06-BAB 1 ANDAL MEGATOP-1-cadangan.dy.2

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TRADE ON FERRUGINOUS SAND MINING INTRODUCTION CHAPTER I INTRODUCTION 1.1. Background Development and improvement of mining sector in Regency will now be directed completely to an effort in mining resources management that is effective and efficient, having Archipelago concept, welfare improvement for people aroud the location of activity and improvement of regional income to pay for its development. Potential of ferruginous sand mineral is found in along the beach on Cianjur Regency, from the border area with areas in Sukabumi Regency, areas in Agrabinta sundistrict to the areas in Cidaun subdistrict. In the future, the existence of opportunity in national private investment on mining sector in the areas in Cianjur Regency step by step will be conducted by developing downstream industries in regard to the ownership of mineral potential and industrial mineral. The presence of investment opportunity in the ferruginous sand mining sector in Cianjur Regency that has fairly prospective ferruginous sand reserve PT. MEGATOP INTI SELARAS I - 1

Transcript of 06-BAB 1 ANDAL MEGATOP-1-cadangan.dy.2

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CHAPTER I

INTRODUCTION

1.1. Background

Development and improvement of mining sector in Regency will now be

directed completely to an effort in mining resources management that is

effective and efficient, having Archipelago concept, welfare improvement for

people aroud the location of activity and improvement of regional income to

pay for its development.

Potential of ferruginous sand mineral is found in along the beach on Cianjur

Regency, from the border area with areas in Sukabumi Regency, areas in

Agrabinta sundistrict to the areas in Cidaun subdistrict.

In the future, the existence of opportunity in national private investment on

mining sector in the areas in Cianjur Regency step by step will be conducted

by developing downstream industries in regard to the ownership of mineral

potential and industrial mineral.

The presence of investment opportunity in the ferruginous sand mining sector

in Cianjur Regency that has fairly prospective ferruginous sand reserve has

encouraged PT. Megatop Inti Selaras to make an effort to do exploration

research about ferruginous sand mining in shoreline on Cianjur Regency. The

intended location (study location) are in Sinarlaut village, Mekarsari village,

Tanjungsari village, Wanasari village (Agrabinta subdistrict); Hegarsari

village, Kertasari village, Talagasari village, Sirnagalih village, Saganten

village, Jayagiri village (Sindangbarang subdistrict); Sukapura village, Cisalak

village, Jayapura village, Kertajadi village (Cidaun sundistrict), Cianjur

Regency and doing activity plan for production operation in ferruginous sand

mining.

Along with the existence of regional autonomy in the form of partly rights

transfer from central government including the authority from Department of

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Mining of Republic of Indonesia to regional government, activity initiator

(PT. Megatop Inti Selaras) has now got Exploration lisence to plan the

exploration to ferruginous sand mineral located in some areas in Agrabinta

subdistric, Sindangbarang subdistrict and Cidaun subdistrict by the area based

on the exploration lisence for about 15.0000 Ha and according to the plan, this

activity will be supported by the existence of production operation in

ferruginous sand mining (mineral processing), development of electricity

generator, jetty development, and other supporting facilities.

The activity plan is predicted to arise negative impact towards components of

physical-chemistry, biological environment, social economics and socio-

culture also social health. However, the presence of activity plan doesn’t limit

for the possible positive impact in regard to the employment of local workers,

new business opportunity, etc.

Realizing the importance of environmentally sound development, the

ferruginous sang mining activity will be conducted by keeping paying

attention on the environmental principle. Related to the ferruginous sand

mining activityin study location in coastal and river border area, the impact

from activity plan will arise important impact towards environmental

components so the activity will make reference to the Presidential Rule

Number 32 year 1990 about management of conservation area and other

relevant regulations such as: paying attention to the existence of river border,

coastal border, the existence of flora habitat that its environmental function is

for breakabrasion, protected fauna habitat, the existence of country road that

link up Sindangbarang to Cidaun that is near coastal area, the existence of

tourism factor and other factors.

Besides that, this research is referenced to the Governmental Regulation

Number 27 Year 1999, about Environmental Impact Analysis and Rule of

Environmental Ministry Number 11 Year 2006 about Types of Business and

or AMDAL obligatory liability for general mining activity with over than 200

Ha area or the area of cumulative opening land is same with or larger than 50

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Ha/year, the activity is obliged to do AMDAL research (ANDAL, RKL &

RPL).

1.2. Purpose and Benefit

Purpose and benefit of ferruginous sand mining activities tha will be

conducted by PT. Megatop Inti Selaras with the land area based on the 15.000

Ha mining lisence is to identify the necessity of mineral for various activities

provided by local natural resources in study location. Now the necessity upon

ferruginous sand mineral is increasingly improved along with the demand of

cement that is also incresingly improved.

The objectives to fill the need of ferruginous sand mineral can be seen below:

a. To help governmental program in Cianjur Regency in providing

ferruginous sand mineral that can be used for steel industry, besides

cement industry and others.

b. To add sea transport vehicle by building jetty facilities/ quay and land

transport vehicle as the supporting facilities in mining.

c. To improve the power and realibility of electricity by building electricity

generator for the need of activity plan.

d. To develop regional development in South Cianjur area that is more left

behind that the North part of Cianjur Regency.

e. To open and enlarge job opportunity and business opportunity.

f. To distribute and improve income of society around the activity location.

2. Benefit

The project plan for ferruginous sand mining along with the governmental

program to use natural resources to meet the domestic needs and for the

purpose of export so that it can encourage PT. Megatop Inti Selaras to open

concession to be mined in the area of concession based on the determined

license.

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The ferruginous sand mineral has big potential and can be used as tthe raw

material to make steel, the mixture between industrial raw material of cement

and others as explained above hopefully can employ local workers, improve

regional income and other benefits.

In the utilization of ferruginous sand, Regional Government of Cianjur

Regency has given some opportunities escecially for private parties to take

part in mining field especially ferruginous sand, so both (regional and central)

government togetherly get its benefit based on the determined rules.

1.3. Valid Laws and Regulations Related to the Business and/or Activity Plan

and Environment.

The laws and regulations underlying the implementation of ANDAL study of

production operation in ferruginous sand mining are:

Tabel 1.1.

The laws and regulations related to the activity plan

No The laws and regulations Reason for mentioning regulation

Laws

1 Law of Republic of Indonesia Number 5

year 1960 about Agraria Basics.

Related to the activity plan that

contains procedure for land

application to the regional

government.

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No The laws and regulations Reasons for mentioning regulations

2 Law of Republic of Indonesia Number 5

year 1984 about Industry

Related to the industry activity plan

(steel industry) that will be built as

facility to process ferruginous sand

mining.

3 Law of Republic of Indonesia Number 5

year 1990 about Conservation of vital

Natural Resource and its ecosystem.

Related to the industry activity plan

that is in local protected and coastal

area.

4 Law of Republic of Indonesia Number 9

year 1990 about Tourism

Related to the industry activity plan

that there are tourism facilities in its

surrounding.

5 Law of Republic of Indonesia Number 3

year 1992 about Workers Social

Guarantee

As the guarantee to give assurance to

the workers involved in the project

activity and the workers will get their

rights as a labor.

6 Law of Republic of Indonesia Number

21 year 1992 about Industry Undang-

Undang Nomor 21 Tahun 1992 tentang

Sailorship

Related to the industry activity plan

that will build harbor or jetty

facilities in the mouth of Cibuni

River.

7 Law of Republic of Indonesia Number

13 year 2003 about Labor

As the reference in protection for

labor involved in building activities

in study location.

8 Law of Republic of Indonesia Number 7

year 2004 about Water Resource

Related to the industry activity plan

that there are surface water resources

(sea and river water) in study

location.

9 Law of Republic of Indonesia Number

22 year 1999 jo Law of Republic of

Indonesia Number 32 year 2004 about

Related to the policy that gives an

authority to the Local Government

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Regional Government

10 Law of Republic of Indonesia Number

26 year 2007 about spatial.

As a guideline to implement the

building/development activity in

ferruginous sand mining.

11 Law of Republic of Indonesia Number

27 year 2007 about coastal zone and

small islands management

Related to the industry activity plan

that is in coastal zone.

12 Law of Republic of Indonesia Number 4

year 2009 about Mineral and Coal

Mining

Related to the industry activity plan

that is in ferruginous sand mining.

13 Law of Republic of Indonesia Number

22 year 2009 about Traffic and Road

Transport

Related to the industry activity plan

that use road body during the

construction and operation stages/

supporting activities.

14 Law of Republic of Indonesia Number

32 year 2009 about Environmental

Conservation and Management

Related to the laws and regulations

about Environmental Protection and

Management.

15 Law of Republic of Indonesia Number

36 year 2009 about Health

Related to the laws and regulations

about health.

No The laws and regulations Reasons for mentioning regulations

Governmental Regulations

16 Governmental Regulation of Republic

of Indonesia Number 32 year 1969,

about Implementation of Law Number

11 year 1967

Related to the industry activity plan

about ferruginous sand mining.

17 Governmental Regulation of Republic

of Indonesia Number 35 year 1991,

about river.

Related to the industry activity plan

that that there are water surface

resources in its surrounding.

18 Governmental Regulation of Republic Related to the industry activity plan

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of Indonesia Number 82 year 1999,

about Sea Transportion

that will build sea/jetty transportation

or quay in the Mouth of Cibuni River

19 Governmental Regulation of Republic

of Indonesia Number 27 year 1999,

about Environmental Impact Analysis

Related to the industry activity plan

that needs AMDAL Research.

20 Governmental Regulation of Republic

of Indonesia Number 41 year 1999,

about Air Pollution Control.

Related to the industry activity plan

that causes impacts in the increasing

of dust level as the result of tools and

materials mobilization, and

transportation of ferruginous sand

mineral.

21 Governmental Regulation of Republic

of Indonesia Number 25 year 2000,

about Governmental Authority and

Provincial Authority as an autonomous

regions.

Related to the partly governmental

authority that is in the level of

Province and City/Regency.

22 Governmental Regulation of Republic

of Indonesia Number 69 year 2001

about harbour affairs.

Related to the industry activity plan

that will build sea/jetty transportation

or quay in the Mouth of Cibuni

River.

23 Governmental Regulation of Republic

of Indonesia Number 82 year 2001

about water quality management and

water pollution control

Related to the industry activity plan

that will cause the increase of sea

water turbidity and river water

quality near the mouth as the result

of ferruginous sand mining activities.

24 Governmental Regulation of Republic

of Indonesia Number 51 year 2002

about shipping

Related to the industry activity plan

that will build sea/jetty transportation

or quay in the Mouth of Cibuni

River.

25 Governmental Regulation of Republic

of Indonesia Number 16 year 2004

Related to the industry activity plan

for the transfer process of rights

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about land use management above the land and permission for

location to be used for activity plan.

26 Decree of President Number 32 Year

1990 about management of protected

areas

Related to the industry activity plan

of ferruginous sand mining that is in

coastal border area and belongs to

protected area.

27 Regulation of Mining and Energy

Ministry Number 01/P/201/M.PE/1986

about tentang Pedoman Pengelolaan

Pertambangan Rakyat Bahan Galian

Strategis dan Vital guidelines for the

management of strategic and vital

mineral mining (Type A and B)

Related to the industry activity plan

about ferruginous sand mining.

28 Governmental Regulation Number 51

year 2002 about Shipping

Related to the industry activity plan

that will build sea/jetty transportation

or quay in the Mouth of Cibuni

River.

29 Governmental Regulation Number 23

year 2010 about Mining Activity

Implementation

Related to the industry activity plan

about ferruginous sand mining.

No The laws and regulations Reasons for mentioning regulations

Ministerial Decrees

30 Decree of Minister of Communication

Number KM 215/AL 506/PHB-87 about

procurement of ship waste reception

facilities

Related to the anticipation to the

activity plan for loading and

discharging in jetty location/ quay in

study location.

31 Decree of Minister of Communication

Number KM 86 Year 1990 about

prevention of pollution by oil from

ships

Related to the anticipation to the

activity plan for loading and

discharging in jetty location/ quay in

study location.

32 Decree of minister of state Related to exhaust from vehicles used

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environmental affairs Number 35 year

1993 about threshold of exhaust

emissions from motor vehicle.

for tools and medium mobilization,

and transporataion of minerals.

33 Decree of Head of Bapedal Number

Kep-056 year 1994 about Guideline for

Important Impact Standard.

Related to the deciding process of

important impact standard from a

activity plan.

34 Decree of minister of mining and

energy Number 555.K/26/M.PE/1995

about safety and working welfare of the

general mining

Related to the activity plan of mining

that needs safety and working welfare

for labor.

35 Decree of minister of mining and energy

Number 1211.K/008/M.PE/1995 about

Prevention and Control of Pollution and

Environmental Degradation on Mining

Activities

Related to the activity plan of mining

that has potential to arise

environmental damage so that it

needs some efforts for prevention and

overcoming environmental

degradation and pollution in general

mining activities.

36 Decree of minister of state

environmental affairs Number 45 Year

1995 about sustainable coastal program

Related to the activity plan that is in

coastal zone that is necessarily

conducted by applying environmental

priciple.

37 Decree of minister of state

environmental affairs Number

48/MENLH/11/1996, standard noise

level

Related to the noise impact from the

operation of numbers of vehicle used

in the mobilization of tools-material,

transportation of minerals.

38 Decree of minister of state

environmental affairs/ Head of

environmental impact control agency

Number KEP-299/11/ year 1996, about

Technical Guidelines of Social Aspects

Review in Presentation of

Related to the technical guideline for

AMDAL arragement for the

researches in social, economical and

cultural aspects.

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Environmental Impact Analysis

39 Circular minister of labor Number

01/1997, about threshold of Chemical

Factor in Work Environment

Air quality standard in steel industry

room that is planned to be built in

study location.

40 Decree of Head of Bapedal Number

124/1997 about public health aspects of

the study guidein preparation of

environmental impact analysis

Related to the technical guideline for

AMDAL arrangement for the

researches in social health aspect.

41 Circular of minister of Labor Number

51/1999 about threshold value of

physical factors in Work environment

Working comfort standard in the

steel factory/ industry planned to be

built.

No The laws and regulations Reasons for mentioning regulations

42 Decree of minister of energy and

mineral resources Number :

1452.K/29.MEM/2000, about technical

guidelines for implementation in

inventory of mineral and energy

resources

Related to the activity plan of

ferruginous sand mining.

43 Decree of minister of energy and

mineral resources Number:

1453.K/29.MEM/2000, about technical

guidelines for implementation of the

government's duty in general mining.

Related to the activity plan of

ferruginous sand mining.

44 Decree of Head of Bapedal Number 08

Year 2000 about community

involvement and information disclosure

in AMDAL Process.

Related to the activity plan and

AMDAL process that needs the

social participation/involvement

45 Decree of Minister of Communication

Number 54 Year 2002 about peration of

sea ports

Related to the activity plan that will

build sea/jetty transportation or quay

in the Mouth of Cibuni River.

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46 Decree of minister of state

environmental affairs Number 37 Year

2003 about surface water quality

analysis methods and surface water

sampling

Related to the analysis method

procedure and surface water (sea and

river water) quality sampling.

47 Keputusan Menteri Negara Lingkungan

Hidup Nomor 51 Tahun 2004 tentang

Baku Mutu Air Laut, sea water quality

standard

Related to quality standard as the

comparator with sea water quality

that can potentially have any

decrease.

48 Decree of minister of state

environmental affairs Number 45 Year

2005 about implementation of

environmental management plans and

environmental monitoring plan

Related to the activity plan of

ferruginous sand mining.

49 Decree of minister of state

environmental affairs Number 11 Year

2006, about Types of Business and/or

Activity Plans Needed to be Completed

with environmental impact analysis

Related to the activity plan that

belongs to the activities needed to be

conducted by the AMDAL research.

50 Decree of minister of state

environmental affairs Number Number

08 Year 2006 about guidelines for

preparing environmental impact

Related to the guideline for technical

arrangement of AMDAL.

51 Decree of minister of state

environmental affairs Number 5 Year

2008 about working procedures of the

appraisal commission of Environmental

Impact Analysis

Related to the guideline for working

procedures of the AMDAL

commission.

52 Decree of minister of state

environmental affairs Number 6 Year

2008 about governance commission

Related to the guideline for working

procedures of the AMDAL

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license Assessor of Environmental

Impact Analysis in Regency/City.

commission in Regency/City.

53 Regulation of minister of state

environmental affairs Number 11 Year

2008 about Competence Requirements

for AMDAL Documents Arrangement

Related to the guideline for

competence requirements for the

arrangement process of AMDAL.

No The laws and regulations Reasons for mentioning regulations

Local Regulations

54 Local Regulation of Province Region

Level 1 of West Java Number 15 Year

1994 about implementation of road

traffic in Province Region Level 1 of

West Java.

Related to the implementation of traffic

in the activity plan.

55 Local Regulation of Province of West

Java Number 2 Year 2003 about spatial

plan in Province of West Java

Related to the activity plan that in in

the area with various spatial use.

56 Local Regulation of Province of West

Java Number 17 Year 2001 about

Mining Management

Related to the activity plan of

ferruginous sand mining.

57 Local Regulation of Province of West

Java Number 3 Year 2004 about

pollution control of water quality

Related to the (river) water pollution

control as the result of various

activities including activity plan.

Decree of Governor

58 Decree of Governor KDH Level I of

West Java Number 660.31/SK.1718/-

BKMD/92, about designation of water

quality testing laboratories

Related to the laboratorium that will be

referenced to do any testing for the

sample of river water quality and

ground water quality.

59 Decree of Governor KDH Level I of

West Java Number 16 Year 1993 about

Related to the activity plan that uses

various kinds of heavy tools and uses

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regulation of road. road body surrounding.

60 Decree of Governor KDH Level I of

West Java Number 17 Year 1993 about

traction and traffic generation

Related to the activity plan that uses

numbers of trucks to carry the

materials and minerals.

61 Decree of Governor KDH Level I of

West Java Number 18 Year 1993 about

implementation of traffic control

devices

Related to the activity plan that needs

traffic control tools in accessing

location to the project.

Local Regulations of Cianjur Regency

62 Local Regulations of Cianjur Regency

Number 1/1997 about RTRW of Cianjur

Regency

Related to the spatial and land use for

the activity plan.

63 Local Regulations of Cianjur Regency

Number 13 Year 2000 about,

empowerment and the preservation and

development of customs, community

customs and traditional institutions.

Related to the activity plan that causes

impacts towards social and culture

aspects unless it employs local

workers.

64 Local Regulations of Cianjur Regency

Number 22 Year 2000 about, local

government organizations of Cianjur

Regency

Related to the relevant instance with

the lisence to the activity plan and as

the members of AMDAL commission.

65 Local Regulations of Cianjur Regency

Number 11 Year 2004 about General

Mining

Related to the activity plan of

ferruginous sand mining.

66 Local Regulations of Cianjur Regency

Number 04 Year 2006 about

Environmental Research.

Related to the AMDAL study for the

activity plan of ferruginous sand

mining.

1.4. Purpose and Benefit of the Study

1.4.1. Purpose of ANDAL Study

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The purposes of implementing ANDAL study in ferruginous sand mining

activity are:

a. To identify business and/or activity plan that will be conducted,

particularly those that cause big and important impact upon environment

in preparation stage, mining operation stage and after mining operation

stage.

b. To identify environmental components affected by the big and important

impact.

c. To predict and evaluate the business and/or activity plan that will arise big

and important impact towards environmental components.

d. To formulate Environmental Management Plan (RKL) and Environmental

Control Plan (RPL).

1.4.2. Benefit of ANDAL Study

1. Benefit for Project Initiator

a. To help decision process about environmental feasibility of business

and/or activity plan.

b. To give input for the arrangement of tecnical detailed design of

business and/or activity plan.

c. To give input for the arrangement of environmental management and

control of business and/or business and/or activity plan.

d. To meet the rules in the laws and regulations in the field of

environment.

2. Benefit for Government

a. as input material in areal planning based on the previous

environmental condition and the available development level

b. to prevent or reduce environmental damage in surrounding areas of

project track location of the activity that causes advance impact in

other environmental components.

c. as material in deciding process about environmental feasibility in the

location of activity plan.

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3. Benefit for Society

a. As medium to give information for surrounding people so that it can

prevent from negative impact and make use of positive impact.

b. As input material for society in planning business based on the

environmental condition and future condition related to the project

activity.

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