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Tuesday, 07 August 12
THE JAKARTA POST EDITORIAL: REVISITING THE MINING LAW
The Jakarta post, one of the leading English news paper in Indonesia writes in its editorial today, what the domestic and foreign investors had dreaded after the 2009 Mining and Coal law was enacted after more than three years of squabbling in the House of Representatives, has taken place.
The combination of inadequate institutional capacity, greed and corruption has resulted in the issuance of thousands of overlapping mining permits which contravened other laws, especially those regarding forestry and the environment.
The philosophy of the law was politically welcomed because the legislation devolves the authority for awarding mining licenses, outside oil and natural gas, to regional administrations (mostly regents). That was considered the best way of ensuring that natural resources are managed to serve the best interests of the local people.
Politicians in the House imagined the new legislation would better serve national interests, as it limits areas of exploration to 100,000 hectares, and cuts the validity of mining operations from a maximum of 70 years to 20, with two possible 10-year extensions.
Mining firms were expected to be more responsible, because, different from a contract of work, which integrates permits for all stages of mining operations, the new law requires companies to seek separate permits for each phase of mining activity – from exploration to feasibility studies and construction of production facilities. Mining firms must also process all mining products locally into metal starting in 2014.
But as more than 5,000 legally-flawed mining permits have been issued, many now question whether the decentralization of mining permits, mostly to regents, is in compliance with the 33rd article of the Constitution, which stipulates that the land, the waters and the natural resources within shall be under the powers of the state and shall be used to the greatest benefit of the people.
The shorter mining permits seem to have prompted reckless over-exploitation of resources, as can be seen in the exponential increase in unprocessed mineral exports over the past two years: nickel ore exports rose eightfold to 33 million tons in 2011, iron ore sevenfold to 13 million tons, copper more than tenfold to 14 million tons and bauxite fivefold to 40 million tons.
What makes everything even more murky, and causes legal black holes, are two contradictory provisions in the new law. One of them states that the sanctity of contracts of work in mining issued before the new law will be fully honored, but another provision stipulates that such pre-existing contracts must be adjusted to the provisions of the new law.
The Energy and Mineral Resources Ministry is now reviewing more than 5,000 legally defective mining permits, and has forced mining companies to be more serious in processing their minerals or metals locally by imposing export taxes on unprocessed mineral exports.
Such a piece-meal solution, let alone the issuance of ill-thought policy instruments as the surcharge on unprocessed mineral exports, is not effective in addressing the imbroglio that has been gripping the mining industry over the past three years.
The problem is that the central government itself took almost two years to prepare all the derivative regulations to implement the 2009 mining law. Hence, the law has been in full-fledged enforcement for only about two years now, while the implementation of many of its provisions on processing industry require more than three years of preparation and five years for construction.
In fact, it will take more than three years to increase the technical competence of district or regency administrations to enforce the law, and much longer for firms to plan and build smelters, which requires a huge amount of low-cost energy to be feasible.
It is thus a matter of urgency that the central government, regional mining chiefs and mining companies, sit down for an overall review of the mining law and make whatever adjustments are needed to make it politically and commercially enforceable.
Source: The Jakarta Post
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Friday, 27 July 12
PACIFIC MARKET REMAINED FLAT - FEARNLEYS AS
Handy
The Atlantic market continued its downward trend from last week with what appears to be a summer lull across the board. A trip from the USG t ...
Wednesday, 25 July 12
BUKIT ASAMS H1 REVENUE JUMPED BY 13 PERCENT
COALspot.com - PT Bukit Asam (Persero), Tbk., the state owned coal miner's revenue in H1 2012, has jumped 13 percent to IDR 5.79 trillion (approxim ...
Wednesday, 25 July 12
BUMI RESOURCES MINERALS SECURED PINJAM PAKAI FOR ITS ZINC AND LEAD PROJECT
COALspot.com - PT Bumi Resources Minerals Tbk. ("BRMS" or "the Company") today reported that its 80% owned subsidiary, PT Dairi ...
Tuesday, 24 July 12
SHIP OWNERS WAITING FOR SHIP PRICES TO FALL FURTHER BEFORE MOVING IN MORE AGGRESSIVELY - NIKOS ROUSSANOGLOU, HELLENIC SHIPPING
With the summer season already well under way and many ship owners getting ready for the autumn, the sale & purchasing activity of second hand v ...
Monday, 23 July 12
NTPC INVITES BIDS FOR 2.6 MILLION TONS OF LOW MOISTURE IMPORTED COAL
COALspot.com - India’s largest electricity generator, NTPC Limited, incorporated in 1975 as a public sector company wholly owned by Government ...
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- Minerals Council of Australia
- Romanian Commodities Exchange
- Pendopo Energi Batubara - Indonesia
- Aditya Birla Group - India
- Indian Energy Exchange, India
- Sindya Power Generating Company Private Ltd
- Antam Resourcindo - Indonesia
- Ministry of Finance - Indonesia
- AsiaOL BioFuels Corp., Philippines
- Edison Trading Spa - Italy
- Economic Council, Georgia
- TeaM Sual Corporation - Philippines
- Billiton Holdings Pty Ltd - Australia
- Indogreen Group - Indonesia
- Africa Commodities Group - South Africa
- Sojitz Corporation - Japan
- Larsen & Toubro Limited - India
- Pipit Mutiara Jaya. PT, Indonesia
- Thai Mozambique Logistica
- Independent Power Producers Association of India
- Formosa Plastics Group - Taiwan
- Asmin Koalindo Tuhup - Indonesia
- Sarangani Energy Corporation, Philippines
- GMR Energy Limited - India
- Commonwealth Bank - Australia
- Vedanta Resources Plc - India
- Gujarat Mineral Development Corp Ltd - India
- Indo Tambangraya Megah - Indonesia
- Maheswari Brothers Coal Limited - India
- Marubeni Corporation - India
- Kobexindo Tractors - Indoneisa
- SMC Global Power, Philippines
- International Coal Ventures Pvt Ltd - India
- Sinarmas Energy and Mining - Indonesia
- Australian Coal Association
- Petrochimia International Co. Ltd.- Taiwan
- Makarim & Taira - Indonesia
- Gujarat Sidhee Cement - India
- Jaiprakash Power Ventures ltd
- Bahari Cakrawala Sebuku - Indonesia
- Gujarat Electricity Regulatory Commission - India
- Ministry of Mines - Canada
- Mjunction Services Limited - India
- Electricity Authority, New Zealand
- OPG Power Generation Pvt Ltd - India
- Jorong Barutama Greston.PT - Indonesia
- Rio Tinto Coal - Australia
- Dalmia Cement Bharat India
- Salva Resources Pvt Ltd - India
- Tamil Nadu electricity Board
- Ambuja Cements Ltd - India
- Holcim Trading Pte Ltd - Singapore
- White Energy Company Limited
- Attock Cement Pakistan Limited
- Wood Mackenzie - Singapore
- McConnell Dowell - Australia
- Anglo American - United Kingdom
- SN Aboitiz Power Inc, Philippines
- Global Business Power Corporation, Philippines
- Agrawal Coal Company - India
- The Treasury - Australian Government
- Maharashtra Electricity Regulatory Commission - India
- Georgia Ports Authority, United States
- PetroVietnam Power Coal Import and Supply Company
- Aboitiz Power Corporation - Philippines
- Baramulti Group, Indonesia
- Kalimantan Lumbung Energi - Indonesia
- India Bulls Power Limited - India
- Singapore Mercantile Exchange
- Ind-Barath Power Infra Limited - India
- Ministry of Transport, Egypt
- European Bulk Services B.V. - Netherlands
- The State Trading Corporation of India Ltd
- Xindia Steels Limited - India
- Posco Energy - South Korea
- Alfred C Toepfer International GmbH - Germany
- Central Electricity Authority - India
- Renaissance Capital - South Africa
- Interocean Group of Companies - India
- New Zealand Coal & Carbon
- Simpson Spence & Young - Indonesia
- Vijayanagar Sugar Pvt Ltd - India
- Kapuas Tunggal Persada - Indonesia
- Standard Chartered Bank - UAE
- Binh Thuan Hamico - Vietnam
- Medco Energi Mining Internasional
- Chamber of Mines of South Africa
- Bukit Baiduri Energy - Indonesia
- CIMB Investment Bank - Malaysia
- Parliament of New Zealand
- Power Finance Corporation Ltd., India
- Kepco SPC Power Corporation, Philippines
- IHS Mccloskey Coal Group - USA
- Malabar Cements Ltd - India
- Indonesian Coal Mining Association
- Lanco Infratech Ltd - India
- Trasteel International SA, Italy
- Merrill Lynch Commodities Europe
- Indian Oil Corporation Limited
- Manunggal Multi Energi - Indonesia
- Miang Besar Coal Terminal - Indonesia
- Directorate General of MIneral and Coal - Indonesia
- VISA Power Limited - India
- Bukit Asam (Persero) Tbk - Indonesia
- Krishnapatnam Port Company Ltd. - India
- Petron Corporation, Philippines
- Bank of Tokyo Mitsubishi UFJ Ltd
- Offshore Bulk Terminal Pte Ltd, Singapore
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Mintek Dendrill Indonesia
- GN Power Mariveles Coal Plant, Philippines
- Karbindo Abesyapradhi - Indoneisa
- Videocon Industries ltd - India
- Semirara Mining Corp, Philippines
- Chettinad Cement Corporation Ltd - India
- Thiess Contractors Indonesia
- Mercator Lines Limited - India
- The University of Queensland
- Energy Link Ltd, New Zealand
- Intertek Mineral Services - Indonesia
- MS Steel International - UAE
- Samtan Co., Ltd - South Korea
- Port Waratah Coal Services - Australia
- TNB Fuel Sdn Bhd - Malaysia
- Bulk Trading Sa - Switzerland
- Wilmar Investment Holdings
- Eastern Energy - Thailand
- Globalindo Alam Lestari - Indonesia
- IEA Clean Coal Centre - UK
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Cigading International Bulk Terminal - Indonesia
- Coastal Gujarat Power Limited - India
- ASAPP Information Group - India
- Parry Sugars Refinery, India
- Jindal Steel & Power Ltd - India
- Metalloyd Limited - United Kingdom
- SMG Consultants - Indonesia
- Mercuria Energy - Indonesia
- Bangladesh Power Developement Board
- Orica Mining Services - Indonesia
- Directorate Of Revenue Intelligence - India
- Oldendorff Carriers - Singapore
- Kaltim Prima Coal - Indonesia
- ICICI Bank Limited - India
- Essar Steel Hazira Ltd - India
- Siam City Cement PLC, Thailand
- Therma Luzon, Inc, Philippines
- Bhushan Steel Limited - India
- Latin American Coal - Colombia
- Semirara Mining and Power Corporation, Philippines
- Kohat Cement Company Ltd. - Pakistan
- Cement Manufacturers Association - India
- GAC Shipping (India) Pvt Ltd
- Central Java Power - Indonesia
- London Commodity Brokers - England
- Carbofer General Trading SA - India
- Leighton Contractors Pty Ltd - Australia
- PNOC Exploration Corporation - Philippines
- Altura Mining Limited, Indonesia
- Iligan Light & Power Inc, Philippines
- Price Waterhouse Coopers - Russia
- Sical Logistics Limited - India
- Meralco Power Generation, Philippines
- Bukit Makmur.PT - Indonesia
- Kideco Jaya Agung - Indonesia
- PowerSource Philippines DevCo
- Energy Development Corp, Philippines
- Bayan Resources Tbk. - Indonesia
- Grasim Industreis Ltd - India
- Sakthi Sugars Limited - India
- Global Green Power PLC Corporation, Philippines
- Rashtriya Ispat Nigam Limited - India
- Siam City Cement - Thailand
- Meenaskhi Energy Private Limited - India
- Heidelberg Cement - Germany
- Vizag Seaport Private Limited - India
- Tata Chemicals Ltd - India
- Savvy Resources Ltd - HongKong
- Star Paper Mills Limited - India
- Neyveli Lignite Corporation Ltd, - India
- Riau Bara Harum - Indonesia
- Timah Investasi Mineral - Indoneisa
- Banpu Public Company Limited - Thailand
- Electricity Generating Authority of Thailand
- Coalindo Energy - Indonesia
- Barasentosa Lestari - Indonesia
- Deloitte Consulting - India
- Ceylon Electricity Board - Sri Lanka
- Borneo Indobara - Indonesia
- Coal and Oil Company - UAE
- Bhoruka Overseas - Indonesia
- San Jose City I Power Corp, Philippines
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Orica Australia Pty. Ltd.
- Kumho Petrochemical, South Korea
- CNBM International Corporation - China
- GVK Power & Infra Limited - India
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Bharathi Cement Corporation - India
- Goldman Sachs - Singapore
- Karaikal Port Pvt Ltd - India
- Bhatia International Limited - India
- Madhucon Powers Ltd - India
- Kartika Selabumi Mining - Indonesia
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Planning Commission, India
- Toyota Tsusho Corporation, Japan
- South Luzon Thermal Energy Corporation
- Sree Jayajothi Cements Limited - India
- Uttam Galva Steels Limited - India
- Australian Commodity Traders Exchange
- PTC India Limited - India
- Indika Energy - Indonesia
- Straits Asia Resources Limited - Singapore
- LBH Netherlands Bv - Netherlands
- Global Coal Blending Company Limited - Australia
- Eastern Coal Council - USA
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