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New Environmental Impact Assessment Requirements Effective February 2024

January 18, 2024 Batavia Alerts
New Environmental Impact Assessment Requirements Effective February 2024

The Ministry of Environment and Forestry has issued new regulations on Environmental Impact Assessment (AMDAL) procedures, requiring updated assessments for existing projects and stricter requirements for new developments.

New AMDAL Regulations

The Ministry of Environment and Forestry (KLHK) has issued Government Regulation No. 22 of 2023 on Environmental Impact Assessment (“GR 22/2023”), replacing the previous 2012 regulation. The new requirements are effective February 1, 2024.

Key Changes

Expanded Scope of Assessment Environmental Impact Assessment (AMDAL) now required for:

  • Projects in or adjacent to conservation areas
  • Activities with potential transboundary environmental impact
  • Projects involving genetically modified organisms
  • Large-scale land conversion (threshold reduced from 50 to 25 hectares)

Stricter Public Consultation Requirements

  • Mandatory consultation with affected communities before AMDAL preparation
  • Public disclosure period extended from 30 to 45 days
  • Requirement to address all public comments in assessment document

Enhanced Monitoring Obligations

  • Quarterly environmental monitoring reports to KLHK
  • Third-party audit of environmental management every 2 years
  • Real-time emissions monitoring for high-risk facilities

Compliance Requirements for Existing Projects

Companies with existing environmental permits must:

  1. Review Current AMDAL - Assess whether existing assessment meets new requirements
  2. Submit Updated Documentation - Within 12 months for projects requiring expanded assessment
  3. Implement Enhanced Monitoring - Install required monitoring systems by August 2024

Penalties for Non-Compliance

ViolationPotential Penalty
Failure to conduct AMDALProject suspension + fine up to IDR 3 billion
Incomplete assessmentAdministrative warning + remedial deadline
False information in AMDALCriminal prosecution + fine up to IDR 10 billion
Non-compliance with monitoringPermit revocation + operational closure

Immediate Action Required

Project owners should:

  1. Conduct Legal Audit - Review existing environmental permits against GR 22/2023
  2. Engage Environmental Consultants - Prepare updated assessments where required
  3. Budget for Compliance - Allocate resources for monitoring systems and third-party audits
  4. Train Personnel - Ensure environmental teams understand new obligations

Sector-Specific Guidance

We have prepared detailed compliance guides for:

  • Manufacturing and industrial facilities
  • Mining and extractive industries
  • Real estate and property development
  • Energy and power generation
  • Infrastructure projects

This alert is for general information. For environmental compliance assistance, please contact Andrew Timothy at andrew.timothy@b-av.co.