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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, 26 January 23
AUSTRALIA'S CORONADO GLOBAL SEES COAL PRICES RISING ON RESUMING CHINA IMPORTS - REUTERS
Australia’s Coronado Global Resources said on Tuesday resuming metallurgical coal imports to China would likely push sea-borne coal prices hi ...
Monday, 23 January 23
CHINA'S MAJOR COAL-PRODUCING PROVINCE ACCELERATES DIGITAL TRANSFORMATION - XINHUA
At Chindata Group’s big-data industrial park in Lingqiu County of Datong City, hundreds of thousands of servers are running round-the-clock t ...
Monday, 23 January 23
CHINA'S COAL-RICH PROVINCE SEES COAL PRODUCTION INCREASE IN 2022 - XINHUA
North China’s coal-rich province of Shanxi saw its coal production hit 1.31 billion tonnes in 2022, up 8.7 percent year on year, local author ...
Wednesday, 18 January 23
MARKET INSIGHT - INTERMODAL
From Feb 5, another price cap will be introduced to Russian fuels and oil products, adding to the one for crude oil, already in place from Dec. 3. ...
Tuesday, 17 January 23
FRAUD IS THE BIGGEST THREAT TO CARGO LOSSES - TT CLUB
The almost exclusive use of online facilities to process business transactions allows a myriad of fraudulent pursuits to find opportunities within ...
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- Ceylon Electricity Board - Sri Lanka
- Toyota Tsusho Corporation, Japan
- Parliament of New Zealand
- Lanco Infratech Ltd - India
- Oldendorff Carriers - Singapore
- MS Steel International - UAE
- Bukit Makmur.PT - Indonesia
- CIMB Investment Bank - Malaysia
- Xindia Steels Limited - India
- Economic Council, Georgia
- Indian Energy Exchange, India
- CNBM International Corporation - China
- Indogreen Group - Indonesia
- Petron Corporation, Philippines
- Kartika Selabumi Mining - Indonesia
- Aditya Birla Group - India
- McConnell Dowell - Australia
- Minerals Council of Australia
- Kapuas Tunggal Persada - Indonesia
- Banpu Public Company Limited - Thailand
- Interocean Group of Companies - India
- Samtan Co., Ltd - South Korea
- Marubeni Corporation - India
- Agrawal Coal Company - India
- The State Trading Corporation of India Ltd
- Petrochimia International Co. Ltd.- Taiwan
- Aboitiz Power Corporation - Philippines
- Indo Tambangraya Megah - Indonesia
- Ind-Barath Power Infra Limited - India
- Energy Development Corp, Philippines
- Metalloyd Limited - United Kingdom
- Bharathi Cement Corporation - India
- Offshore Bulk Terminal Pte Ltd, Singapore
- White Energy Company Limited
- Thai Mozambique Logistica
- Coal and Oil Company - UAE
- Meralco Power Generation, Philippines
- Edison Trading Spa - Italy
- Larsen & Toubro Limited - India
- Sinarmas Energy and Mining - Indonesia
- Riau Bara Harum - Indonesia
- Meenaskhi Energy Private Limited - India
- Grasim Industreis Ltd - India
- Simpson Spence & Young - Indonesia
- Goldman Sachs - Singapore
- Medco Energi Mining Internasional
- Sakthi Sugars Limited - India
- Intertek Mineral Services - Indonesia
- Energy Link Ltd, New Zealand
- Power Finance Corporation Ltd., India
- Trasteel International SA, Italy
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Altura Mining Limited, Indonesia
- Gujarat Sidhee Cement - India
- Vedanta Resources Plc - India
- VISA Power Limited - India
- Rashtriya Ispat Nigam Limited - India
- Electricity Generating Authority of Thailand
- SMC Global Power, Philippines
- Bulk Trading Sa - Switzerland
- Ministry of Transport, Egypt
- Chettinad Cement Corporation Ltd - India
- Indonesian Coal Mining Association
- GVK Power & Infra Limited - India
- GN Power Mariveles Coal Plant, Philippines
- Sojitz Corporation - Japan
- Bank of Tokyo Mitsubishi UFJ Ltd
- Kaltim Prima Coal - Indonesia
- Gujarat Electricity Regulatory Commission - India
- Dalmia Cement Bharat India
- Parry Sugars Refinery, India
- PTC India Limited - India
- Directorate Of Revenue Intelligence - India
- Global Business Power Corporation, Philippines
- Kepco SPC Power Corporation, Philippines
- IHS Mccloskey Coal Group - USA
- International Coal Ventures Pvt Ltd - India
- Gujarat Mineral Development Corp Ltd - India
- Port Waratah Coal Services - Australia
- Indian Oil Corporation Limited
- Asmin Koalindo Tuhup - Indonesia
- GAC Shipping (India) Pvt Ltd
- Globalindo Alam Lestari - Indonesia
- Electricity Authority, New Zealand
- Kohat Cement Company Ltd. - Pakistan
- PNOC Exploration Corporation - Philippines
- Bukit Asam (Persero) Tbk - Indonesia
- Cigading International Bulk Terminal - Indonesia
- Krishnapatnam Port Company Ltd. - India
- Mercuria Energy - Indonesia
- Mercator Lines Limited - India
- Karaikal Port Pvt Ltd - India
- Maharashtra Electricity Regulatory Commission - India
- Pipit Mutiara Jaya. PT, Indonesia
- Jindal Steel & Power Ltd - India
- Makarim & Taira - Indonesia
- Star Paper Mills Limited - India
- Renaissance Capital - South Africa
- Borneo Indobara - Indonesia
- New Zealand Coal & Carbon
- Sical Logistics Limited - India
- AsiaOL BioFuels Corp., Philippines
- ICICI Bank Limited - India
- Kumho Petrochemical, South Korea
- Baramulti Group, Indonesia
- Ministry of Finance - Indonesia
- Timah Investasi Mineral - Indoneisa
- Georgia Ports Authority, United States
- Kalimantan Lumbung Energi - Indonesia
- Siam City Cement PLC, Thailand
- Central Java Power - Indonesia
- Maheswari Brothers Coal Limited - India
- India Bulls Power Limited - India
- Rio Tinto Coal - Australia
- San Jose City I Power Corp, Philippines
- Semirara Mining Corp, Philippines
- Anglo American - United Kingdom
- Madhucon Powers Ltd - India
- Manunggal Multi Energi - Indonesia
- Bangladesh Power Developement Board
- PowerSource Philippines DevCo
- Salva Resources Pvt Ltd - India
- SMG Consultants - Indonesia
- South Luzon Thermal Energy Corporation
- OPG Power Generation Pvt Ltd - India
- The Treasury - Australian Government
- European Bulk Services B.V. - Netherlands
- Straits Asia Resources Limited - Singapore
- Global Coal Blending Company Limited - Australia
- Australian Coal Association
- Billiton Holdings Pty Ltd - Australia
- Semirara Mining and Power Corporation, Philippines
- Miang Besar Coal Terminal - Indonesia
- Leighton Contractors Pty Ltd - Australia
- Malabar Cements Ltd - India
- PetroVietnam Power Coal Import and Supply Company
- Bhoruka Overseas - Indonesia
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Planning Commission, India
- Tata Chemicals Ltd - India
- Price Waterhouse Coopers - Russia
- Coalindo Energy - Indonesia
- Pendopo Energi Batubara - Indonesia
- SN Aboitiz Power Inc, Philippines
- Jorong Barutama Greston.PT - Indonesia
- Neyveli Lignite Corporation Ltd, - India
- Global Green Power PLC Corporation, Philippines
- Antam Resourcindo - Indonesia
- Essar Steel Hazira Ltd - India
- Kobexindo Tractors - Indoneisa
- Siam City Cement - Thailand
- Mintek Dendrill Indonesia
- Therma Luzon, Inc, Philippines
- Central Electricity Authority - India
- TNB Fuel Sdn Bhd - Malaysia
- London Commodity Brokers - England
- Eastern Energy - Thailand
- IEA Clean Coal Centre - UK
- Iligan Light & Power Inc, Philippines
- Commonwealth Bank - Australia
- Australian Commodity Traders Exchange
- Merrill Lynch Commodities Europe
- Deloitte Consulting - India
- Coastal Gujarat Power Limited - India
- Jaiprakash Power Ventures ltd
- Latin American Coal - Colombia
- Alfred C Toepfer International GmbH - Germany
- Sindya Power Generating Company Private Ltd
- Vijayanagar Sugar Pvt Ltd - India
- Bhatia International Limited - India
- Kideco Jaya Agung - Indonesia
- Videocon Industries ltd - India
- Barasentosa Lestari - Indonesia
- LBH Netherlands Bv - Netherlands
- Chamber of Mines of South Africa
- Carbofer General Trading SA - India
- TeaM Sual Corporation - Philippines
- Singapore Mercantile Exchange
- Directorate General of MIneral and Coal - Indonesia
- Eastern Coal Council - USA
- Africa Commodities Group - South Africa
- Orica Australia Pty. Ltd.
- Uttam Galva Steels Limited - India
- Karbindo Abesyapradhi - Indoneisa
- Ministry of Mines - Canada
- Indika Energy - Indonesia
- Bahari Cakrawala Sebuku - Indonesia
- Wood Mackenzie - Singapore
- Standard Chartered Bank - UAE
- Binh Thuan Hamico - Vietnam
- Formosa Plastics Group - Taiwan
- Mjunction Services Limited - India
- Orica Mining Services - Indonesia
- Bayan Resources Tbk. - Indonesia
- Bukit Baiduri Energy - Indonesia
- Posco Energy - South Korea
- Tamil Nadu electricity Board
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Ambuja Cements Ltd - India
- Holcim Trading Pte Ltd - Singapore
- Romanian Commodities Exchange
- ASAPP Information Group - India
- Sarangani Energy Corporation, Philippines
- Bhushan Steel Limited - India
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Vizag Seaport Private Limited - India
- The University of Queensland
- GMR Energy Limited - India
- Savvy Resources Ltd - HongKong
- Independent Power Producers Association of India
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Sree Jayajothi Cements Limited - India
- Thiess Contractors Indonesia
- Attock Cement Pakistan Limited
- Heidelberg Cement - Germany
- Wilmar Investment Holdings
- Cement Manufacturers Association - India
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