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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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Friday, 17 July 09
CHINA COAL-SPOT PRICES EDGE LOWER, SUPPLY APLENTY
China Mining reported that, spot prices in China's top coal shipping port Qinhuangdao edged lower from a week earlier, as supply grew, offsetting t ...
Friday, 17 July 09
INDIA COAL TRADERS MUST OWN POWER, MINES - C&O BOSS
· Coal traders need to diversify to grow
· Coastal Energen to build first merchant power plant
· Tamil Nadu to see st ...
Friday, 17 July 09
CHINA SHENHUA ENERGY'S COAL OUTPUT SWELLS 17.6% IN H1
China Knowledge reported that, China Shenhua Energy Co Ltd, which is engaged in the coal mining, power generation and transportation businesses, on ...
Thursday, 16 July 09
CHINA ISSUES SECOND BATCH OF '09 EXPORT QUOTAS
China has issued 25 million tonnes of coal export quotas for the second batch this year, the National Development and Reform Commission said Wednesd ...
Thursday, 16 July 09
NTPC TO ENGAGE BANKERS TO ACQUIRE OVERSEAS COAL MINES
The Hindu reported that, State-run power generation company NTPC said it would appoint merchant bankers next month for acquiring coal mines identifi ...
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- Aditya Birla Group - India
- Alfred C Toepfer International GmbH - Germany
- Makarim & Taira - Indonesia
- Deloitte Consulting - India
- Timah Investasi Mineral - Indoneisa
- Kepco SPC Power Corporation, Philippines
- Pipit Mutiara Jaya. PT, Indonesia
- Neyveli Lignite Corporation Ltd, - India
- Madhucon Powers Ltd - India
- Straits Asia Resources Limited - Singapore
- Billiton Holdings Pty Ltd - Australia
- Kobexindo Tractors - Indoneisa
- Leighton Contractors Pty Ltd - Australia
- India Bulls Power Limited - India
- Wilmar Investment Holdings
- Borneo Indobara - Indonesia
- Eastern Energy - Thailand
- Vizag Seaport Private Limited - India
- GN Power Mariveles Coal Plant, Philippines
- Gujarat Mineral Development Corp Ltd - India
- Jaiprakash Power Ventures ltd
- Sree Jayajothi Cements Limited - India
- Standard Chartered Bank - UAE
- Ind-Barath Power Infra Limited - India
- Global Coal Blending Company Limited - Australia
- Binh Thuan Hamico - Vietnam
- Siam City Cement PLC, Thailand
- PTC India Limited - India
- Rashtriya Ispat Nigam Limited - India
- Toyota Tsusho Corporation, Japan
- Meralco Power Generation, Philippines
- Offshore Bulk Terminal Pte Ltd, Singapore
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Bayan Resources Tbk. - Indonesia
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- TeaM Sual Corporation - Philippines
- Indonesian Coal Mining Association
- New Zealand Coal & Carbon
- Antam Resourcindo - Indonesia
- IHS Mccloskey Coal Group - USA
- Chamber of Mines of South Africa
- Attock Cement Pakistan Limited
- South Luzon Thermal Energy Corporation
- Siam City Cement - Thailand
- Trasteel International SA, Italy
- Metalloyd Limited - United Kingdom
- LBH Netherlands Bv - Netherlands
- Samtan Co., Ltd - South Korea
- Sindya Power Generating Company Private Ltd
- Tata Chemicals Ltd - India
- Gujarat Sidhee Cement - India
- Planning Commission, India
- Orica Mining Services - Indonesia
- Mintek Dendrill Indonesia
- Global Green Power PLC Corporation, Philippines
- International Coal Ventures Pvt Ltd - India
- Simpson Spence & Young - Indonesia
- Sarangani Energy Corporation, Philippines
- Ministry of Mines - Canada
- Sakthi Sugars Limited - India
- PetroVietnam Power Coal Import and Supply Company
- Renaissance Capital - South Africa
- Minerals Council of Australia
- Bahari Cakrawala Sebuku - Indonesia
- Ceylon Electricity Board - Sri Lanka
- Kideco Jaya Agung - Indonesia
- Directorate Of Revenue Intelligence - India
- Bank of Tokyo Mitsubishi UFJ Ltd
- Singapore Mercantile Exchange
- Petrochimia International Co. Ltd.- Taiwan
- PowerSource Philippines DevCo
- SN Aboitiz Power Inc, Philippines
- VISA Power Limited - India
- The State Trading Corporation of India Ltd
- Australian Commodity Traders Exchange
- Grasim Industreis Ltd - India
- Marubeni Corporation - India
- Port Waratah Coal Services - Australia
- Power Finance Corporation Ltd., India
- Oldendorff Carriers - Singapore
- CNBM International Corporation - China
- Romanian Commodities Exchange
- Merrill Lynch Commodities Europe
- GAC Shipping (India) Pvt Ltd
- Bhushan Steel Limited - India
- Maharashtra Electricity Regulatory Commission - India
- Ministry of Finance - Indonesia
- MS Steel International - UAE
- Ministry of Transport, Egypt
- Thiess Contractors Indonesia
- Electricity Authority, New Zealand
- Latin American Coal - Colombia
- Petron Corporation, Philippines
- Semirara Mining and Power Corporation, Philippines
- Savvy Resources Ltd - HongKong
- Cigading International Bulk Terminal - Indonesia
- Vedanta Resources Plc - India
- Price Waterhouse Coopers - Russia
- Wood Mackenzie - Singapore
- Kumho Petrochemical, South Korea
- Karaikal Port Pvt Ltd - India
- Dalmia Cement Bharat India
- Parry Sugars Refinery, India
- Altura Mining Limited, Indonesia
- Kohat Cement Company Ltd. - Pakistan
- Globalindo Alam Lestari - Indonesia
- San Jose City I Power Corp, Philippines
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Central Electricity Authority - India
- Holcim Trading Pte Ltd - Singapore
- ICICI Bank Limited - India
- Therma Luzon, Inc, Philippines
- Banpu Public Company Limited - Thailand
- Indogreen Group - Indonesia
- Carbofer General Trading SA - India
- Gujarat Electricity Regulatory Commission - India
- Australian Coal Association
- Indika Energy - Indonesia
- Bukit Makmur.PT - Indonesia
- Economic Council, Georgia
- Barasentosa Lestari - Indonesia
- GVK Power & Infra Limited - India
- GMR Energy Limited - India
- Bhatia International Limited - India
- Agrawal Coal Company - India
- Kalimantan Lumbung Energi - Indonesia
- Iligan Light & Power Inc, Philippines
- Asmin Koalindo Tuhup - Indonesia
- Global Business Power Corporation, Philippines
- Riau Bara Harum - Indonesia
- Parliament of New Zealand
- Bangladesh Power Developement Board
- OPG Power Generation Pvt Ltd - India
- Energy Development Corp, Philippines
- Bulk Trading Sa - Switzerland
- Sical Logistics Limited - India
- Electricity Generating Authority of Thailand
- European Bulk Services B.V. - Netherlands
- Cement Manufacturers Association - India
- Interocean Group of Companies - India
- Energy Link Ltd, New Zealand
- London Commodity Brokers - England
- IEA Clean Coal Centre - UK
- Posco Energy - South Korea
- Goldman Sachs - Singapore
- Orica Australia Pty. Ltd.
- Medco Energi Mining Internasional
- White Energy Company Limited
- Directorate General of MIneral and Coal - Indonesia
- Ambuja Cements Ltd - India
- Sojitz Corporation - Japan
- Bharathi Cement Corporation - India
- Salva Resources Pvt Ltd - India
- Independent Power Producers Association of India
- Essar Steel Hazira Ltd - India
- Star Paper Mills Limited - India
- AsiaOL BioFuels Corp., Philippines
- Coal and Oil Company - UAE
- Larsen & Toubro Limited - India
- SMG Consultants - Indonesia
- Africa Commodities Group - South Africa
- Semirara Mining Corp, Philippines
- Mercuria Energy - Indonesia
- Indian Energy Exchange, India
- Mercator Lines Limited - India
- Coastal Gujarat Power Limited - India
- Vijayanagar Sugar Pvt Ltd - India
- TNB Fuel Sdn Bhd - Malaysia
- Central Java Power - Indonesia
- Indian Oil Corporation Limited
- Maheswari Brothers Coal Limited - India
- Thai Mozambique Logistica
- Lanco Infratech Ltd - India
- Aboitiz Power Corporation - Philippines
- Malabar Cements Ltd - India
- Edison Trading Spa - Italy
- Baramulti Group, Indonesia
- Manunggal Multi Energi - Indonesia
- Chettinad Cement Corporation Ltd - India
- Georgia Ports Authority, United States
- Uttam Galva Steels Limited - India
- Bukit Baiduri Energy - Indonesia
- Bukit Asam (Persero) Tbk - Indonesia
- Sinarmas Energy and Mining - Indonesia
- Bhoruka Overseas - Indonesia
- The Treasury - Australian Government
- McConnell Dowell - Australia
- Pendopo Energi Batubara - Indonesia
- Kapuas Tunggal Persada - Indonesia
- Rio Tinto Coal - Australia
- Indo Tambangraya Megah - Indonesia
- Tamil Nadu electricity Board
- PNOC Exploration Corporation - Philippines
- Karbindo Abesyapradhi - Indoneisa
- Anglo American - United Kingdom
- Eastern Coal Council - USA
- Coalindo Energy - Indonesia
- Commonwealth Bank - Australia
- Kaltim Prima Coal - Indonesia
- SMC Global Power, Philippines
- ASAPP Information Group - India
- Krishnapatnam Port Company Ltd. - India
- Jorong Barutama Greston.PT - Indonesia
- Miang Besar Coal Terminal - Indonesia
- Kartika Selabumi Mining - Indonesia
- Formosa Plastics Group - Taiwan
- Heidelberg Cement - Germany
- The University of Queensland
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Meenaskhi Energy Private Limited - India
- Videocon Industries ltd - India
- Jindal Steel & Power Ltd - India
- CIMB Investment Bank - Malaysia
- Intertek Mineral Services - Indonesia
- Xindia Steels Limited - India
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Mjunction Services Limited - India
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