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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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Thursday, 16 July 09
JAPAN'S J - POWER STARTS OPS AT NEW 600 MW COAL UNIT
Reuters, a worlds leading news agency reported that, Electric Power Development Co (J-Power) said on Thursday it started commercial operations at it ...
Thursday, 16 July 09
DELIVERY OF COAL MINE EXPLORATION THROUGH NEWCASTLE PORT ROSE 11 PERCENT
July 16th, 2009 Newcastle is a port in Australia that provides services in the delivery of coal from Australia to other countries. Newcastle port ha ...
Thursday, 16 July 09
CIL KEEN ON JOINT VENTURES
* Targets to raise production by 10 m tonnes by 2012
* Plans to tap reserves of abandoned mines
The Hindu, an Indian news paper reported that, t ...
Wednesday, 15 July 09
COAL INDIA INVITES EOI FOR COAL MINING IN FOREIGN COUNTRIES
Economict Tmes reported that, Coal India, a leading PSU with a status of Navratna, today, invited Expression of Interest for selection of strategic ...
Wednesday, 15 July 09
BANGLADESH TO IMPORT COAL FROM INDIA FOR 1 MORE YR
Bangladesh has decided to import coal from neighbour India for another year to save foreign exchange and time, a commerce ministry official said on ...
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- Semirara Mining and Power Corporation, Philippines
- Wood Mackenzie - Singapore
- Simpson Spence & Young - Indonesia
- Tata Chemicals Ltd - India
- Ind-Barath Power Infra Limited - India
- Price Waterhouse Coopers - Russia
- Singapore Mercantile Exchange
- Toyota Tsusho Corporation, Japan
- Romanian Commodities Exchange
- Therma Luzon, Inc, Philippines
- Edison Trading Spa - Italy
- Aboitiz Power Corporation - Philippines
- Barasentosa Lestari - Indonesia
- Meenaskhi Energy Private Limited - India
- Coastal Gujarat Power Limited - India
- Thai Mozambique Logistica
- Indonesian Coal Mining Association
- Africa Commodities Group - South Africa
- The University of Queensland
- Kumho Petrochemical, South Korea
- White Energy Company Limited
- Wilmar Investment Holdings
- Economic Council, Georgia
- Directorate General of MIneral and Coal - Indonesia
- Mercator Lines Limited - India
- GAC Shipping (India) Pvt Ltd
- Binh Thuan Hamico - Vietnam
- South Luzon Thermal Energy Corporation
- Ministry of Mines - Canada
- Power Finance Corporation Ltd., India
- Globalindo Alam Lestari - Indonesia
- Indian Oil Corporation Limited
- Dalmia Cement Bharat India
- Sarangani Energy Corporation, Philippines
- Gujarat Mineral Development Corp Ltd - India
- Electricity Generating Authority of Thailand
- IEA Clean Coal Centre - UK
- Indo Tambangraya Megah - Indonesia
- CNBM International Corporation - China
- Kapuas Tunggal Persada - Indonesia
- Uttam Galva Steels Limited - India
- Straits Asia Resources Limited - Singapore
- Asmin Koalindo Tuhup - Indonesia
- Sojitz Corporation - Japan
- Independent Power Producers Association of India
- McConnell Dowell - Australia
- Alfred C Toepfer International GmbH - Germany
- Bhatia International Limited - India
- Planning Commission, India
- Kobexindo Tractors - Indoneisa
- Kartika Selabumi Mining - Indonesia
- GVK Power & Infra Limited - India
- Ministry of Transport, Egypt
- Port Waratah Coal Services - Australia
- Kepco SPC Power Corporation, Philippines
- Vijayanagar Sugar Pvt Ltd - India
- Malabar Cements Ltd - India
- Gujarat Electricity Regulatory Commission - India
- Anglo American - United Kingdom
- Larsen & Toubro Limited - India
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Thiess Contractors Indonesia
- Bank of Tokyo Mitsubishi UFJ Ltd
- Siam City Cement PLC, Thailand
- Timah Investasi Mineral - Indoneisa
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Ceylon Electricity Board - Sri Lanka
- Videocon Industries ltd - India
- Kaltim Prima Coal - Indonesia
- Rashtriya Ispat Nigam Limited - India
- Jaiprakash Power Ventures ltd
- Billiton Holdings Pty Ltd - Australia
- Offshore Bulk Terminal Pte Ltd, Singapore
- Krishnapatnam Port Company Ltd. - India
- OPG Power Generation Pvt Ltd - India
- Holcim Trading Pte Ltd - Singapore
- Tamil Nadu electricity Board
- Central Java Power - Indonesia
- Petron Corporation, Philippines
- Jindal Steel & Power Ltd - India
- Manunggal Multi Energi - Indonesia
- Chamber of Mines of South Africa
- Mjunction Services Limited - India
- Oldendorff Carriers - Singapore
- International Coal Ventures Pvt Ltd - India
- Petrochimia International Co. Ltd.- Taiwan
- Pendopo Energi Batubara - Indonesia
- Kohat Cement Company Ltd. - Pakistan
- Cement Manufacturers Association - India
- Global Business Power Corporation, Philippines
- Coalindo Energy - Indonesia
- Latin American Coal - Colombia
- Mintek Dendrill Indonesia
- Global Coal Blending Company Limited - Australia
- Marubeni Corporation - India
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Iligan Light & Power Inc, Philippines
- Commonwealth Bank - Australia
- Standard Chartered Bank - UAE
- PTC India Limited - India
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Bahari Cakrawala Sebuku - Indonesia
- Directorate Of Revenue Intelligence - India
- Goldman Sachs - Singapore
- Minerals Council of Australia
- Global Green Power PLC Corporation, Philippines
- Bharathi Cement Corporation - India
- Bhushan Steel Limited - India
- Coal and Oil Company - UAE
- Kalimantan Lumbung Energi - Indonesia
- Xindia Steels Limited - India
- SMC Global Power, Philippines
- Kideco Jaya Agung - Indonesia
- Merrill Lynch Commodities Europe
- Savvy Resources Ltd - HongKong
- SN Aboitiz Power Inc, Philippines
- Orica Australia Pty. Ltd.
- Trasteel International SA, Italy
- Mercuria Energy - Indonesia
- Energy Link Ltd, New Zealand
- Ministry of Finance - Indonesia
- Siam City Cement - Thailand
- Eastern Coal Council - USA
- Borneo Indobara - Indonesia
- Baramulti Group, Indonesia
- Indian Energy Exchange, India
- Georgia Ports Authority, United States
- Gujarat Sidhee Cement - India
- London Commodity Brokers - England
- Antam Resourcindo - Indonesia
- Australian Coal Association
- MS Steel International - UAE
- Sinarmas Energy and Mining - Indonesia
- The Treasury - Australian Government
- Bangladesh Power Developement Board
- European Bulk Services B.V. - Netherlands
- Bhoruka Overseas - Indonesia
- Bukit Makmur.PT - Indonesia
- Sindya Power Generating Company Private Ltd
- Bukit Asam (Persero) Tbk - Indonesia
- Indogreen Group - Indonesia
- PowerSource Philippines DevCo
- Altura Mining Limited, Indonesia
- Salva Resources Pvt Ltd - India
- Bayan Resources Tbk. - Indonesia
- Medco Energi Mining Internasional
- Formosa Plastics Group - Taiwan
- Vizag Seaport Private Limited - India
- Renaissance Capital - South Africa
- Energy Development Corp, Philippines
- Interocean Group of Companies - India
- TNB Fuel Sdn Bhd - Malaysia
- Star Paper Mills Limited - India
- Cigading International Bulk Terminal - Indonesia
- Carbofer General Trading SA - India
- The State Trading Corporation of India Ltd
- CIMB Investment Bank - Malaysia
- Grasim Industreis Ltd - India
- Samtan Co., Ltd - South Korea
- Maharashtra Electricity Regulatory Commission - India
- PNOC Exploration Corporation - Philippines
- AsiaOL BioFuels Corp., Philippines
- ICICI Bank Limited - India
- VISA Power Limited - India
- Sical Logistics Limited - India
- Heidelberg Cement - Germany
- Essar Steel Hazira Ltd - India
- GN Power Mariveles Coal Plant, Philippines
- IHS Mccloskey Coal Group - USA
- LBH Netherlands Bv - Netherlands
- TeaM Sual Corporation - Philippines
- Indika Energy - Indonesia
- Intertek Mineral Services - Indonesia
- Deloitte Consulting - India
- Riau Bara Harum - Indonesia
- GMR Energy Limited - India
- Posco Energy - South Korea
- Australian Commodity Traders Exchange
- Agrawal Coal Company - India
- Pipit Mutiara Jaya. PT, Indonesia
- SMG Consultants - Indonesia
- Aditya Birla Group - India
- San Jose City I Power Corp, Philippines
- Central Electricity Authority - India
- New Zealand Coal & Carbon
- Sakthi Sugars Limited - India
- Semirara Mining Corp, Philippines
- Attock Cement Pakistan Limited
- Maheswari Brothers Coal Limited - India
- Meralco Power Generation, Philippines
- Rio Tinto Coal - Australia
- Electricity Authority, New Zealand
- ASAPP Information Group - India
- India Bulls Power Limited - India
- Lanco Infratech Ltd - India
- Neyveli Lignite Corporation Ltd, - India
- Banpu Public Company Limited - Thailand
- Karaikal Port Pvt Ltd - India
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Bulk Trading Sa - Switzerland
- Miang Besar Coal Terminal - Indonesia
- Madhucon Powers Ltd - India
- Sree Jayajothi Cements Limited - India
- Parry Sugars Refinery, India
- Chettinad Cement Corporation Ltd - India
- Eastern Energy - Thailand
- Orica Mining Services - Indonesia
- Bukit Baiduri Energy - Indonesia
- PetroVietnam Power Coal Import and Supply Company
- Jorong Barutama Greston.PT - Indonesia
- Parliament of New Zealand
- Ambuja Cements Ltd - India
- Vedanta Resources Plc - India
- Leighton Contractors Pty Ltd - Australia
- Makarim & Taira - Indonesia
- Metalloyd Limited - United Kingdom
- Karbindo Abesyapradhi - Indoneisa
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