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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, 07 May 12
INDONESIAN HBA FALL AGAIN IN MAY 2012
COALspot.com - Indonesian HBA fall again to lowest level since January 2011 in May 2012. The monthly coal reference price for coal sales in Ma ...
Sunday, 06 May 12
INDONESIAN SUB-BITUMINOUS COAL & CFR SOUTH CHINA SWAPS SLIGHTLY DROP THIS WEEK
COALspot.com - Indonesian sub-bituminous coal swaps and CFR South China coal contracts for June deliveries slightly dropped this week.
According ...
Sunday, 06 May 12
S7 & S8 ROUTES LIKELY TO BE FIRM NEXT WEEK VISTAAR SINGAPORE
COALspot.com - The BDI remained flat this week and was up just by 1 point closing at 1,157 points.
The cape size index was up by 5.14 pct closing ...
Sunday, 06 May 12
EXPORT DUTY ON MINERAL FINALLY TO BECOME EFFECTIVE NEXT WEEK
COALspot.com - Mineral ore exporters of Indonesia ( only IUP holders) are required to obtain recommendation letter from the energy and mineral ...
Friday, 04 May 12
DEMOLITION KEY FOR DRY BULK MARKET RECOVERY - NIKOS ROUSSANOGLOU, HELLENIC SHIPPING
The overflow of newbuilding vessels which “spilled over” into 2012 from 2011 brought the dry bulk market to a near collapse level at the ...
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- Pendopo Energi Batubara - Indonesia
- Directorate General of MIneral and Coal - Indonesia
- TNB Fuel Sdn Bhd - Malaysia
- Romanian Commodities Exchange
- India Bulls Power Limited - India
- San Jose City I Power Corp, Philippines
- Indo Tambangraya Megah - Indonesia
- IHS Mccloskey Coal Group - USA
- Edison Trading Spa - Italy
- Georgia Ports Authority, United States
- Siam City Cement - Thailand
- Holcim Trading Pte Ltd - Singapore
- GAC Shipping (India) Pvt Ltd
- Directorate Of Revenue Intelligence - India
- Leighton Contractors Pty Ltd - Australia
- Singapore Mercantile Exchange
- Kalimantan Lumbung Energi - Indonesia
- Bahari Cakrawala Sebuku - Indonesia
- Aditya Birla Group - India
- Xindia Steels Limited - India
- Therma Luzon, Inc, Philippines
- PetroVietnam Power Coal Import and Supply Company
- Bukit Asam (Persero) Tbk - Indonesia
- Orica Mining Services - Indonesia
- Straits Asia Resources Limited - Singapore
- Wood Mackenzie - Singapore
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- PowerSource Philippines DevCo
- PTC India Limited - India
- ICICI Bank Limited - India
- Sical Logistics Limited - India
- Kideco Jaya Agung - Indonesia
- Samtan Co., Ltd - South Korea
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Vijayanagar Sugar Pvt Ltd - India
- Timah Investasi Mineral - Indoneisa
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Madhucon Powers Ltd - India
- Videocon Industries ltd - India
- Mercator Lines Limited - India
- Ind-Barath Power Infra Limited - India
- Meralco Power Generation, Philippines
- Carbofer General Trading SA - India
- GVK Power & Infra Limited - India
- Bukit Baiduri Energy - Indonesia
- Thai Mozambique Logistica
- Sojitz Corporation - Japan
- Trasteel International SA, Italy
- Rashtriya Ispat Nigam Limited - India
- Sindya Power Generating Company Private Ltd
- Krishnapatnam Port Company Ltd. - India
- Ministry of Finance - Indonesia
- Independent Power Producers Association of India
- Standard Chartered Bank - UAE
- Electricity Authority, New Zealand
- Indonesian Coal Mining Association
- Tamil Nadu electricity Board
- Sakthi Sugars Limited - India
- Semirara Mining Corp, Philippines
- Mjunction Services Limited - India
- Central Electricity Authority - India
- Energy Development Corp, Philippines
- Parliament of New Zealand
- SMG Consultants - Indonesia
- International Coal Ventures Pvt Ltd - India
- Kaltim Prima Coal - Indonesia
- Agrawal Coal Company - India
- Grasim Industreis Ltd - India
- Parry Sugars Refinery, India
- Larsen & Toubro Limited - India
- Heidelberg Cement - Germany
- Sree Jayajothi Cements Limited - India
- Iligan Light & Power Inc, Philippines
- Kapuas Tunggal Persada - Indonesia
- Mintek Dendrill Indonesia
- Interocean Group of Companies - India
- Gujarat Mineral Development Corp Ltd - India
- Rio Tinto Coal - Australia
- The State Trading Corporation of India Ltd
- Altura Mining Limited, Indonesia
- Planning Commission, India
- Electricity Generating Authority of Thailand
- Posco Energy - South Korea
- Indian Oil Corporation Limited
- Price Waterhouse Coopers - Russia
- Semirara Mining and Power Corporation, Philippines
- Global Green Power PLC Corporation, Philippines
- Ceylon Electricity Board - Sri Lanka
- Aboitiz Power Corporation - Philippines
- Globalindo Alam Lestari - Indonesia
- Riau Bara Harum - Indonesia
- Neyveli Lignite Corporation Ltd, - India
- Bukit Makmur.PT - Indonesia
- European Bulk Services B.V. - Netherlands
- New Zealand Coal & Carbon
- Salva Resources Pvt Ltd - India
- Ambuja Cements Ltd - India
- Bhushan Steel Limited - India
- CNBM International Corporation - China
- CIMB Investment Bank - Malaysia
- Antam Resourcindo - Indonesia
- AsiaOL BioFuels Corp., Philippines
- Kartika Selabumi Mining - Indonesia
- ASAPP Information Group - India
- White Energy Company Limited
- MS Steel International - UAE
- Savvy Resources Ltd - HongKong
- Ministry of Transport, Egypt
- Makarim & Taira - Indonesia
- London Commodity Brokers - England
- Kohat Cement Company Ltd. - Pakistan
- OPG Power Generation Pvt Ltd - India
- Billiton Holdings Pty Ltd - Australia
- Energy Link Ltd, New Zealand
- Formosa Plastics Group - Taiwan
- Central Java Power - Indonesia
- Vedanta Resources Plc - India
- Economic Council, Georgia
- VISA Power Limited - India
- Attock Cement Pakistan Limited
- Dalmia Cement Bharat India
- Alfred C Toepfer International GmbH - Germany
- Eastern Coal Council - USA
- Minerals Council of Australia
- Coastal Gujarat Power Limited - India
- Bhatia International Limited - India
- Bangladesh Power Developement Board
- Miang Besar Coal Terminal - Indonesia
- Asmin Koalindo Tuhup - Indonesia
- Baramulti Group, Indonesia
- Star Paper Mills Limited - India
- Banpu Public Company Limited - Thailand
- Toyota Tsusho Corporation, Japan
- Kumho Petrochemical, South Korea
- Oldendorff Carriers - Singapore
- Tata Chemicals Ltd - India
- Pipit Mutiara Jaya. PT, Indonesia
- Sinarmas Energy and Mining - Indonesia
- Commonwealth Bank - Australia
- Indogreen Group - Indonesia
- LBH Netherlands Bv - Netherlands
- The University of Queensland
- Petron Corporation, Philippines
- Thiess Contractors Indonesia
- Siam City Cement PLC, Thailand
- Bharathi Cement Corporation - India
- SN Aboitiz Power Inc, Philippines
- GMR Energy Limited - India
- Lanco Infratech Ltd - India
- Power Finance Corporation Ltd., India
- Jindal Steel & Power Ltd - India
- Orica Australia Pty. Ltd.
- Coal and Oil Company - UAE
- Australian Coal Association
- Maharashtra Electricity Regulatory Commission - India
- McConnell Dowell - Australia
- IEA Clean Coal Centre - UK
- Essar Steel Hazira Ltd - India
- Metalloyd Limited - United Kingdom
- Barasentosa Lestari - Indonesia
- TeaM Sual Corporation - Philippines
- Jaiprakash Power Ventures ltd
- Deloitte Consulting - India
- PNOC Exploration Corporation - Philippines
- Manunggal Multi Energi - Indonesia
- Mercuria Energy - Indonesia
- Africa Commodities Group - South Africa
- Marubeni Corporation - India
- Ministry of Mines - Canada
- Bayan Resources Tbk. - Indonesia
- Karbindo Abesyapradhi - Indoneisa
- Indian Energy Exchange, India
- Gujarat Sidhee Cement - India
- Karaikal Port Pvt Ltd - India
- Goldman Sachs - Singapore
- GN Power Mariveles Coal Plant, Philippines
- Simpson Spence & Young - Indonesia
- Chamber of Mines of South Africa
- Indika Energy - Indonesia
- Binh Thuan Hamico - Vietnam
- Bulk Trading Sa - Switzerland
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- SMC Global Power, Philippines
- Medco Energi Mining Internasional
- Uttam Galva Steels Limited - India
- Kepco SPC Power Corporation, Philippines
- Global Coal Blending Company Limited - Australia
- Bhoruka Overseas - Indonesia
- Bank of Tokyo Mitsubishi UFJ Ltd
- Anglo American - United Kingdom
- Chettinad Cement Corporation Ltd - India
- Cement Manufacturers Association - India
- South Luzon Thermal Energy Corporation
- Maheswari Brothers Coal Limited - India
- Gujarat Electricity Regulatory Commission - India
- Global Business Power Corporation, Philippines
- Malabar Cements Ltd - India
- Jorong Barutama Greston.PT - Indonesia
- Renaissance Capital - South Africa
- Coalindo Energy - Indonesia
- Port Waratah Coal Services - Australia
- Petrochimia International Co. Ltd.- Taiwan
- Intertek Mineral Services - Indonesia
- Latin American Coal - Colombia
- Sarangani Energy Corporation, Philippines
- Eastern Energy - Thailand
- Australian Commodity Traders Exchange
- Borneo Indobara - Indonesia
- Offshore Bulk Terminal Pte Ltd, Singapore
- Merrill Lynch Commodities Europe
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Kobexindo Tractors - Indoneisa
- Wilmar Investment Holdings
- Meenaskhi Energy Private Limited - India
- Vizag Seaport Private Limited - India
- Cigading International Bulk Terminal - Indonesia
- The Treasury - Australian Government
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