Amdal commission authorized to assess reclamation project

Amdal commission authorized to assess reclamation project

Leony Aurora, The Jakarta Post, Jakarta

The Central Environmental Impact Analysis (Amdal) Commission had
the authority to conduct the assessment of a controversial
Jakarta reclamation project, as it is related to the ocean, a
witness told the State Administrative Court on Wednesday.

Article 1c in Chapter 11 of government ruling no. 27/1999 on
Amdal stipulated this, said Karliansyah of the Office of the
State Minister of the Environment in the court in Pulo Gebang,
East Jakarta.

Prior to 1999, the matter was regulated by ruling no. 51/1993,
which stated that Amdal assessments were the responsibility of
local administrations or related departments, he said.

His testimony was part of the court proceedings in the dispute
between the minister's office and six companies grouped in the
Water Front City Management (PB Pantura).

Of the six, only two -- port operator PT Pelindo II and PT
Pembangunan Jaya Ancol -- had been issued favorable assessments
by the city administration since around 1997, Karliansyah said.

"They are still valid," he added, "as long as there was no
change of location, processes or materials."

It was revealed during the hearing that the minister's office
was ready to approve the project before Jakarta was hit by
flooding in Jan. 2002, the biggest in the capital's history.

When the data derived from the devastating flood was used as
the new standard for Amdal assessments, the project was deemed
not feasible, said Karliansyah, who was also a member of the
assessment commission.

The commission includes people from the minister's office,
related institutions such as the Ministry of Fisheries and
Maritime Affairs, PB Pantura, the Jakarta administration, non-
government organizations and experts.

Another expert witness, Philipus M. Hadjon, said that a decree
that had no legal consequences could not be regarded as final and
should be treated as a recommendation.

"It's possible that the institution, which has the authority
to issue permits (to carry out projects), doesn't follow the
decree," said the legal expert from Airlangga University in
Surabaya.

If such an institution did issue the permit, it would cause a
conflict of authority between government agencies and the
conflict should not be resolved in an administrative court, he
added.

The environment minister's decree no. 14/2003 recommends that
the north coast project, which will include the building of
luxury houses, hotels and industrial zones on 2,700 hectares of
reclaimed land, should not be executed as it was not
environmentally friendly.

The decree is based on the founding of the Amdal documents
assessment that the project would worsen pollution and cause
floods.