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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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Sunday, 22 July 12
NEW CHAIRMAN FOR AUSTRALIAN COAL ASSOCIATION
The Australian Coal Association (ACA) announced that Mr Ross Willims has been appointed as its new independent Chairman effective November 5 2012. M ...
Sunday, 22 July 12
CENTRAL KALIMANTAN COAL RAILWAY NETWORK WILL BE BUILT BY 2015 - THE BORNEO POST
The borneo post reported that, a declaration to build a coal railway network is signed today (12/07/2012) in front of the Indonesian Vice President ...
Sunday, 22 July 12
COAL PRICES IN MIXED TRENDS; STOCKS REMAIN HIGH AT BOTH ENDS
COALspot.com - Sub-Bit Indonesia coal swaps (FOB ) for September 2012 delivery fell 0.99 percent on last Friday closing (d-o-d) and 1.19 percent com ...
Sunday, 22 July 12
TATA POWER SIGNS A LONG TERM COAL SUPPLY AGREEMENT WITH PT ANTANG GUNUNG MERATUS, INDONESIA
COALspot.com - Tata Power, India’s largest integrated power utility, last Friday announced that it has signed a long term coal suppl ...
Saturday, 21 July 12
THE FREIGHT RATES ARE EXPECTED TO BE FLAT TO SOFT NEXT WEEK - VISTAAR
COALspot.com - The freight market was soft this week as all the segments were down.
The BDI was down by 6.58 pct closing at 1,037 points and the ...
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- Essar Steel Hazira Ltd - India
- Vijayanagar Sugar Pvt Ltd - India
- Kalimantan Lumbung Energi - Indonesia
- GAC Shipping (India) Pvt Ltd
- Orica Mining Services - Indonesia
- Africa Commodities Group - South Africa
- Indian Energy Exchange, India
- Dalmia Cement Bharat India
- Bulk Trading Sa - Switzerland
- Bukit Makmur.PT - Indonesia
- Trasteel International SA, Italy
- Deloitte Consulting - India
- GN Power Mariveles Coal Plant, Philippines
- Electricity Authority, New Zealand
- Latin American Coal - Colombia
- Pendopo Energi Batubara - Indonesia
- Gujarat Electricity Regulatory Commission - India
- Kobexindo Tractors - Indoneisa
- Renaissance Capital - South Africa
- Jorong Barutama Greston.PT - Indonesia
- Global Business Power Corporation, Philippines
- Aditya Birla Group - India
- India Bulls Power Limited - India
- Aboitiz Power Corporation - Philippines
- Globalindo Alam Lestari - Indonesia
- Central Java Power - Indonesia
- Savvy Resources Ltd - HongKong
- Simpson Spence & Young - Indonesia
- Bhoruka Overseas - Indonesia
- Pipit Mutiara Jaya. PT, Indonesia
- Independent Power Producers Association of India
- Commonwealth Bank - Australia
- New Zealand Coal & Carbon
- Thai Mozambique Logistica
- Indo Tambangraya Megah - Indonesia
- Directorate General of MIneral and Coal - Indonesia
- Indogreen Group - Indonesia
- International Coal Ventures Pvt Ltd - India
- San Jose City I Power Corp, Philippines
- Bukit Baiduri Energy - Indonesia
- Vedanta Resources Plc - India
- Semirara Mining Corp, Philippines
- Bayan Resources Tbk. - Indonesia
- Bharathi Cement Corporation - India
- Sical Logistics Limited - India
- Straits Asia Resources Limited - Singapore
- McConnell Dowell - Australia
- Merrill Lynch Commodities Europe
- TNB Fuel Sdn Bhd - Malaysia
- Toyota Tsusho Corporation, Japan
- Star Paper Mills Limited - India
- Rashtriya Ispat Nigam Limited - India
- Edison Trading Spa - Italy
- Indika Energy - Indonesia
- Gujarat Sidhee Cement - India
- Ministry of Transport, Egypt
- Ceylon Electricity Board - Sri Lanka
- Coal and Oil Company - UAE
- Chettinad Cement Corporation Ltd - India
- Billiton Holdings Pty Ltd - Australia
- The Treasury - Australian Government
- Sinarmas Energy and Mining - Indonesia
- Chamber of Mines of South Africa
- Jaiprakash Power Ventures ltd
- OPG Power Generation Pvt Ltd - India
- Standard Chartered Bank - UAE
- PowerSource Philippines DevCo
- Tata Chemicals Ltd - India
- Oldendorff Carriers - Singapore
- Meralco Power Generation, Philippines
- Siam City Cement - Thailand
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Bank of Tokyo Mitsubishi UFJ Ltd
- Attock Cement Pakistan Limited
- London Commodity Brokers - England
- Bhatia International Limited - India
- Siam City Cement PLC, Thailand
- Kepco SPC Power Corporation, Philippines
- Georgia Ports Authority, United States
- Binh Thuan Hamico - Vietnam
- Baramulti Group, Indonesia
- Anglo American - United Kingdom
- CIMB Investment Bank - Malaysia
- Uttam Galva Steels Limited - India
- SMC Global Power, Philippines
- Larsen & Toubro Limited - India
- Global Coal Blending Company Limited - Australia
- Lanco Infratech Ltd - India
- European Bulk Services B.V. - Netherlands
- Timah Investasi Mineral - Indoneisa
- Heidelberg Cement - Germany
- Ministry of Mines - Canada
- White Energy Company Limited
- Energy Development Corp, Philippines
- Sojitz Corporation - Japan
- Coastal Gujarat Power Limited - India
- Cigading International Bulk Terminal - Indonesia
- Central Electricity Authority - India
- Singapore Mercantile Exchange
- South Luzon Thermal Energy Corporation
- The State Trading Corporation of India Ltd
- Parry Sugars Refinery, India
- Therma Luzon, Inc, Philippines
- Bahari Cakrawala Sebuku - Indonesia
- Coalindo Energy - Indonesia
- Offshore Bulk Terminal Pte Ltd, Singapore
- Grasim Industreis Ltd - India
- Mercator Lines Limited - India
- Jindal Steel & Power Ltd - India
- Port Waratah Coal Services - Australia
- Ministry of Finance - Indonesia
- Eastern Coal Council - USA
- Salva Resources Pvt Ltd - India
- Leighton Contractors Pty Ltd - Australia
- Indian Oil Corporation Limited
- Xindia Steels Limited - India
- Marubeni Corporation - India
- Iligan Light & Power Inc, Philippines
- PNOC Exploration Corporation - Philippines
- Semirara Mining and Power Corporation, Philippines
- Tamil Nadu electricity Board
- Eastern Energy - Thailand
- Orica Australia Pty. Ltd.
- PetroVietnam Power Coal Import and Supply Company
- Medco Energi Mining Internasional
- Posco Energy - South Korea
- Carbofer General Trading SA - India
- Bhushan Steel Limited - India
- Antam Resourcindo - Indonesia
- CNBM International Corporation - China
- Kaltim Prima Coal - Indonesia
- Mjunction Services Limited - India
- Sarangani Energy Corporation, Philippines
- Alfred C Toepfer International GmbH - Germany
- Asmin Koalindo Tuhup - Indonesia
- The University of Queensland
- ASAPP Information Group - India
- Power Finance Corporation Ltd., India
- GVK Power & Infra Limited - India
- Bangladesh Power Developement Board
- Minerals Council of Australia
- Petrochimia International Co. Ltd.- Taiwan
- Riau Bara Harum - Indonesia
- Manunggal Multi Energi - Indonesia
- Metalloyd Limited - United Kingdom
- Banpu Public Company Limited - Thailand
- Petron Corporation, Philippines
- Directorate Of Revenue Intelligence - India
- Holcim Trading Pte Ltd - Singapore
- VISA Power Limited - India
- Ind-Barath Power Infra Limited - India
- Indonesian Coal Mining Association
- Electricity Generating Authority of Thailand
- Karaikal Port Pvt Ltd - India
- Altura Mining Limited, Indonesia
- Interocean Group of Companies - India
- Sree Jayajothi Cements Limited - India
- Parliament of New Zealand
- LBH Netherlands Bv - Netherlands
- Madhucon Powers Ltd - India
- Wood Mackenzie - Singapore
- Mercuria Energy - Indonesia
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Borneo Indobara - Indonesia
- AsiaOL BioFuels Corp., Philippines
- IHS Mccloskey Coal Group - USA
- Krishnapatnam Port Company Ltd. - India
- Economic Council, Georgia
- PTC India Limited - India
- Kohat Cement Company Ltd. - Pakistan
- Formosa Plastics Group - Taiwan
- Samtan Co., Ltd - South Korea
- TeaM Sual Corporation - Philippines
- Energy Link Ltd, New Zealand
- Meenaskhi Energy Private Limited - India
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Agrawal Coal Company - India
- Karbindo Abesyapradhi - Indoneisa
- Vizag Seaport Private Limited - India
- Goldman Sachs - Singapore
- Barasentosa Lestari - Indonesia
- Planning Commission, India
- Maharashtra Electricity Regulatory Commission - India
- Global Green Power PLC Corporation, Philippines
- Price Waterhouse Coopers - Russia
- IEA Clean Coal Centre - UK
- Cement Manufacturers Association - India
- Videocon Industries ltd - India
- Sindya Power Generating Company Private Ltd
- Malabar Cements Ltd - India
- Intertek Mineral Services - Indonesia
- Ambuja Cements Ltd - India
- Rio Tinto Coal - Australia
- Mintek Dendrill Indonesia
- Australian Coal Association
- Kapuas Tunggal Persada - Indonesia
- Kideco Jaya Agung - Indonesia
- Maheswari Brothers Coal Limited - India
- SN Aboitiz Power Inc, Philippines
- Sakthi Sugars Limited - India
- Neyveli Lignite Corporation Ltd, - India
- Kartika Selabumi Mining - Indonesia
- Australian Commodity Traders Exchange
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Wilmar Investment Holdings
- Makarim & Taira - Indonesia
- ICICI Bank Limited - India
- Miang Besar Coal Terminal - Indonesia
- Romanian Commodities Exchange
- Gujarat Mineral Development Corp Ltd - India
- Thiess Contractors Indonesia
- Kumho Petrochemical, South Korea
- SMG Consultants - Indonesia
- GMR Energy Limited - India
- MS Steel International - UAE
- Bukit Asam (Persero) Tbk - Indonesia
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
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