Forest License Moratorium Instruction

• Author: William A. Sullivan/Christian Teo Purwono & Partners
• Profession: Licensed Foreign Advocate in Indonesia as well as a Solicitor of the Supreme Court of New South Wales
• Pages: 451-454

CHAPTER 31

Forest License Moratorium

Instruction

I.Executive Summary

1. Overview

The Forest License Moratorium Presidential Instruction (hereinafter referred to

as “PI 10/2011”) was issued withlegal effect from May 20, 2011, and by way

of the implementation of theOslo Accord between Indonesia and Norway.

2. Approach

2.1Moratorium: For the purpose of reducing greenhouse gas emissions, the

President has instructed various authorities to take all necessary action to

support a moratorium on the issuance of new licenses for the utilization of

Primary Natural Forests and Peat Lands except in the case of:

a. Applications that have already received an Approval-in-Principle

License from MoFOR;

b. The implementation of vital national development, such as geo-

thermal, oil and gas, electricity, rice, and sugar cane cultivation;

c. Extension of existing Timber Utilization Business Licenses and/or

Rent Use Permits provided that the relevant business licenses (e.g.,

IUPs/CCoWs/CoWs) are still valid; and

d. Ecosystem restoration.

2.2Primary Natural Forest: “Primary Natural Forest”is a term that is

commonly understood as referring to Natural Forest areas that have

never been the subject of any logging activities. However, there is no

legal definition of “Primary Natural Forest.”Accordingly, the deter-

mination of whether or not a Forest Area is Primary Natural Forest is to

be made by having regard to the Indicative Map attachedto PI 10/2011.

2.3Indicative Map: The Indicative Map is to be revised and updated

every six months.

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