15 Peatland Protection in Indonesia: Toward the Right Direction?
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within 30 days since the damage is known or since the fire occurred (arts. 5–6). The
permit holders could undertake the recovery based on the recovery plan previously
consulted with and reported to the director-general of environmental pollution and
damage control at the MoEF (arts. 9 and 12 par. 5).
The recovery conducted by permit holders in the forestry sector shall be made on
the basis of spatial change and revision of the general operational plan, and shall be
executed within 30 days after the damage was found or fires occurred. If the permit
holders fail to do so, the MoEF and local governments shall appoint a third party
to conduct recovery of the function of the peat ecosystem with the expenses of the
permit holders (arts. 8 and 10 par. 1).
The recovery of the peatlands is carried out in three stages, namely planning,
implementation, and evaluation (art. 11). Planning for the recovery of peatlands is
conducted in accordance with the field surveys or analysis of spatial data, spatial
changes, or changes in the general operational plan. It has to be arranged within
a maximum of 14 working days (art. 12). Afterward, the recovery of peatlands is
conducted within 14 working days through:
(a) Rehabilitation, which will be conducted through revegetation with primarily
endemic plants. The rehabilitation takes place in areas that have been burned,
areas experiencing clear-cutting, an open area with limited vegetation, or burned
areas that have experienced natural succession (art. 14 paras. 1 and 2);
(b) Natural succession, which shall take place in peatlands with blocked canals and
have disturbance from human activities (art. 15);
(c) Restoration, directed toward the complete or partial re-functioning of peatlands.
It is conducted through the construction of peatland rewetting infrastructures,
including canal blocking, water catchment, canal stockpiling, or water pumping
(arts. 16 and 17 par. 1); or
(d) Other means consistent with the development of science and technology, within
14 working days (art. 13).
The MoEF Regulation Number 16 of 2017 also determines that the execution of
recovery plan should be reported to the director-general of environmental pollution
and damage control every six months (art. 19 par. 2). The director-general has the
authority to evaluate the execution of the recovery plan (art. 19 par. 3). The recovery
of peatlands is declared successful if: (a) there is no exposure to pyrite or quartz
sediments under the peatlands layer measured at the point of compliance; (b) the
water-table level on peatlands is less than 0.4 m under the peatland surface measured
at the point of compliance; (c) the recovered peatland quality is better than the criteria
for peatland damage specified in the environmental permit; (d) the recovered peatland
quality is better than criteria for peatland damage according to spatial analysis of
data from field survey, or analysis from data with 1:250.000 scale, or data collected
from compliance points; or (e) the number of healthy growing plants is at least 500
trees per hectare in the third year (art. 18 par. 1).
The MoEF Regulation Number 16 of 2017 requires that water and water management systems for the recovery of peat ecosystems be established in the first six
months, whereas the improvement of the water-table level to reach less than 0.4 m
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