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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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Monday, 20 July 09
CHINA COAL PRODUCES 52.7 MLN TONNES OF COAL IN 1H, UP 5.4 PCT
China Mining reported that, China Coal Energy Co., the country's second largest coal producer, said Saturday that it produced 52.67 million tonnes ...
Monday, 20 July 09
INDONESIA PRODUCES 72 MILLION MT IN FIRST HALF OF YEAR: OFFICIAL
Indonesia produced 72 million mt of coal in the first half of 2009, or 31.3% of the government’s target this year, a senior government officia ...
Sunday, 19 July 09
JINDAL S&P IN TALKS TO BUY SA COAL MINE FOR RS 350-400 CR (US$ 80 - 90 MILLION)
Economic Times reported that, Naveen Jindal-led Jindal Steel & Power (JSPL) is acquiring a thermal coal mine in South Africa, a top company exec ...
Saturday, 18 July 09
REN POWER CZ COMMISSIONS ANOTHER PHOTOVOLTAIC POWER STATION
COALspot.com (Press Release): REN Power CZ, a company in the Czech Coal Group, has put into operation another photovoltaic power station. The plant ...
Saturday, 18 July 09
THE FUTURE FOR SUPRAMAX FOR NEXT 3 YEARS TILL 2012 WOULD BE AROUND US$ 13,500 PER DAY - CAPT. REDDY
COALspot.com ( Singapore): The market moved up sharply this week , which was quite unexpected.
The BDI was up by 557 which is an increase of 18 ...
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- Alfred C Toepfer International GmbH - Germany
- Wilmar Investment Holdings
- Makarim & Taira - Indonesia
- Barasentosa Lestari - Indonesia
- San Jose City I Power Corp, Philippines
- Semirara Mining and Power Corporation, Philippines
- Indo Tambangraya Megah - Indonesia
- Meralco Power Generation, Philippines
- Port Waratah Coal Services - Australia
- The State Trading Corporation of India Ltd
- Banpu Public Company Limited - Thailand
- Directorate General of MIneral and Coal - Indonesia
- New Zealand Coal & Carbon
- AsiaOL BioFuels Corp., Philippines
- Bharathi Cement Corporation - India
- Aboitiz Power Corporation - Philippines
- Sarangani Energy Corporation, Philippines
- Global Coal Blending Company Limited - Australia
- Sinarmas Energy and Mining - Indonesia
- Mercuria Energy - Indonesia
- Standard Chartered Bank - UAE
- SMC Global Power, Philippines
- Vizag Seaport Private Limited - India
- Meenaskhi Energy Private Limited - India
- Heidelberg Cement - Germany
- Antam Resourcindo - Indonesia
- Pendopo Energi Batubara - Indonesia
- Parliament of New Zealand
- Kumho Petrochemical, South Korea
- Mjunction Services Limited - India
- Salva Resources Pvt Ltd - India
- Bukit Makmur.PT - Indonesia
- OPG Power Generation Pvt Ltd - India
- International Coal Ventures Pvt Ltd - India
- CNBM International Corporation - China
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Sojitz Corporation - Japan
- Indogreen Group - Indonesia
- Ceylon Electricity Board - Sri Lanka
- Mercator Lines Limited - India
- Price Waterhouse Coopers - Russia
- Gujarat Mineral Development Corp Ltd - India
- Samtan Co., Ltd - South Korea
- TNB Fuel Sdn Bhd - Malaysia
- Sindya Power Generating Company Private Ltd
- Kapuas Tunggal Persada - Indonesia
- Australian Coal Association
- Orica Mining Services - Indonesia
- SMG Consultants - Indonesia
- Rio Tinto Coal - Australia
- Mintek Dendrill Indonesia
- Goldman Sachs - Singapore
- CIMB Investment Bank - Malaysia
- SN Aboitiz Power Inc, Philippines
- Bulk Trading Sa - Switzerland
- PowerSource Philippines DevCo
- The Treasury - Australian Government
- Electricity Authority, New Zealand
- Karbindo Abesyapradhi - Indoneisa
- Petron Corporation, Philippines
- ASAPP Information Group - India
- Madhucon Powers Ltd - India
- Carbofer General Trading SA - India
- Coalindo Energy - Indonesia
- Savvy Resources Ltd - HongKong
- Ministry of Transport, Egypt
- Chamber of Mines of South Africa
- Bukit Baiduri Energy - Indonesia
- Tamil Nadu electricity Board
- GMR Energy Limited - India
- Larsen & Toubro Limited - India
- Miang Besar Coal Terminal - Indonesia
- Planning Commission, India
- Global Green Power PLC Corporation, Philippines
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- IEA Clean Coal Centre - UK
- Ind-Barath Power Infra Limited - India
- Africa Commodities Group - South Africa
- Marubeni Corporation - India
- Energy Development Corp, Philippines
- Rashtriya Ispat Nigam Limited - India
- GAC Shipping (India) Pvt Ltd
- McConnell Dowell - Australia
- LBH Netherlands Bv - Netherlands
- GVK Power & Infra Limited - India
- Globalindo Alam Lestari - Indonesia
- Timah Investasi Mineral - Indoneisa
- Altura Mining Limited, Indonesia
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Bukit Asam (Persero) Tbk - Indonesia
- Georgia Ports Authority, United States
- Energy Link Ltd, New Zealand
- Therma Luzon, Inc, Philippines
- Neyveli Lignite Corporation Ltd, - India
- India Bulls Power Limited - India
- IHS Mccloskey Coal Group - USA
- Ministry of Mines - Canada
- Maharashtra Electricity Regulatory Commission - India
- Bhushan Steel Limited - India
- Bahari Cakrawala Sebuku - Indonesia
- London Commodity Brokers - England
- Gujarat Electricity Regulatory Commission - India
- PetroVietnam Power Coal Import and Supply Company
- TeaM Sual Corporation - Philippines
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Formosa Plastics Group - Taiwan
- Anglo American - United Kingdom
- Commonwealth Bank - Australia
- Intertek Mineral Services - Indonesia
- Directorate Of Revenue Intelligence - India
- Pipit Mutiara Jaya. PT, Indonesia
- Parry Sugars Refinery, India
- Kideco Jaya Agung - Indonesia
- Malabar Cements Ltd - India
- Offshore Bulk Terminal Pte Ltd, Singapore
- White Energy Company Limited
- Chettinad Cement Corporation Ltd - India
- Kohat Cement Company Ltd. - Pakistan
- Posco Energy - South Korea
- Indian Oil Corporation Limited
- Siam City Cement PLC, Thailand
- Holcim Trading Pte Ltd - Singapore
- Aditya Birla Group - India
- Coastal Gujarat Power Limited - India
- Cigading International Bulk Terminal - Indonesia
- Central Java Power - Indonesia
- Gujarat Sidhee Cement - India
- Borneo Indobara - Indonesia
- Essar Steel Hazira Ltd - India
- ICICI Bank Limited - India
- Iligan Light & Power Inc, Philippines
- Indika Energy - Indonesia
- Coal and Oil Company - UAE
- Bhatia International Limited - India
- Orica Australia Pty. Ltd.
- Kobexindo Tractors - Indoneisa
- Central Electricity Authority - India
- Ambuja Cements Ltd - India
- Economic Council, Georgia
- Deloitte Consulting - India
- Indonesian Coal Mining Association
- Edison Trading Spa - Italy
- Oldendorff Carriers - Singapore
- GN Power Mariveles Coal Plant, Philippines
- Attock Cement Pakistan Limited
- Cement Manufacturers Association - India
- Vedanta Resources Plc - India
- Australian Commodity Traders Exchange
- PTC India Limited - India
- PNOC Exploration Corporation - Philippines
- Binh Thuan Hamico - Vietnam
- South Luzon Thermal Energy Corporation
- Power Finance Corporation Ltd., India
- Sakthi Sugars Limited - India
- Lanco Infratech Ltd - India
- Kaltim Prima Coal - Indonesia
- Xindia Steels Limited - India
- Jorong Barutama Greston.PT - Indonesia
- Straits Asia Resources Limited - Singapore
- Bangladesh Power Developement Board
- Jaiprakash Power Ventures ltd
- Ministry of Finance - Indonesia
- Indian Energy Exchange, India
- Karaikal Port Pvt Ltd - India
- Vijayanagar Sugar Pvt Ltd - India
- Grasim Industreis Ltd - India
- Metalloyd Limited - United Kingdom
- Renaissance Capital - South Africa
- Semirara Mining Corp, Philippines
- Jindal Steel & Power Ltd - India
- Siam City Cement - Thailand
- Petrochimia International Co. Ltd.- Taiwan
- Billiton Holdings Pty Ltd - Australia
- VISA Power Limited - India
- Minerals Council of Australia
- Kalimantan Lumbung Energi - Indonesia
- Uttam Galva Steels Limited - India
- Romanian Commodities Exchange
- Krishnapatnam Port Company Ltd. - India
- European Bulk Services B.V. - Netherlands
- Dalmia Cement Bharat India
- Trasteel International SA, Italy
- Wood Mackenzie - Singapore
- Bhoruka Overseas - Indonesia
- Eastern Energy - Thailand
- Maheswari Brothers Coal Limited - India
- Kartika Selabumi Mining - Indonesia
- Sical Logistics Limited - India
- Interocean Group of Companies - India
- Eastern Coal Council - USA
- MS Steel International - UAE
- Electricity Generating Authority of Thailand
- Independent Power Producers Association of India
- Asmin Koalindo Tuhup - Indonesia
- Manunggal Multi Energi - Indonesia
- Latin American Coal - Colombia
- The University of Queensland
- Riau Bara Harum - Indonesia
- Leighton Contractors Pty Ltd - Australia
- Thiess Contractors Indonesia
- Merrill Lynch Commodities Europe
- Medco Energi Mining Internasional
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Agrawal Coal Company - India
- Bayan Resources Tbk. - Indonesia
- Toyota Tsusho Corporation, Japan
- Sree Jayajothi Cements Limited - India
- Tata Chemicals Ltd - India
- Bank of Tokyo Mitsubishi UFJ Ltd
- Baramulti Group, Indonesia
- Global Business Power Corporation, Philippines
- Thai Mozambique Logistica
- Simpson Spence & Young - Indonesia
- Singapore Mercantile Exchange
- Kepco SPC Power Corporation, Philippines
- Videocon Industries ltd - India
- Star Paper Mills Limited - India
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