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Wednesday, 02 March 16
RE-EVALUATION OF MINING LICENSES CLEAN AND CLEAR STATUS IN INDONESIA
 COALspot.com: In connection with the transfer of mining authority from Regents/Mayors to Governors1 and from Regents/Mayors and Governors to the Indonesian Minister of Energy and Mineral Resources ("MEMR")2 pursuant to the New Regional Government Law3, the MEMR is conducting another review of existing mining licenses (known as IUPs) previously issued by Regents/Mayors and Governors.
MEMR Regulation No. 43 of 2015 regarding Procedures for Evaluation of Issuance of Mineral and Coal Mining Business License ("MEMR 43/2015") sets forth the requirements for IUPs to be declared Clean and Clear ("CNC"), meaning they have been validly issued and conform to the requirements of the Mining Law. The requirements and consequences for failure to satisfy them are as follow:
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Requirements |
Consequence for Failure |
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application for renewal or upgrade of IUP must be submitted within its term of validity |
revocation of IUP |
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area reservation and KP (former form of IUP) application must be approved prior to the issuance of the Mining Law |
revocation of IUP |
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application for area reservation must not overlap with any active COW, CCOW, KP or IUP area for the same mining commodity |
revocation of IUP |
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Exploitation KP must derive from an upgraded Exploration KP |
revocation of IUP |
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except in the case of a public company, a company must not have more than one IUP |
(i) issuance of single IUP consolidating IUPs the areas of which are adjacent to each other, for the same mining commodity and in the same stage (exploration or production); or
(ii) transfer of IUPs to 51% owned subsidiary(-ies)
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IUP term of validity must not exceed the period prescribed under the Mining Law |
adjustment of IUP's term of validity |
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IUP area must not overlap with other IUP areas for the same mining commodity or National Reservation Area or other regency/city/province area |
(i) reduction of area reflecting partial overlap; or
(ii) revocation of IUP if the overlap covers the whole IUP area4
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Exploration IUP's coordinates must be in accordance with the area reservation |
(i) change of coordinates if there is partial non-conformance to the area reservation or Exploration IUP’s coordinates, as relevant; or
(ii) revocation of IUP if the entire IUP area does not conform to the area reservation or Exploration IUP’s coordinates
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Production Operation IUP's coordinates must be within the Exploration IUP's coordinates |
(i) change of coordinates if there is partial non-conformance to the area reservation or Exploration IUP’s coordinates, as relevant; or
(ii) revocation of IUP if the entire IUP area does not conform to the area reservation or Exploration IUP’s coordinates
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IUP's coordinates must be straight lines parallel to latitude and longitude |
adjustment of IUP's coordinates |
MEMR will only issue CNC Certificates to mining companies which have submitted the following documents:
1. exploration report and, if applicable, feasibility study report;
2. environmental documents, i.e. AMDAL or UKL-UPL; and
3. evidence of payment of dead rent and, if applicable, royalty.
Failure to submit the above documents may result in administrative sanctions in the form of written warnings, temporary suspension of mining activities or revocation of IUP.
By: Michael S. Carl & Florence G. Santoso
1(Applies to domestic mining companies having a mining area located within one province)
2(Applies to (i) domestic mining companies having a mining area located in more than one province and (ii) all foreign-owned mining companies)
3(Law No. 23 of 2014 regarding Regional Government, as lastly amended by Law No. 9 of 2015)
4(In the event of overlap between IUPs having the same mining commodity, first come, first served applies, based on the date of submission of application and satisfaction of all requirements.)
(This publication is intended for informational purposes only and does not constitute legal advice. Any reliance on the material contained herein is at the user’s own risk)
 About Michael S. Carl
Michael S. Carl is a foreign legal advisor at SSEK Legal Consultants, where he is a supervising advisor for the firm’s mining practice.
He specializes in mining, energy, infrastructure, finance, insolvency and restructurings, and M&A.
Michael is named by Who’s Who Legal as one of Indonesia’s leading mining lawyers and he has been recognized as a leading lawyer by Chambers Global, IFLR 1000 and Asialaw.
 About Florence G. Santoso
Florence G. Santoso is experienced in energy, infrastructure, investment and mergers and acquisitions, and has been involved in a number of acquisitions involving industrial and trading companies.
Since joining SSEK Legal Consultants in 2010, Florence has been involved in numerous major mining transactions.
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Thursday, 10 March 16
IT FEELS SAFE TO SAY THAT THE MARKET IS SLOWLY AND PAINFULLY REGAINING ITS BALANCE
With the BDI marking its third consecutive positive weekly closing, it feels safe to say that the market is regaining its balance; slowly and painf ...
Wednesday, 09 March 16
U.S. COAL EXPORTS DECLINED 24% (74 MMST) IN 2015; COAL PRODUCTION IS EXPECTED TO DECREASE BY 111 MMST IN 2016 - EIA
U.S. Coal Supply
EIA estimates that U.S. coal production for February 2016 was 54 million short tons (MMst), a 4 MMst (7%) decrease from the prev ...
Wednesday, 09 March 16
RI MAY HAVE TO IMPORT COAL FOR FUTURE POWER PLANTS: STUDY - THE JAKARTA POST
With coal prices continuing to decline, Indonesia will struggle to provide the coal needed to fire up its power stations in the near future, a stud ...
Tuesday, 08 March 16
INDONESIA HIKES COAL BENCHMARK PRICE FOR THE FIRST TIME IN 12 MONTHS
COALspot.com: Low coal demand and excess supplies sent Indonesian benchmark coal price further deep in February 2016, but up slightly in Mar ...
Tuesday, 08 March 16
THE DRY CARGO MARKET ENDURED ONE OF ITS MOST DIFFICULT YEARS IN 2015, EXPERIENCING LOWS NOT SEEN SINCE THE MID 1980S - CLARKSONS
Whilst shipping and offshore markets have seen some good opportunities during 2015, overall there have been unprecedented challenges, so we are ver ...
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Showing 2531 to 2535 news of total 6871 |
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- Kideco Jaya Agung - Indonesia
- Electricity Generating Authority of Thailand
- Medco Energi Mining Internasional
- Offshore Bulk Terminal Pte Ltd, Singapore
- Mercuria Energy - Indonesia
- Australian Coal Association
- Indian Oil Corporation Limited
- Directorate Of Revenue Intelligence - India
- GN Power Mariveles Coal Plant, Philippines
- San Jose City I Power Corp, Philippines
- Bhatia International Limited - India
- Meenaskhi Energy Private Limited - India
- GMR Energy Limited - India
- Malabar Cements Ltd - India
- Ministry of Finance - Indonesia
- Minerals Council of Australia
- Xindia Steels Limited - India
- Timah Investasi Mineral - Indoneisa
- ICICI Bank Limited - India
- Renaissance Capital - South Africa
- Videocon Industries ltd - India
- Krishnapatnam Port Company Ltd. - India
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Gujarat Mineral Development Corp Ltd - India
- Deloitte Consulting - India
- Ministry of Transport, Egypt
- Thai Mozambique Logistica
- New Zealand Coal & Carbon
- TNB Fuel Sdn Bhd - Malaysia
- McConnell Dowell - Australia
- CNBM International Corporation - China
- Parliament of New Zealand
- Kaltim Prima Coal - Indonesia
- VISA Power Limited - India
- Miang Besar Coal Terminal - Indonesia
- Economic Council, Georgia
- Bangladesh Power Developement Board
- Savvy Resources Ltd - HongKong
- Oldendorff Carriers - Singapore
- Banpu Public Company Limited - Thailand
- Globalindo Alam Lestari - Indonesia
- Mjunction Services Limited - India
- Sakthi Sugars Limited - India
- Africa Commodities Group - South Africa
- Formosa Plastics Group - Taiwan
- Sree Jayajothi Cements Limited - India
- Mercator Lines Limited - India
- Independent Power Producers Association of India
- Energy Development Corp, Philippines
- Sindya Power Generating Company Private Ltd
- Gujarat Electricity Regulatory Commission - India
- Marubeni Corporation - India
- Commonwealth Bank - Australia
- Manunggal Multi Energi - Indonesia
- Indian Energy Exchange, India
- Straits Asia Resources Limited - Singapore
- Makarim & Taira - Indonesia
- Interocean Group of Companies - India
- Bank of Tokyo Mitsubishi UFJ Ltd
- Pipit Mutiara Jaya. PT, Indonesia
- Siam City Cement - Thailand
- Jorong Barutama Greston.PT - Indonesia
- PTC India Limited - India
- Ambuja Cements Ltd - India
- Maharashtra Electricity Regulatory Commission - India
- Edison Trading Spa - Italy
- Attock Cement Pakistan Limited
- PNOC Exploration Corporation - Philippines
- Metalloyd Limited - United Kingdom
- Sojitz Corporation - Japan
- Eastern Energy - Thailand
- Tata Chemicals Ltd - India
- Global Coal Blending Company Limited - Australia
- Sical Logistics Limited - India
- Asmin Koalindo Tuhup - Indonesia
- Star Paper Mills Limited - India
- Cement Manufacturers Association - India
- Billiton Holdings Pty Ltd - Australia
- MS Steel International - UAE
- Jaiprakash Power Ventures ltd
- Goldman Sachs - Singapore
- Petrochimia International Co. Ltd.- Taiwan
- Kapuas Tunggal Persada - Indonesia
- Romanian Commodities Exchange
- Kobexindo Tractors - Indoneisa
- Holcim Trading Pte Ltd - Singapore
- SN Aboitiz Power Inc, Philippines
- Ind-Barath Power Infra Limited - India
- White Energy Company Limited
- Cigading International Bulk Terminal - Indonesia
- Riau Bara Harum - Indonesia
- Anglo American - United Kingdom
- Mintek Dendrill Indonesia
- Ministry of Mines - Canada
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Thiess Contractors Indonesia
- Semirara Mining Corp, Philippines
- Aditya Birla Group - India
- Central Electricity Authority - India
- Intertek Mineral Services - Indonesia
- Vizag Seaport Private Limited - India
- Vedanta Resources Plc - India
- Karaikal Port Pvt Ltd - India
- Indonesian Coal Mining Association
- India Bulls Power Limited - India
- Coalindo Energy - Indonesia
- Kalimantan Lumbung Energi - Indonesia
- Eastern Coal Council - USA
- Bhushan Steel Limited - India
- Bharathi Cement Corporation - India
- Lanco Infratech Ltd - India
- Merrill Lynch Commodities Europe
- Indogreen Group - Indonesia
- Bukit Baiduri Energy - Indonesia
- Baramulti Group, Indonesia
- Standard Chartered Bank - UAE
- Siam City Cement PLC, Thailand
- GAC Shipping (India) Pvt Ltd
- Wood Mackenzie - Singapore
- IHS Mccloskey Coal Group - USA
- IEA Clean Coal Centre - UK
- PowerSource Philippines DevCo
- OPG Power Generation Pvt Ltd - India
- The University of Queensland
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- LBH Netherlands Bv - Netherlands
- Madhucon Powers Ltd - India
- GVK Power & Infra Limited - India
- Australian Commodity Traders Exchange
- Chamber of Mines of South Africa
- Samtan Co., Ltd - South Korea
- Gujarat Sidhee Cement - India
- Aboitiz Power Corporation - Philippines
- Indo Tambangraya Megah - Indonesia
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Vijayanagar Sugar Pvt Ltd - India
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Tamil Nadu electricity Board
- Binh Thuan Hamico - Vietnam
- Sinarmas Energy and Mining - Indonesia
- Bayan Resources Tbk. - Indonesia
- Electricity Authority, New Zealand
- Bulk Trading Sa - Switzerland
- European Bulk Services B.V. - Netherlands
- Kepco SPC Power Corporation, Philippines
- Toyota Tsusho Corporation, Japan
- PetroVietnam Power Coal Import and Supply Company
- Carbofer General Trading SA - India
- Therma Luzon, Inc, Philippines
- Directorate General of MIneral and Coal - Indonesia
- South Luzon Thermal Energy Corporation
- Barasentosa Lestari - Indonesia
- Grasim Industreis Ltd - India
- Posco Energy - South Korea
- Coastal Gujarat Power Limited - India
- The State Trading Corporation of India Ltd
- Heidelberg Cement - Germany
- Iligan Light & Power Inc, Philippines
- Meralco Power Generation, Philippines
- Indika Energy - Indonesia
- Jindal Steel & Power Ltd - India
- Kartika Selabumi Mining - Indonesia
- Rio Tinto Coal - Australia
- Ceylon Electricity Board - Sri Lanka
- CIMB Investment Bank - Malaysia
- Power Finance Corporation Ltd., India
- Alfred C Toepfer International GmbH - Germany
- Neyveli Lignite Corporation Ltd, - India
- Kumho Petrochemical, South Korea
- Leighton Contractors Pty Ltd - Australia
- Global Green Power PLC Corporation, Philippines
- SMG Consultants - Indonesia
- Chettinad Cement Corporation Ltd - India
- Simpson Spence & Young - Indonesia
- Bukit Makmur.PT - Indonesia
- Maheswari Brothers Coal Limited - India
- Bahari Cakrawala Sebuku - Indonesia
- Antam Resourcindo - Indonesia
- Borneo Indobara - Indonesia
- Agrawal Coal Company - India
- Wilmar Investment Holdings
- Central Java Power - Indonesia
- Planning Commission, India
- Semirara Mining and Power Corporation, Philippines
- International Coal Ventures Pvt Ltd - India
- Kohat Cement Company Ltd. - Pakistan
- The Treasury - Australian Government
- Price Waterhouse Coopers - Russia
- ASAPP Information Group - India
- Orica Mining Services - Indonesia
- Essar Steel Hazira Ltd - India
- Orica Australia Pty. Ltd.
- Bukit Asam (Persero) Tbk - Indonesia
- Georgia Ports Authority, United States
- Latin American Coal - Colombia
- Dalmia Cement Bharat India
- Bhoruka Overseas - Indonesia
- London Commodity Brokers - England
- Coal and Oil Company - UAE
- TeaM Sual Corporation - Philippines
- Global Business Power Corporation, Philippines
- Port Waratah Coal Services - Australia
- Salva Resources Pvt Ltd - India
- Parry Sugars Refinery, India
- Sarangani Energy Corporation, Philippines
- Rashtriya Ispat Nigam Limited - India
- AsiaOL BioFuels Corp., Philippines
- Larsen & Toubro Limited - India
- SMC Global Power, Philippines
- Petron Corporation, Philippines
- Altura Mining Limited, Indonesia
- Karbindo Abesyapradhi - Indoneisa
- Energy Link Ltd, New Zealand
- Singapore Mercantile Exchange
- Uttam Galva Steels Limited - India
- Trasteel International SA, Italy
- Pendopo Energi Batubara - Indonesia
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