The Minister of Energy and Mineral Resources (“MEMR”) has issued MEMR Decree Number: 259.K/GL.01/MEM.G/2022 on Implementation Standard of Groundwater Utilisation Permit (“Decree”) on 19 October 2022. The Groundwater Utilisation Permit (“Permit”) is defined as license to use and/or exploit groundwater to conduct business activity. The Decree regulates, among others, (i) the application of Permit now can be submitted through the Online Single Submission (“OSS”) system; and (ii) the stipulation of Permit shall be granted at the latest 7 (seven) working days since the completion of administrative and technical requirements.
Previously, Article 58 of Government Regulation Number 43 of 2008 on Groundwater (“GR 43/2008”), in summary, regulates that the Permit is granted by the head of municipality/mayor. Meanwhile, Article 33 (1) of Government Regulation Number 121 of 2015 on Utilisation of Water Resources (“GR 121/2015”), in summary, regulates that the Permit must be obtained by way of submitting written application to governor. Although both GR 43/2008 and GR 121/2015 are still applicable, but those are not listed as umbrella regulations (higher regulations) in the consideration section of the Decree. The issuance of Decree is directed as an implementing regulation of Article 9 (1) of Law Number 17 of 2019 on Water Resources as lastly amended by Law Number 11 of 2020 on Job Creation.
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Published by: IABF Law Firm
Published on: 27 Sep 2022
