Government Regulation No. 22 of 2021 on Environmental Protection, Organisation and Management

Government Regulation 22/2021 regulates the implementation of environmental protection and management in Indonesia. 

In relation to emissions, the regulation specifies that environmental licence holders must deposit funds with a government-approved bank. If a business entity causes pollution and the site needs to be restored, the Ministry of Environment and Forestry can approve the use of the funds for environmental restoration (Article 477). 

In relation to waste management, waste is classified as ‘hazardous and toxic’ (i.e., B3 waste) or general waste (i.e., non-B3 waste) (Articles 274 – 282). The substances that are considered as B3 waste are listed in Attachment IX of the regulation. This list includes several categories of mine waste, excluding overburden and wastewater.

The regulation states that any person producing B3 waste must carry out the management of the waste they produce, including waste reduction, storage, utilisation, processing, and stockpiling (Articles 283 – 389). 

The regulation defines B3 waste utilisation to mean using waste as a substitute for raw materials or energy sources or for other uses in accordance with the development of science and technology. It may be carried out by any person who produces or uses B3 waste and requires securing an environmental approval and relevant business license (Articles 315 – 341).

The regulation also governs B3 waste dumping, prohibiting dumping unless a technical approval and environmental approval for dumping activities has been obtained. B3 waste that may be dumped into the sea shall be in the form of: (a) tailings from mining processing activities; (b) drill cuttings which results from drilling business, exploration, or exploitation activities at sea using synthetic-based mud; and (c) drill cutting from drilling activities at sea using water-based mud. Such waste must undergo neutralization reduction before dumping (Articles 330 – 402).

In addition, any person carrying out B3 waste management is required to handle and restore environmental pollution and damage and have an emergency response system for emergencies related to B3 waste management (Articles 410 – 427).

Non-compliance with the regulation may result in administrative sanctions such as written reprimands, administrative fines, suspension of business license, and/or revocation of business license (Articles 508 – 526). 

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