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Tuesday, 07 August 12
THE JAKARTA POST EDITORIAL: REVISITING THE MINING LAW
The Jakarta post, one of the leading English news paper in Indonesia writes in its editorial today, what the domestic and foreign investors had dreaded after the 2009 Mining and Coal law was enacted after more than three years of squabbling in the House of Representatives, has taken place.
The combination of inadequate institutional capacity, greed and corruption has resulted in the issuance of thousands of overlapping mining permits which contravened other laws, especially those regarding forestry and the environment.
The philosophy of the law was politically welcomed because the legislation devolves the authority for awarding mining licenses, outside oil and natural gas, to regional administrations (mostly regents). That was considered the best way of ensuring that natural resources are managed to serve the best interests of the local people.
Politicians in the House imagined the new legislation would better serve national interests, as it limits areas of exploration to 100,000 hectares, and cuts the validity of mining operations from a maximum of 70 years to 20, with two possible 10-year extensions.
Mining firms were expected to be more responsible, because, different from a contract of work, which integrates permits for all stages of mining operations, the new law requires companies to seek separate permits for each phase of mining activity – from exploration to feasibility studies and construction of production facilities. Mining firms must also process all mining products locally into metal starting in 2014.
But as more than 5,000 legally-flawed mining permits have been issued, many now question whether the decentralization of mining permits, mostly to regents, is in compliance with the 33rd article of the Constitution, which stipulates that the land, the waters and the natural resources within shall be under the powers of the state and shall be used to the greatest benefit of the people.
The shorter mining permits seem to have prompted reckless over-exploitation of resources, as can be seen in the exponential increase in unprocessed mineral exports over the past two years: nickel ore exports rose eightfold to 33 million tons in 2011, iron ore sevenfold to 13 million tons, copper more than tenfold to 14 million tons and bauxite fivefold to 40 million tons.
What makes everything even more murky, and causes legal black holes, are two contradictory provisions in the new law. One of them states that the sanctity of contracts of work in mining issued before the new law will be fully honored, but another provision stipulates that such pre-existing contracts must be adjusted to the provisions of the new law.
The Energy and Mineral Resources Ministry is now reviewing more than 5,000 legally defective mining permits, and has forced mining companies to be more serious in processing their minerals or metals locally by imposing export taxes on unprocessed mineral exports.
Such a piece-meal solution, let alone the issuance of ill-thought policy instruments as the surcharge on unprocessed mineral exports, is not effective in addressing the imbroglio that has been gripping the mining industry over the past three years.
The problem is that the central government itself took almost two years to prepare all the derivative regulations to implement the 2009 mining law. Hence, the law has been in full-fledged enforcement for only about two years now, while the implementation of many of its provisions on processing industry require more than three years of preparation and five years for construction.
In fact, it will take more than three years to increase the technical competence of district or regency administrations to enforce the law, and much longer for firms to plan and build smelters, which requires a huge amount of low-cost energy to be feasible.
It is thus a matter of urgency that the central government, regional mining chiefs and mining companies, sit down for an overall review of the mining law and make whatever adjustments are needed to make it politically and commercially enforceable.
Source: The Jakarta Post
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Thursday, 02 March 23
DRY BULK MARKET: THE WAY CHINA GOES, SO GOES THE MARKET - BIMCO
We expect demand growth within the 1.5-2.5% range in 2023, driven by China’s economic recovery. Improvements in consumer sentiment should hel ...
Thursday, 02 March 23
INDIA, CHINA DEMAND BOOST LOW-RANK THERMAL COAL PRICES IN ASIA - RUSSELL, REUTERS
Signs of stronger import demand from India have arrested the decline in price of the thermal coal grades most commonly sought by the world’s ...
Thursday, 02 March 23
INDIA CHEERS THE RETURN OF ‘KING COAL’ AS INDUSTRY SEES BUOYANT FUTURE - REUTERS
India’s coal industry celebrated the return of its major conference after a three-year pandemic hiatus by presenting a bullish view of demand ...
Wednesday, 01 March 23
GEO CONNECT ASIA RETURNS IN MARCH TO ACCELERATE THE REGION’S GEOSPATIAL AND LOCATION INTELLIGENCE CAPABILITIES
Press Release: The third edition of GCA will be held in conjunction with Digital Construction Asia and the inaugural Drones Asia – an event d ...
Wednesday, 01 March 23
THE DECLINE IN THE COAL PRICE SINCE THE BEGINNING OF THE YEAR HAS BEEN SIGNIFICANT - INTERMODAL
Last week, the front-month API2 future rose by 3.5%, but since the beginning of the year the future has fallen by 39% to $136.65/t, while the Newca ...
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- Riau Bara Harum - Indonesia
- Rashtriya Ispat Nigam Limited - India
- Siam City Cement - Thailand
- Deloitte Consulting - India
- Thai Mozambique Logistica
- Maheswari Brothers Coal Limited - India
- London Commodity Brokers - England
- Romanian Commodities Exchange
- Barasentosa Lestari - Indonesia
- Independent Power Producers Association of India
- Holcim Trading Pte Ltd - Singapore
- Miang Besar Coal Terminal - Indonesia
- Samtan Co., Ltd - South Korea
- Sree Jayajothi Cements Limited - India
- Kartika Selabumi Mining - Indonesia
- Pipit Mutiara Jaya. PT, Indonesia
- International Coal Ventures Pvt Ltd - India
- Simpson Spence & Young - Indonesia
- Heidelberg Cement - Germany
- Ministry of Finance - Indonesia
- Price Waterhouse Coopers - Russia
- Pendopo Energi Batubara - Indonesia
- PetroVietnam Power Coal Import and Supply Company
- Lanco Infratech Ltd - India
- Tamil Nadu electricity Board
- Malabar Cements Ltd - India
- Sojitz Corporation - Japan
- Marubeni Corporation - India
- Posco Energy - South Korea
- Borneo Indobara - Indonesia
- Planning Commission, India
- TNB Fuel Sdn Bhd - Malaysia
- Timah Investasi Mineral - Indoneisa
- Offshore Bulk Terminal Pte Ltd, Singapore
- Sakthi Sugars Limited - India
- Vizag Seaport Private Limited - India
- Neyveli Lignite Corporation Ltd, - India
- Agrawal Coal Company - India
- Billiton Holdings Pty Ltd - Australia
- Coastal Gujarat Power Limited - India
- Tata Chemicals Ltd - India
- Uttam Galva Steels Limited - India
- Thiess Contractors Indonesia
- LBH Netherlands Bv - Netherlands
- Anglo American - United Kingdom
- Mercator Lines Limited - India
- Trasteel International SA, Italy
- Kaltim Prima Coal - Indonesia
- ASAPP Information Group - India
- Semirara Mining Corp, Philippines
- Oldendorff Carriers - Singapore
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Bukit Asam (Persero) Tbk - Indonesia
- Chettinad Cement Corporation Ltd - India
- Madhucon Powers Ltd - India
- New Zealand Coal & Carbon
- GVK Power & Infra Limited - India
- Gujarat Electricity Regulatory Commission - India
- Global Coal Blending Company Limited - Australia
- European Bulk Services B.V. - Netherlands
- Indian Oil Corporation Limited
- Binh Thuan Hamico - Vietnam
- Petrochimia International Co. Ltd.- Taiwan
- Sical Logistics Limited - India
- IEA Clean Coal Centre - UK
- Chamber of Mines of South Africa
- Kapuas Tunggal Persada - Indonesia
- Georgia Ports Authority, United States
- Indika Energy - Indonesia
- MS Steel International - UAE
- Economic Council, Georgia
- Formosa Plastics Group - Taiwan
- Bhushan Steel Limited - India
- Bank of Tokyo Mitsubishi UFJ Ltd
- Leighton Contractors Pty Ltd - Australia
- Singapore Mercantile Exchange
- OPG Power Generation Pvt Ltd - India
- Alfred C Toepfer International GmbH - Germany
- Edison Trading Spa - Italy
- Carbofer General Trading SA - India
- Aboitiz Power Corporation - Philippines
- Parliament of New Zealand
- Commonwealth Bank - Australia
- Asmin Koalindo Tuhup - Indonesia
- ICICI Bank Limited - India
- Kideco Jaya Agung - Indonesia
- GAC Shipping (India) Pvt Ltd
- GMR Energy Limited - India
- Xindia Steels Limited - India
- Krishnapatnam Port Company Ltd. - India
- Mjunction Services Limited - India
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Antam Resourcindo - Indonesia
- Banpu Public Company Limited - Thailand
- Manunggal Multi Energi - Indonesia
- Jindal Steel & Power Ltd - India
- Merrill Lynch Commodities Europe
- South Luzon Thermal Energy Corporation
- IHS Mccloskey Coal Group - USA
- Kepco SPC Power Corporation, Philippines
- Iligan Light & Power Inc, Philippines
- Maharashtra Electricity Regulatory Commission - India
- The Treasury - Australian Government
- Makarim & Taira - Indonesia
- Bukit Makmur.PT - Indonesia
- Videocon Industries ltd - India
- Standard Chartered Bank - UAE
- White Energy Company Limited
- Indogreen Group - Indonesia
- Ministry of Transport, Egypt
- Eastern Energy - Thailand
- Petron Corporation, Philippines
- Global Green Power PLC Corporation, Philippines
- GN Power Mariveles Coal Plant, Philippines
- Renaissance Capital - South Africa
- Meralco Power Generation, Philippines
- Latin American Coal - Colombia
- Larsen & Toubro Limited - India
- Jaiprakash Power Ventures ltd
- Australian Commodity Traders Exchange
- VISA Power Limited - India
- Attock Cement Pakistan Limited
- Cement Manufacturers Association - India
- Bangladesh Power Developement Board
- Gujarat Sidhee Cement - India
- Coal and Oil Company - UAE
- Savvy Resources Ltd - HongKong
- Bulk Trading Sa - Switzerland
- Altura Mining Limited, Indonesia
- Interocean Group of Companies - India
- AsiaOL BioFuels Corp., Philippines
- Ceylon Electricity Board - Sri Lanka
- Bhatia International Limited - India
- Straits Asia Resources Limited - Singapore
- Vedanta Resources Plc - India
- Ministry of Mines - Canada
- Ind-Barath Power Infra Limited - India
- Sinarmas Energy and Mining - Indonesia
- Intertek Mineral Services - Indonesia
- Kohat Cement Company Ltd. - Pakistan
- Jorong Barutama Greston.PT - Indonesia
- Bhoruka Overseas - Indonesia
- Directorate Of Revenue Intelligence - India
- Africa Commodities Group - South Africa
- Wood Mackenzie - Singapore
- Medco Energi Mining Internasional
- Rio Tinto Coal - Australia
- Minerals Council of Australia
- Electricity Authority, New Zealand
- Salva Resources Pvt Ltd - India
- Aditya Birla Group - India
- Wilmar Investment Holdings
- Cigading International Bulk Terminal - Indonesia
- Energy Link Ltd, New Zealand
- Eastern Coal Council - USA
- SMG Consultants - Indonesia
- Semirara Mining and Power Corporation, Philippines
- The University of Queensland
- Goldman Sachs - Singapore
- Asia Pacific Energy Resources Ventures Inc, Philippines
- India Bulls Power Limited - India
- Indo Tambangraya Megah - Indonesia
- CIMB Investment Bank - Malaysia
- Karaikal Port Pvt Ltd - India
- PNOC Exploration Corporation - Philippines
- TeaM Sual Corporation - Philippines
- Indonesian Coal Mining Association
- McConnell Dowell - Australia
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Bharathi Cement Corporation - India
- Kobexindo Tractors - Indoneisa
- Toyota Tsusho Corporation, Japan
- Sarangani Energy Corporation, Philippines
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Ambuja Cements Ltd - India
- Vijayanagar Sugar Pvt Ltd - India
- Directorate General of MIneral and Coal - Indonesia
- PTC India Limited - India
- Parry Sugars Refinery, India
- Kumho Petrochemical, South Korea
- San Jose City I Power Corp, Philippines
- Global Business Power Corporation, Philippines
- SN Aboitiz Power Inc, Philippines
- Bukit Baiduri Energy - Indonesia
- SMC Global Power, Philippines
- Sindya Power Generating Company Private Ltd
- Dalmia Cement Bharat India
- Meenaskhi Energy Private Limited - India
- Karbindo Abesyapradhi - Indoneisa
- Power Finance Corporation Ltd., India
- Central Java Power - Indonesia
- Orica Mining Services - Indonesia
- Port Waratah Coal Services - Australia
- Australian Coal Association
- The State Trading Corporation of India Ltd
- CNBM International Corporation - China
- Kalimantan Lumbung Energi - Indonesia
- Metalloyd Limited - United Kingdom
- Energy Development Corp, Philippines
- Globalindo Alam Lestari - Indonesia
- Electricity Generating Authority of Thailand
- Coalindo Energy - Indonesia
- Gujarat Mineral Development Corp Ltd - India
- Siam City Cement PLC, Thailand
- Orica Australia Pty. Ltd.
- Essar Steel Hazira Ltd - India
- Bayan Resources Tbk. - Indonesia
- Bahari Cakrawala Sebuku - Indonesia
- Mercuria Energy - Indonesia
- Star Paper Mills Limited - India
- PowerSource Philippines DevCo
- Therma Luzon, Inc, Philippines
- Mintek Dendrill Indonesia
- Baramulti Group, Indonesia
- Central Electricity Authority - India
- Grasim Industreis Ltd - India
- Indian Energy Exchange, India
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