can anticipate and prepare themselves to use any opportunity and or avoid from loss which might occur from activity plan; To become the source of information to prevent misunderstanding, guarantee the certainty of law and create mutual beneficial relationship between initiator and local community in environmental management related to activity plan.

c. For Government To become the source of information in regional development planning in East Kalimantan Province, thus prevent overlapping of activity in order to implement sustainable development; To become guidelines in the planning of monitoring, controlling, and management of impact estimated to occur from the activity; To become input in decision making on environmental suitability for activity plan.