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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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Monday, 19 December 22
ENERGY CRISIS FUELS COAL COMEBACK IN GERMANY - REUTERS
Coal has made a comeback in Germany this year, as Europe’s largest economy turns to the dirty fuel to power it through an energy crisis.
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Thursday, 15 December 22
MARKET INSIGHT - INTERMODAL
While observing the ship repair market very close to the end of the year, we are confident that shipyards worldwide are entering a new era. The nex ...
Tuesday, 13 December 22
STRONG COAL PRICES SUPPORT ROBUST EARNINGS AT INDONESIAN COAL MINERS - FITCH RATINGS
Fitch Ratings expects cash flow generation at Indonesian coal miners to remain strong in 2023, based on its forecast for coal prices to remain high ...
Tuesday, 13 December 22
BIMCO CII CLAUSE FINALLY RELEASED: DOES IT MAKE ANY SENSE OF CCI? - WFW
WHAT IS CII?
The new International Maritime Organisation’s (“IMO’s”) Carbon Intensity Indicator (“CII”) cer ...
Tuesday, 13 December 22
COAL BASE RAMPS UP ENERGY SUPPLY FOR WINTER NEEDS - XINHUA
Inner Mongolia Autonomous Region, China’s leading coal production base, has kicked its production into high gear to meet heating needs as col ...
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- Central Electricity Authority - India
- Krishnapatnam Port Company Ltd. - India
- Ind-Barath Power Infra Limited - India
- Agrawal Coal Company - India
- Coastal Gujarat Power Limited - India
- Gujarat Mineral Development Corp Ltd - India
- Billiton Holdings Pty Ltd - Australia
- Thiess Contractors Indonesia
- Timah Investasi Mineral - Indoneisa
- Directorate General of MIneral and Coal - Indonesia
- Madhucon Powers Ltd - India
- Sinarmas Energy and Mining - Indonesia
- Jaiprakash Power Ventures ltd
- CNBM International Corporation - China
- Miang Besar Coal Terminal - Indonesia
- Kepco SPC Power Corporation, Philippines
- Formosa Plastics Group - Taiwan
- Sakthi Sugars Limited - India
- GVK Power & Infra Limited - India
- Indian Oil Corporation Limited
- Orica Australia Pty. Ltd.
- Antam Resourcindo - Indonesia
- Heidelberg Cement - Germany
- Interocean Group of Companies - India
- Rio Tinto Coal - Australia
- Binh Thuan Hamico - Vietnam
- GAC Shipping (India) Pvt Ltd
- Lanco Infratech Ltd - India
- Simpson Spence & Young - Indonesia
- Bulk Trading Sa - Switzerland
- Bukit Asam (Persero) Tbk - Indonesia
- TNB Fuel Sdn Bhd - Malaysia
- Indian Energy Exchange, India
- CIMB Investment Bank - Malaysia
- Goldman Sachs - Singapore
- Mercuria Energy - Indonesia
- Vedanta Resources Plc - India
- Parry Sugars Refinery, India
- Indo Tambangraya Megah - Indonesia
- Star Paper Mills Limited - India
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Kobexindo Tractors - Indoneisa
- Asmin Koalindo Tuhup - Indonesia
- LBH Netherlands Bv - Netherlands
- Intertek Mineral Services - Indonesia
- Leighton Contractors Pty Ltd - Australia
- Tata Chemicals Ltd - India
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Petrochimia International Co. Ltd.- Taiwan
- Essar Steel Hazira Ltd - India
- Planning Commission, India
- PetroVietnam Power Coal Import and Supply Company
- Kaltim Prima Coal - Indonesia
- Kapuas Tunggal Persada - Indonesia
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Mintek Dendrill Indonesia
- Samtan Co., Ltd - South Korea
- The University of Queensland
- Global Business Power Corporation, Philippines
- Electricity Authority, New Zealand
- Meralco Power Generation, Philippines
- Siam City Cement - Thailand
- Minerals Council of Australia
- Independent Power Producers Association of India
- Cement Manufacturers Association - India
- GMR Energy Limited - India
- Grasim Industreis Ltd - India
- Wood Mackenzie - Singapore
- Directorate Of Revenue Intelligence - India
- Romanian Commodities Exchange
- Offshore Bulk Terminal Pte Ltd, Singapore
- Oldendorff Carriers - Singapore
- Australian Coal Association
- Coal and Oil Company - UAE
- Petron Corporation, Philippines
- Bahari Cakrawala Sebuku - Indonesia
- Semirara Mining and Power Corporation, Philippines
- GN Power Mariveles Coal Plant, Philippines
- Iligan Light & Power Inc, Philippines
- Cigading International Bulk Terminal - Indonesia
- Electricity Generating Authority of Thailand
- The Treasury - Australian Government
- Kohat Cement Company Ltd. - Pakistan
- Global Coal Blending Company Limited - Australia
- Mercator Lines Limited - India
- Gujarat Sidhee Cement - India
- Dalmia Cement Bharat India
- Borneo Indobara - Indonesia
- Bhoruka Overseas - Indonesia
- Uttam Galva Steels Limited - India
- Sindya Power Generating Company Private Ltd
- London Commodity Brokers - England
- Asia Pacific Energy Resources Ventures Inc, Philippines
- ASAPP Information Group - India
- Sarangani Energy Corporation, Philippines
- OPG Power Generation Pvt Ltd - India
- Kumho Petrochemical, South Korea
- Jorong Barutama Greston.PT - Indonesia
- Bank of Tokyo Mitsubishi UFJ Ltd
- Semirara Mining Corp, Philippines
- MS Steel International - UAE
- Orica Mining Services - Indonesia
- Latin American Coal - Colombia
- San Jose City I Power Corp, Philippines
- SMC Global Power, Philippines
- McConnell Dowell - Australia
- Indonesian Coal Mining Association
- Thai Mozambique Logistica
- Trasteel International SA, Italy
- Ministry of Transport, Egypt
- Altura Mining Limited, Indonesia
- New Zealand Coal & Carbon
- IHS Mccloskey Coal Group - USA
- Karaikal Port Pvt Ltd - India
- Eastern Coal Council - USA
- Kartika Selabumi Mining - Indonesia
- Medco Energi Mining Internasional
- Siam City Cement PLC, Thailand
- PTC India Limited - India
- TeaM Sual Corporation - Philippines
- Bangladesh Power Developement Board
- Meenaskhi Energy Private Limited - India
- PowerSource Philippines DevCo
- Coalindo Energy - Indonesia
- Malabar Cements Ltd - India
- Maheswari Brothers Coal Limited - India
- Sical Logistics Limited - India
- Vizag Seaport Private Limited - India
- Bukit Makmur.PT - Indonesia
- White Energy Company Limited
- Tamil Nadu electricity Board
- Parliament of New Zealand
- Straits Asia Resources Limited - Singapore
- India Bulls Power Limited - India
- Holcim Trading Pte Ltd - Singapore
- IEA Clean Coal Centre - UK
- Savvy Resources Ltd - HongKong
- Xindia Steels Limited - India
- Aditya Birla Group - India
- Aboitiz Power Corporation - Philippines
- Kideco Jaya Agung - Indonesia
- Economic Council, Georgia
- Toyota Tsusho Corporation, Japan
- Indogreen Group - Indonesia
- South Luzon Thermal Energy Corporation
- Eastern Energy - Thailand
- Bhatia International Limited - India
- Marubeni Corporation - India
- Manunggal Multi Energi - Indonesia
- Neyveli Lignite Corporation Ltd, - India
- Commonwealth Bank - Australia
- Alfred C Toepfer International GmbH - Germany
- Videocon Industries ltd - India
- Ministry of Mines - Canada
- Wilmar Investment Holdings
- Attock Cement Pakistan Limited
- Vijayanagar Sugar Pvt Ltd - India
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Riau Bara Harum - Indonesia
- Maharashtra Electricity Regulatory Commission - India
- Merrill Lynch Commodities Europe
- Salva Resources Pvt Ltd - India
- Edison Trading Spa - Italy
- Ministry of Finance - Indonesia
- Chamber of Mines of South Africa
- The State Trading Corporation of India Ltd
- International Coal Ventures Pvt Ltd - India
- Standard Chartered Bank - UAE
- Baramulti Group, Indonesia
- Deloitte Consulting - India
- Bayan Resources Tbk. - Indonesia
- Africa Commodities Group - South Africa
- Renaissance Capital - South Africa
- Therma Luzon, Inc, Philippines
- Karbindo Abesyapradhi - Indoneisa
- Indika Energy - Indonesia
- Ambuja Cements Ltd - India
- Jindal Steel & Power Ltd - India
- Pendopo Energi Batubara - Indonesia
- Singapore Mercantile Exchange
- Chettinad Cement Corporation Ltd - India
- SMG Consultants - Indonesia
- Bhushan Steel Limited - India
- Sojitz Corporation - Japan
- Rashtriya Ispat Nigam Limited - India
- Makarim & Taira - Indonesia
- Energy Development Corp, Philippines
- Australian Commodity Traders Exchange
- Mjunction Services Limited - India
- Price Waterhouse Coopers - Russia
- Globalindo Alam Lestari - Indonesia
- Posco Energy - South Korea
- Bukit Baiduri Energy - Indonesia
- Metalloyd Limited - United Kingdom
- SN Aboitiz Power Inc, Philippines
- Larsen & Toubro Limited - India
- Energy Link Ltd, New Zealand
- Carbofer General Trading SA - India
- VISA Power Limited - India
- Ceylon Electricity Board - Sri Lanka
- Kalimantan Lumbung Energi - Indonesia
- Power Finance Corporation Ltd., India
- Georgia Ports Authority, United States
- Barasentosa Lestari - Indonesia
- Anglo American - United Kingdom
- Port Waratah Coal Services - Australia
- European Bulk Services B.V. - Netherlands
- Pipit Mutiara Jaya. PT, Indonesia
- ICICI Bank Limited - India
- AsiaOL BioFuels Corp., Philippines
- PNOC Exploration Corporation - Philippines
- Bharathi Cement Corporation - India
- Banpu Public Company Limited - Thailand
- Central Java Power - Indonesia
- Gujarat Electricity Regulatory Commission - India
- Sree Jayajothi Cements Limited - India
- Global Green Power PLC Corporation, Philippines
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