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