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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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- Bukit Makmur.PT - Indonesia
- Alfred C Toepfer International GmbH - Germany
- Petron Corporation, Philippines
- Asmin Koalindo Tuhup - Indonesia
- GN Power Mariveles Coal Plant, Philippines
- Pipit Mutiara Jaya. PT, Indonesia
- IEA Clean Coal Centre - UK
- Uttam Galva Steels Limited - India
- The University of Queensland
- Antam Resourcindo - Indonesia
- Savvy Resources Ltd - HongKong
- Wilmar Investment Holdings
- Siam City Cement - Thailand
- Parliament of New Zealand
- Jaiprakash Power Ventures ltd
- Jindal Steel & Power Ltd - India
- Indian Oil Corporation Limited
- San Jose City I Power Corp, Philippines
- India Bulls Power Limited - India
- Energy Link Ltd, New Zealand
- Kepco SPC Power Corporation, Philippines
- Sakthi Sugars Limited - India
- Larsen & Toubro Limited - India
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Posco Energy - South Korea
- SN Aboitiz Power Inc, Philippines
- Timah Investasi Mineral - Indoneisa
- Sree Jayajothi Cements Limited - India
- Orica Australia Pty. Ltd.
- The Treasury - Australian Government
- Eastern Coal Council - USA
- LBH Netherlands Bv - Netherlands
- Gujarat Sidhee Cement - India
- Orica Mining Services - Indonesia
- Semirara Mining Corp, Philippines
- Mjunction Services Limited - India
- Global Green Power PLC Corporation, Philippines
- Indonesian Coal Mining Association
- Carbofer General Trading SA - India
- Anglo American - United Kingdom
- Mercuria Energy - Indonesia
- Ambuja Cements Ltd - India
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Kartika Selabumi Mining - Indonesia
- Star Paper Mills Limited - India
- GMR Energy Limited - India
- Videocon Industries ltd - India
- Aditya Birla Group - India
- MS Steel International - UAE
- GVK Power & Infra Limited - India
- Meralco Power Generation, Philippines
- Independent Power Producers Association of India
- Baramulti Group, Indonesia
- Oldendorff Carriers - Singapore
- Kumho Petrochemical, South Korea
- Malabar Cements Ltd - India
- Attock Cement Pakistan Limited
- Romanian Commodities Exchange
- Bangladesh Power Developement Board
- Australian Commodity Traders Exchange
- Sinarmas Energy and Mining - Indonesia
- Maharashtra Electricity Regulatory Commission - India
- Cigading International Bulk Terminal - Indonesia
- Africa Commodities Group - South Africa
- Bhoruka Overseas - Indonesia
- CNBM International Corporation - China
- Tamil Nadu electricity Board
- TeaM Sual Corporation - Philippines
- Gujarat Mineral Development Corp Ltd - India
- SMG Consultants - Indonesia
- Makarim & Taira - Indonesia
- Parry Sugars Refinery, India
- Port Waratah Coal Services - Australia
- Binh Thuan Hamico - Vietnam
- Bhushan Steel Limited - India
- Heidelberg Cement - Germany
- Aboitiz Power Corporation - Philippines
- ICICI Bank Limited - India
- Energy Development Corp, Philippines
- Indian Energy Exchange, India
- Banpu Public Company Limited - Thailand
- Goldman Sachs - Singapore
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Pendopo Energi Batubara - Indonesia
- Indogreen Group - Indonesia
- Bukit Asam (Persero) Tbk - Indonesia
- Ind-Barath Power Infra Limited - India
- Altura Mining Limited, Indonesia
- Rashtriya Ispat Nigam Limited - India
- Riau Bara Harum - Indonesia
- Mercator Lines Limited - India
- Coal and Oil Company - UAE
- Leighton Contractors Pty Ltd - Australia
- Metalloyd Limited - United Kingdom
- Central Electricity Authority - India
- Iligan Light & Power Inc, Philippines
- Billiton Holdings Pty Ltd - Australia
- Madhucon Powers Ltd - India
- Maheswari Brothers Coal Limited - India
- Mintek Dendrill Indonesia
- Jorong Barutama Greston.PT - Indonesia
- Kobexindo Tractors - Indoneisa
- Renaissance Capital - South Africa
- Eastern Energy - Thailand
- Kaltim Prima Coal - Indonesia
- Offshore Bulk Terminal Pte Ltd, Singapore
- SMC Global Power, Philippines
- Grasim Industreis Ltd - India
- Indo Tambangraya Megah - Indonesia
- Neyveli Lignite Corporation Ltd, - India
- VISA Power Limited - India
- European Bulk Services B.V. - Netherlands
- Interocean Group of Companies - India
- Commonwealth Bank - Australia
- Latin American Coal - Colombia
- Kalimantan Lumbung Energi - Indonesia
- Singapore Mercantile Exchange
- Intertek Mineral Services - Indonesia
- Wood Mackenzie - Singapore
- Samtan Co., Ltd - South Korea
- South Luzon Thermal Energy Corporation
- Thai Mozambique Logistica
- Bukit Baiduri Energy - Indonesia
- Georgia Ports Authority, United States
- Dalmia Cement Bharat India
- Bulk Trading Sa - Switzerland
- Global Business Power Corporation, Philippines
- Planning Commission, India
- Directorate Of Revenue Intelligence - India
- Coastal Gujarat Power Limited - India
- Meenaskhi Energy Private Limited - India
- Ministry of Finance - Indonesia
- Krishnapatnam Port Company Ltd. - India
- Ceylon Electricity Board - Sri Lanka
- Global Coal Blending Company Limited - Australia
- Essar Steel Hazira Ltd - India
- Salva Resources Pvt Ltd - India
- Gujarat Electricity Regulatory Commission - India
- Toyota Tsusho Corporation, Japan
- Simpson Spence & Young - Indonesia
- Merrill Lynch Commodities Europe
- Miang Besar Coal Terminal - Indonesia
- Bayan Resources Tbk. - Indonesia
- Sarangani Energy Corporation, Philippines
- Bahari Cakrawala Sebuku - Indonesia
- Rio Tinto Coal - Australia
- IHS Mccloskey Coal Group - USA
- Karaikal Port Pvt Ltd - India
- Borneo Indobara - Indonesia
- PNOC Exploration Corporation - Philippines
- Standard Chartered Bank - UAE
- Marubeni Corporation - India
- White Energy Company Limited
- Vijayanagar Sugar Pvt Ltd - India
- GAC Shipping (India) Pvt Ltd
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Chamber of Mines of South Africa
- Bhatia International Limited - India
- PowerSource Philippines DevCo
- Cement Manufacturers Association - India
- Xindia Steels Limited - India
- McConnell Dowell - Australia
- PTC India Limited - India
- New Zealand Coal & Carbon
- London Commodity Brokers - England
- Petrochimia International Co. Ltd.- Taiwan
- International Coal Ventures Pvt Ltd - India
- Sojitz Corporation - Japan
- Economic Council, Georgia
- Bharathi Cement Corporation - India
- Bank of Tokyo Mitsubishi UFJ Ltd
- Central Java Power - Indonesia
- Globalindo Alam Lestari - Indonesia
- Price Waterhouse Coopers - Russia
- Coalindo Energy - Indonesia
- Ministry of Mines - Canada
- Lanco Infratech Ltd - India
- Indika Energy - Indonesia
- The State Trading Corporation of India Ltd
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Ministry of Transport, Egypt
- OPG Power Generation Pvt Ltd - India
- Kohat Cement Company Ltd. - Pakistan
- Power Finance Corporation Ltd., India
- Sindya Power Generating Company Private Ltd
- AsiaOL BioFuels Corp., Philippines
- Agrawal Coal Company - India
- Tata Chemicals Ltd - India
- Semirara Mining and Power Corporation, Philippines
- Kapuas Tunggal Persada - Indonesia
- Siam City Cement PLC, Thailand
- Kideco Jaya Agung - Indonesia
- Electricity Generating Authority of Thailand
- Karbindo Abesyapradhi - Indoneisa
- Trasteel International SA, Italy
- Manunggal Multi Energi - Indonesia
- Vizag Seaport Private Limited - India
- CIMB Investment Bank - Malaysia
- Therma Luzon, Inc, Philippines
- Vedanta Resources Plc - India
- Chettinad Cement Corporation Ltd - India
- ASAPP Information Group - India
- Thiess Contractors Indonesia
- Electricity Authority, New Zealand
- TNB Fuel Sdn Bhd - Malaysia
- PetroVietnam Power Coal Import and Supply Company
- Minerals Council of Australia
- Sical Logistics Limited - India
- Barasentosa Lestari - Indonesia
- Deloitte Consulting - India
- Formosa Plastics Group - Taiwan
- Straits Asia Resources Limited - Singapore
- Medco Energi Mining Internasional
- Directorate General of MIneral and Coal - Indonesia
- Edison Trading Spa - Italy
- Holcim Trading Pte Ltd - Singapore
- Australian Coal Association
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