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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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Saturday, 18 February 23
PAKISTAN PLANS TO QUADRUPLE DOMESTIC COAL-FIRED POWER, MOVE AWAY FROM GAS - REUTERS
Pakistan plans to quadruple its domestic coal-fired capacity to reduce power generation costs and will not build new gas-fired plants in the coming ...
Saturday, 18 February 23
2023 MARINE FUEL MARKET PREDICTIONS - JOHN BERGMAN, AURAMARINE
The drive for decarbonisation we witnessed in 2022 has continued into 2023, demonstrating the shipping’s industry positive strides in the fas ...
Saturday, 28 January 23
COAL GROWTH BLIP NOT TO BE REPEATED - BALTIC EXCHANGE
As 2022 drew to a close, global coal demand looked set to end the year just 1.2% up on the previous year. But that small increase was enough to pus ...
Thursday, 26 January 23
CHINA'S COAL OUTPUT INCREASES IN DECEMBER 2022 - XINHUA
China’s raw coal output posted stable expansion in December 2022, official data showed.
The country produced 400 million tonne ...
Thursday, 26 January 23
COKING COAL NARROWS THE GAP ON THERMAL AS CHINA REOPENS - REUTERS
The premium of high-grade thermal coal over coking coal in Asia is shrinking as China’s re-opening and ending of a ban on imports from Austra ...
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- Aboitiz Power Corporation - Philippines
- Sojitz Corporation - Japan
- Straits Asia Resources Limited - Singapore
- Kartika Selabumi Mining - Indonesia
- Thiess Contractors Indonesia
- Maheswari Brothers Coal Limited - India
- Energy Development Corp, Philippines
- McConnell Dowell - Australia
- ASAPP Information Group - India
- Ministry of Mines - Canada
- SMG Consultants - Indonesia
- Dalmia Cement Bharat India
- Interocean Group of Companies - India
- GN Power Mariveles Coal Plant, Philippines
- PetroVietnam Power Coal Import and Supply Company
- Larsen & Toubro Limited - India
- Bhoruka Overseas - Indonesia
- Altura Mining Limited, Indonesia
- Indogreen Group - Indonesia
- Bayan Resources Tbk. - Indonesia
- Alfred C Toepfer International GmbH - Germany
- Krishnapatnam Port Company Ltd. - India
- GVK Power & Infra Limited - India
- Cigading International Bulk Terminal - Indonesia
- Vedanta Resources Plc - India
- Iligan Light & Power Inc, Philippines
- Xindia Steels Limited - India
- Karaikal Port Pvt Ltd - India
- Kapuas Tunggal Persada - Indonesia
- Savvy Resources Ltd - HongKong
- Electricity Authority, New Zealand
- Kobexindo Tractors - Indoneisa
- International Coal Ventures Pvt Ltd - India
- Port Waratah Coal Services - Australia
- London Commodity Brokers - England
- Siam City Cement - Thailand
- Mercuria Energy - Indonesia
- TeaM Sual Corporation - Philippines
- Kaltim Prima Coal - Indonesia
- IEA Clean Coal Centre - UK
- PTC India Limited - India
- The Treasury - Australian Government
- Sakthi Sugars Limited - India
- Australian Commodity Traders Exchange
- CNBM International Corporation - China
- Romanian Commodities Exchange
- Africa Commodities Group - South Africa
- IHS Mccloskey Coal Group - USA
- Sinarmas Energy and Mining - Indonesia
- Wood Mackenzie - Singapore
- Meralco Power Generation, Philippines
- Riau Bara Harum - Indonesia
- OPG Power Generation Pvt Ltd - India
- Heidelberg Cement - Germany
- Coal and Oil Company - UAE
- Mintek Dendrill Indonesia
- Borneo Indobara - Indonesia
- Bank of Tokyo Mitsubishi UFJ Ltd
- Chettinad Cement Corporation Ltd - India
- Parliament of New Zealand
- Karbindo Abesyapradhi - Indoneisa
- Kalimantan Lumbung Energi - Indonesia
- Independent Power Producers Association of India
- Indika Energy - Indonesia
- Manunggal Multi Energi - Indonesia
- Rio Tinto Coal - Australia
- Baramulti Group, Indonesia
- Semirara Mining and Power Corporation, Philippines
- Essar Steel Hazira Ltd - India
- Formosa Plastics Group - Taiwan
- Energy Link Ltd, New Zealand
- Chamber of Mines of South Africa
- Renaissance Capital - South Africa
- Gujarat Electricity Regulatory Commission - India
- Bangladesh Power Developement Board
- Intertek Mineral Services - Indonesia
- Sree Jayajothi Cements Limited - India
- Indian Energy Exchange, India
- Jorong Barutama Greston.PT - Indonesia
- Anglo American - United Kingdom
- Grasim Industreis Ltd - India
- Bulk Trading Sa - Switzerland
- Indonesian Coal Mining Association
- Pendopo Energi Batubara - Indonesia
- The University of Queensland
- PNOC Exploration Corporation - Philippines
- Global Coal Blending Company Limited - Australia
- White Energy Company Limited
- Uttam Galva Steels Limited - India
- Marubeni Corporation - India
- Directorate Of Revenue Intelligence - India
- Jindal Steel & Power Ltd - India
- Antam Resourcindo - Indonesia
- Videocon Industries ltd - India
- SMC Global Power, Philippines
- Goldman Sachs - Singapore
- Orica Australia Pty. Ltd.
- Indian Oil Corporation Limited
- Jaiprakash Power Ventures ltd
- Carbofer General Trading SA - India
- Neyveli Lignite Corporation Ltd, - India
- Commonwealth Bank - Australia
- Samtan Co., Ltd - South Korea
- Meenaskhi Energy Private Limited - India
- New Zealand Coal & Carbon
- South Luzon Thermal Energy Corporation
- AsiaOL BioFuels Corp., Philippines
- Tata Chemicals Ltd - India
- Bukit Baiduri Energy - Indonesia
- Wilmar Investment Holdings
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Sindya Power Generating Company Private Ltd
- Bhatia International Limited - India
- TNB Fuel Sdn Bhd - Malaysia
- Pipit Mutiara Jaya. PT, Indonesia
- Maharashtra Electricity Regulatory Commission - India
- Globalindo Alam Lestari - Indonesia
- Global Business Power Corporation, Philippines
- Vizag Seaport Private Limited - India
- Ambuja Cements Ltd - India
- Makarim & Taira - Indonesia
- Orica Mining Services - Indonesia
- Medco Energi Mining Internasional
- Star Paper Mills Limited - India
- Gujarat Mineral Development Corp Ltd - India
- Power Finance Corporation Ltd., India
- Rashtriya Ispat Nigam Limited - India
- Metalloyd Limited - United Kingdom
- Ministry of Transport, Egypt
- Planning Commission, India
- Mjunction Services Limited - India
- Trasteel International SA, Italy
- Minerals Council of Australia
- Kumho Petrochemical, South Korea
- Asmin Koalindo Tuhup - Indonesia
- LBH Netherlands Bv - Netherlands
- Posco Energy - South Korea
- Ministry of Finance - Indonesia
- Kepco SPC Power Corporation, Philippines
- India Bulls Power Limited - India
- Miang Besar Coal Terminal - Indonesia
- SN Aboitiz Power Inc, Philippines
- Merrill Lynch Commodities Europe
- Central Electricity Authority - India
- Gujarat Sidhee Cement - India
- Malabar Cements Ltd - India
- Salva Resources Pvt Ltd - India
- Vijayanagar Sugar Pvt Ltd - India
- Indo Tambangraya Megah - Indonesia
- Ceylon Electricity Board - Sri Lanka
- European Bulk Services B.V. - Netherlands
- Bahari Cakrawala Sebuku - Indonesia
- Coalindo Energy - Indonesia
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- San Jose City I Power Corp, Philippines
- Deloitte Consulting - India
- Georgia Ports Authority, United States
- Kideco Jaya Agung - Indonesia
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- The State Trading Corporation of India Ltd
- Simpson Spence & Young - Indonesia
- Coastal Gujarat Power Limited - India
- Cement Manufacturers Association - India
- CIMB Investment Bank - Malaysia
- Holcim Trading Pte Ltd - Singapore
- Eastern Energy - Thailand
- Bukit Makmur.PT - Indonesia
- Price Waterhouse Coopers - Russia
- Central Java Power - Indonesia
- VISA Power Limited - India
- Petron Corporation, Philippines
- Mercator Lines Limited - India
- Semirara Mining Corp, Philippines
- Aditya Birla Group - India
- Kohat Cement Company Ltd. - Pakistan
- Singapore Mercantile Exchange
- Global Green Power PLC Corporation, Philippines
- Bharathi Cement Corporation - India
- Banpu Public Company Limited - Thailand
- Leighton Contractors Pty Ltd - Australia
- Billiton Holdings Pty Ltd - Australia
- Attock Cement Pakistan Limited
- Electricity Generating Authority of Thailand
- Parry Sugars Refinery, India
- MS Steel International - UAE
- Edison Trading Spa - Italy
- Agrawal Coal Company - India
- Economic Council, Georgia
- Sical Logistics Limited - India
- Latin American Coal - Colombia
- Australian Coal Association
- Ind-Barath Power Infra Limited - India
- GAC Shipping (India) Pvt Ltd
- Madhucon Powers Ltd - India
- Binh Thuan Hamico - Vietnam
- Barasentosa Lestari - Indonesia
- Petrochimia International Co. Ltd.- Taiwan
- Timah Investasi Mineral - Indoneisa
- Standard Chartered Bank - UAE
- Siam City Cement PLC, Thailand
- Offshore Bulk Terminal Pte Ltd, Singapore
- Lanco Infratech Ltd - India
- Bhushan Steel Limited - India
- Tamil Nadu electricity Board
- Directorate General of MIneral and Coal - Indonesia
- Eastern Coal Council - USA
- PowerSource Philippines DevCo
- Oldendorff Carriers - Singapore
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- GMR Energy Limited - India
- Therma Luzon, Inc, Philippines
- Toyota Tsusho Corporation, Japan
- ICICI Bank Limited - India
- Sarangani Energy Corporation, Philippines
- Bukit Asam (Persero) Tbk - Indonesia
- Thai Mozambique Logistica
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