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Friday, 17 July 09
THE NEW LAW OF MINERAL AND COAL MINING NO 4/2009 CREATE CONDUCIVE CLIMATE OF INVESTMENT IN INDONESIA
 COALspot.com (Indonesia): The new Law of Mineral and Coal Mining No 4/2009, which replaces the old mining law No. 11/1967 has been signed by the President of Republic of Indonesia on 12th January 2009.
The Law No.4/2009 about Mineral and Coal mining has been awaited for years by all mining stakeholder and it will bring to the benefit to all parties. The law will be one of the most important tools for the current and future mining policy said, Dr. Ir. Bambang Setiawan, Director General of Energy and Mineral Resources of the Republic of Indonesia
Law No 4/2009 has emphasized the government commitment to optimize the benefit of mining activities for country and community, he added.
Dr. Ir. Bambang Setiawan further explained, there are still a number of opportunities on mining development in Indonesia. Director General’s presentation was given wider understanding about the mining law 4/ 2009.
The new Law of Mineral and coal Mining No 4/2009 create conducive climate of Investment
Current Condition
Indonesia geological prospects of mineral, coal and geothermal is still very promising. Within the global context, Indonesia is one of the major mineral producers and exports numerous commodities around the world, such as; tin, copper, nickel, bauxite, gold, silver.etc.
Law No 4/2009 has emphasized the government commitment to optimize the benefits of mining activities for the country and community. At present, government is preparing government regulation and ministerial decree to fully implement of law 4/ 2009.
"The Law request to optimize the state revenue and the area to be exploited in the existing mining contract"
Permit scheme under new mining law 4/2009
Mining Business License (Izin Usaha Pertambangan / IUP), IUP exploration and IUP production- Operation, Mining Traditional License (Izin Pertambangan Rakyat), Special Mining Business License (IUPK) for the area of Ex. State reserve Zone.
IUP and IUPK are open for domestic and foreign investor through the bidding scheme.
The government regulation which is expcted to issue soon is expected to cover preparation and establishment of mining zone, Mineral and Coal enterprises activity, supervising and controlling mining activity and reclamation and post mining.
Ministerial decree will expected to cover Mining services.
Several Important Issues
Establishment of mining Business zone (Wilayah Usaha Pertabangan – WUP), Small Scale Reserve Zone (Wilayah Pertambang Rayat – WPR) and state reserve Zone ( Wilaya Pencadangan Negara – IUPK), Simplification of licensing Permit (IUP Operation. Besides, there are also Mining Traditional License (Izin Pertambangan Rayat – IPR) and special Mining Business License (IUP Kusus – IUPK))
Determination of mining areas would be through bidding process. IUPK can be issued by Minister in the area of Ex. WPN (WUPK). Clarification of central Government, Provincial and district Authority & Processing and refinery producing metal must be establish in Indonesia.
Community development is focused for local people welfare, For the sake of national interest, the GOI can determine Domestic market Obligation ( DMO) of mineral and coal.
The mining company with IUPK scheme has an obligation to share its net profit after production. 4% to government and 6% to local government and there will be punishment mechanism for any infringe to the law.
Violation & Punishment
Violate mining law 4/2009 and other related laws subject to punishments with jail term and or fine.
Carry out any activity in absence of mining license is subject to 10 years in jail and or maximum of Rp. 10 billion fine. Providing or presenting false or mendacious report to government authority by mining license holder is subject to 10 years in jail and or maximum of Rp. 10 billion fine and to carry out exploration without IUP exploration is subject to 5 years Jail term and or maximum of Rp. 10 billion fine.
Violation Punishment is not limited to miners but it will be extended to coal traders, buyers or end users. Any coal trader, buyer or end-user buy, receive or utilize coal from a mine which is not legally producing its coal is subject to 10 years in Jail and or maximum of Rp. 10 billion fine.
The violation of punishment is not only applicable to producers or buyers but it is fairly attacking government officials who are involving issuing licenses and monitoring mining activities. The law 4/2009 is saying that, any person / government officials who issue the mining license by breach law procedures and regulations (abuse of power) are also subject to 2 years Jail term and or maximum of Rp. 200 million fines.
If the violation is conducted by law entity, then the punishment and fine will be added by 1/3.
Obligatory of added – value
IUP and IUPK holders of production Operation IUP and IUPK shall carry out processing and refining of mining products, within Indonesia.
However the existing holders of contract of work who are already in production shall carry out refining at least within 5 years from date of enact of the law 4/ 2009.
Transitory Regulation
At the moment law No 4/ 2009 become affective, contract of work and coal contract of work that already existing before the new law becomes effective remains to be valid until the time period of the contract / agreement expires.
The provision contained in the articles of contract of work and coal contract of work as referred to in sub a are adjusted 1 (one) year at the latest as of the promulgation of the law 4 / 2009 except for the state revenue.
Holders of contract of work and coal contract of work, that carried out stage of exploration, feasibility study, construction or production operation should be submit their plan of activities in the entire contract / agreement areas 1 (one) year at the latest as of the enactment of the law 4/2009 up to the time period when the contract / agreement expires to acquire government approval.
Should the provision as referred above is not met, the size of mining area already granted to holders of contract of work and coal contract of work is adjusted to law no 4/ 2009.
However, applications for contracts of work and coal contract s of work already submitted to the Minster at the latest 1 (one) year before the law 4/ 2009 become effective and have acquired approvals in principle or a permit for preliminary survey remain to be honored and their licensing may be proceed without going through tender based on this law.
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Tuesday, 21 July 09
NEWCASTLE COAL EXPORTS FALL 5%, SHIP QUEUE INCREASES
Bloomberg reported that, Coal shipments from Australia’s Newcastle port, the world’s biggest export harbor for the fuel, fell 5 per ...
Tuesday, 21 July 09
FIRST QUARTER COAL MARKET AND EURACOAL'S OUTLOOK FOR THE FUTURE
Euracoal reports that for the first time in many years, the world market for hard coal fell by some 8 % during the first quarter 2009. This latest E ...
Monday, 20 July 09
CHINAS COAL DEMAND, OUTPUT TO PICK UP IN H2 - GROUP 2
Financial24 reported that, China's coal demand is expected to gradually pick up in the second half of the year, and coal output will likely grow fa ...
Monday, 20 July 09
ADANI POWER LAUNCHES IPO, AIMS HIGHER CAPACITY
Economic Times reported that, Adani Power Ltd, a power project development company, promoted by Adani Enterprise went for an initial public offering ...
Monday, 20 July 09
BANPU'S SECOND-HALF PROFIT MAY DROP ON COAL PRICES
Bloomberg Reported that, Banpu Pcl, Thailand’s biggest coal producer, expects profit to decline in the second half from the first six months a ...
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- Coastal Gujarat Power Limited - India
- Barasentosa Lestari - Indonesia
- Jindal Steel & Power Ltd - India
- Kohat Cement Company Ltd. - Pakistan
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Thai Mozambique Logistica
- Bhatia International Limited - India
- Mercator Lines Limited - India
- Electricity Generating Authority of Thailand
- Kalimantan Lumbung Energi - Indonesia
- Standard Chartered Bank - UAE
- Merrill Lynch Commodities Europe
- Kumho Petrochemical, South Korea
- Eastern Energy - Thailand
- Toyota Tsusho Corporation, Japan
- Jaiprakash Power Ventures ltd
- Essar Steel Hazira Ltd - India
- CNBM International Corporation - China
- Thiess Contractors Indonesia
- Marubeni Corporation - India
- TeaM Sual Corporation - Philippines
- Simpson Spence & Young - Indonesia
- Sical Logistics Limited - India
- International Coal Ventures Pvt Ltd - India
- Billiton Holdings Pty Ltd - Australia
- Sree Jayajothi Cements Limited - India
- Indian Oil Corporation Limited
- Eastern Coal Council - USA
- Leighton Contractors Pty Ltd - Australia
- Offshore Bulk Terminal Pte Ltd, Singapore
- Tata Chemicals Ltd - India
- Kideco Jaya Agung - Indonesia
- OPG Power Generation Pvt Ltd - India
- Siam City Cement - Thailand
- IEA Clean Coal Centre - UK
- Indika Energy - Indonesia
- Independent Power Producers Association of India
- Baramulti Group, Indonesia
- Bulk Trading Sa - Switzerland
- Videocon Industries ltd - India
- Kaltim Prima Coal - Indonesia
- Kartika Selabumi Mining - Indonesia
- PNOC Exploration Corporation - Philippines
- Sakthi Sugars Limited - India
- Wilmar Investment Holdings
- Banpu Public Company Limited - Thailand
- SMG Consultants - Indonesia
- Malabar Cements Ltd - India
- Parry Sugars Refinery, India
- GVK Power & Infra Limited - India
- Makarim & Taira - Indonesia
- Directorate General of MIneral and Coal - Indonesia
- San Jose City I Power Corp, Philippines
- Binh Thuan Hamico - Vietnam
- Semirara Mining and Power Corporation, Philippines
- Petron Corporation, Philippines
- Deloitte Consulting - India
- Bhoruka Overseas - Indonesia
- Altura Mining Limited, Indonesia
- Interocean Group of Companies - India
- Xindia Steels Limited - India
- Vedanta Resources Plc - India
- Ceylon Electricity Board - Sri Lanka
- Mercuria Energy - Indonesia
- PTC India Limited - India
- South Luzon Thermal Energy Corporation
- Maheswari Brothers Coal Limited - India
- Petrochimia International Co. Ltd.- Taiwan
- The Treasury - Australian Government
- Krishnapatnam Port Company Ltd. - India
- ICICI Bank Limited - India
- Anglo American - United Kingdom
- London Commodity Brokers - England
- Karbindo Abesyapradhi - Indoneisa
- Commonwealth Bank - Australia
- Energy Development Corp, Philippines
- Dalmia Cement Bharat India
- Antam Resourcindo - Indonesia
- Meralco Power Generation, Philippines
- Directorate Of Revenue Intelligence - India
- Kepco SPC Power Corporation, Philippines
- ASAPP Information Group - India
- Madhucon Powers Ltd - India
- Energy Link Ltd, New Zealand
- Chettinad Cement Corporation Ltd - India
- Holcim Trading Pte Ltd - Singapore
- Straits Asia Resources Limited - Singapore
- Posco Energy - South Korea
- Economic Council, Georgia
- Karaikal Port Pvt Ltd - India
- Ind-Barath Power Infra Limited - India
- Cement Manufacturers Association - India
- Ministry of Mines - Canada
- Borneo Indobara - Indonesia
- McConnell Dowell - Australia
- Chamber of Mines of South Africa
- New Zealand Coal & Carbon
- Central Electricity Authority - India
- The University of Queensland
- Trasteel International SA, Italy
- Rio Tinto Coal - Australia
- Global Coal Blending Company Limited - Australia
- Sojitz Corporation - Japan
- Tamil Nadu electricity Board
- Neyveli Lignite Corporation Ltd, - India
- Romanian Commodities Exchange
- Renaissance Capital - South Africa
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Goldman Sachs - Singapore
- Miang Besar Coal Terminal - Indonesia
- Lanco Infratech Ltd - India
- Parliament of New Zealand
- Gujarat Sidhee Cement - India
- Vizag Seaport Private Limited - India
- Singapore Mercantile Exchange
- Alfred C Toepfer International GmbH - Germany
- GMR Energy Limited - India
- Global Business Power Corporation, Philippines
- Kapuas Tunggal Persada - Indonesia
- Cigading International Bulk Terminal - Indonesia
- TNB Fuel Sdn Bhd - Malaysia
- Bahari Cakrawala Sebuku - Indonesia
- Rashtriya Ispat Nigam Limited - India
- European Bulk Services B.V. - Netherlands
- Ministry of Finance - Indonesia
- Orica Australia Pty. Ltd.
- Metalloyd Limited - United Kingdom
- PowerSource Philippines DevCo
- Bayan Resources Tbk. - Indonesia
- Sarangani Energy Corporation, Philippines
- AsiaOL BioFuels Corp., Philippines
- Indogreen Group - Indonesia
- India Bulls Power Limited - India
- Aboitiz Power Corporation - Philippines
- Carbofer General Trading SA - India
- Medco Energi Mining Internasional
- Indonesian Coal Mining Association
- Samtan Co., Ltd - South Korea
- Attock Cement Pakistan Limited
- Uttam Galva Steels Limited - India
- Vijayanagar Sugar Pvt Ltd - India
- Ministry of Transport, Egypt
- Georgia Ports Authority, United States
- Bukit Baiduri Energy - Indonesia
- Minerals Council of Australia
- Pendopo Energi Batubara - Indonesia
- GAC Shipping (India) Pvt Ltd
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Gujarat Electricity Regulatory Commission - India
- Star Paper Mills Limited - India
- Electricity Authority, New Zealand
- CIMB Investment Bank - Malaysia
- White Energy Company Limited
- Wood Mackenzie - Singapore
- Planning Commission, India
- Global Green Power PLC Corporation, Philippines
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Indo Tambangraya Megah - Indonesia
- Australian Coal Association
- Manunggal Multi Energi - Indonesia
- Formosa Plastics Group - Taiwan
- LBH Netherlands Bv - Netherlands
- Bukit Asam (Persero) Tbk - Indonesia
- Ambuja Cements Ltd - India
- Semirara Mining Corp, Philippines
- Africa Commodities Group - South Africa
- Sinarmas Energy and Mining - Indonesia
- Therma Luzon, Inc, Philippines
- Coalindo Energy - Indonesia
- Timah Investasi Mineral - Indoneisa
- GN Power Mariveles Coal Plant, Philippines
- IHS Mccloskey Coal Group - USA
- MS Steel International - UAE
- Asmin Koalindo Tuhup - Indonesia
- Riau Bara Harum - Indonesia
- Agrawal Coal Company - India
- Coal and Oil Company - UAE
- SMC Global Power, Philippines
- Bank of Tokyo Mitsubishi UFJ Ltd
- Maharashtra Electricity Regulatory Commission - India
- Globalindo Alam Lestari - Indonesia
- Gujarat Mineral Development Corp Ltd - India
- Mjunction Services Limited - India
- Indian Energy Exchange, India
- Iligan Light & Power Inc, Philippines
- Savvy Resources Ltd - HongKong
- Meenaskhi Energy Private Limited - India
- Jorong Barutama Greston.PT - Indonesia
- Latin American Coal - Colombia
- The State Trading Corporation of India Ltd
- Larsen & Toubro Limited - India
- Orica Mining Services - Indonesia
- Intertek Mineral Services - Indonesia
- Siam City Cement PLC, Thailand
- Grasim Industreis Ltd - India
- Port Waratah Coal Services - Australia
- Kobexindo Tractors - Indoneisa
- Asia Pacific Energy Resources Ventures Inc, Philippines
- SN Aboitiz Power Inc, Philippines
- Australian Commodity Traders Exchange
- Central Java Power - Indonesia
- Mintek Dendrill Indonesia
- Sindya Power Generating Company Private Ltd
- PetroVietnam Power Coal Import and Supply Company
- Bhushan Steel Limited - India
- Salva Resources Pvt Ltd - India
- Bangladesh Power Developement Board
- Bukit Makmur.PT - Indonesia
- Power Finance Corporation Ltd., India
- Pipit Mutiara Jaya. PT, Indonesia
- Edison Trading Spa - Italy
- Heidelberg Cement - Germany
- Price Waterhouse Coopers - Russia
- Aditya Birla Group - India
- Bharathi Cement Corporation - India
- Oldendorff Carriers - Singapore
- VISA Power Limited - India
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