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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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Sunday, 22 July 12
NEW CHAIRMAN FOR AUSTRALIAN COAL ASSOCIATION
The Australian Coal Association (ACA) announced that Mr Ross Willims has been appointed as its new independent Chairman effective November 5 2012. M ...
Sunday, 22 July 12
CENTRAL KALIMANTAN COAL RAILWAY NETWORK WILL BE BUILT BY 2015 - THE BORNEO POST
The borneo post reported that, a declaration to build a coal railway network is signed today (12/07/2012) in front of the Indonesian Vice President ...
Sunday, 22 July 12
COAL PRICES IN MIXED TRENDS; STOCKS REMAIN HIGH AT BOTH ENDS
COALspot.com - Sub-Bit Indonesia coal swaps (FOB ) for September 2012 delivery fell 0.99 percent on last Friday closing (d-o-d) and 1.19 percent com ...
Sunday, 22 July 12
TATA POWER SIGNS A LONG TERM COAL SUPPLY AGREEMENT WITH PT ANTANG GUNUNG MERATUS, INDONESIA
COALspot.com - Tata Power, India’s largest integrated power utility, last Friday announced that it has signed a long term coal suppl ...
Saturday, 21 July 12
THE FREIGHT RATES ARE EXPECTED TO BE FLAT TO SOFT NEXT WEEK - VISTAAR
COALspot.com - The freight market was soft this week as all the segments were down.
The BDI was down by 6.58 pct closing at 1,037 points and the ...
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- TNB Fuel Sdn Bhd - Malaysia
- Borneo Indobara - Indonesia
- Sindya Power Generating Company Private Ltd
- PetroVietnam Power Coal Import and Supply Company
- Cement Manufacturers Association - India
- Chettinad Cement Corporation Ltd - India
- PowerSource Philippines DevCo
- South Luzon Thermal Energy Corporation
- Leighton Contractors Pty Ltd - Australia
- Timah Investasi Mineral - Indoneisa
- Ministry of Mines - Canada
- Parry Sugars Refinery, India
- Miang Besar Coal Terminal - Indonesia
- Sojitz Corporation - Japan
- Gujarat Sidhee Cement - India
- Thiess Contractors Indonesia
- Parliament of New Zealand
- Port Waratah Coal Services - Australia
- Price Waterhouse Coopers - Russia
- Manunggal Multi Energi - Indonesia
- Vijayanagar Sugar Pvt Ltd - India
- Toyota Tsusho Corporation, Japan
- Krishnapatnam Port Company Ltd. - India
- India Bulls Power Limited - India
- Kapuas Tunggal Persada - Indonesia
- Samtan Co., Ltd - South Korea
- Simpson Spence & Young - Indonesia
- Ceylon Electricity Board - Sri Lanka
- Energy Development Corp, Philippines
- Jindal Steel & Power Ltd - India
- Savvy Resources Ltd - HongKong
- Altura Mining Limited, Indonesia
- Asmin Koalindo Tuhup - Indonesia
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Coalindo Energy - Indonesia
- Rashtriya Ispat Nigam Limited - India
- Vizag Seaport Private Limited - India
- Latin American Coal - Colombia
- Pipit Mutiara Jaya. PT, Indonesia
- Barasentosa Lestari - Indonesia
- Georgia Ports Authority, United States
- Metalloyd Limited - United Kingdom
- Therma Luzon, Inc, Philippines
- Singapore Mercantile Exchange
- SN Aboitiz Power Inc, Philippines
- Aditya Birla Group - India
- International Coal Ventures Pvt Ltd - India
- Sinarmas Energy and Mining - Indonesia
- Medco Energi Mining Internasional
- London Commodity Brokers - England
- The Treasury - Australian Government
- Essar Steel Hazira Ltd - India
- PTC India Limited - India
- AsiaOL BioFuels Corp., Philippines
- Global Business Power Corporation, Philippines
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Meralco Power Generation, Philippines
- Ministry of Finance - Indonesia
- Indika Energy - Indonesia
- Global Green Power PLC Corporation, Philippines
- Carbofer General Trading SA - India
- MS Steel International - UAE
- Attock Cement Pakistan Limited
- SMG Consultants - Indonesia
- GAC Shipping (India) Pvt Ltd
- The University of Queensland
- GVK Power & Infra Limited - India
- LBH Netherlands Bv - Netherlands
- Bukit Makmur.PT - Indonesia
- GMR Energy Limited - India
- Electricity Authority, New Zealand
- IEA Clean Coal Centre - UK
- Petrochimia International Co. Ltd.- Taiwan
- Thai Mozambique Logistica
- Indian Energy Exchange, India
- New Zealand Coal & Carbon
- Mjunction Services Limited - India
- Bukit Asam (Persero) Tbk - Indonesia
- TeaM Sual Corporation - Philippines
- Karaikal Port Pvt Ltd - India
- OPG Power Generation Pvt Ltd - India
- Standard Chartered Bank - UAE
- IHS Mccloskey Coal Group - USA
- Indian Oil Corporation Limited
- Electricity Generating Authority of Thailand
- Orica Australia Pty. Ltd.
- Bayan Resources Tbk. - Indonesia
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- ASAPP Information Group - India
- Planning Commission, India
- Intertek Mineral Services - Indonesia
- Chamber of Mines of South Africa
- Siam City Cement - Thailand
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Kaltim Prima Coal - Indonesia
- Grasim Industreis Ltd - India
- Kartika Selabumi Mining - Indonesia
- Petron Corporation, Philippines
- Posco Energy - South Korea
- The State Trading Corporation of India Ltd
- Deloitte Consulting - India
- Asia Pacific Energy Resources Ventures Inc, Philippines
- PNOC Exploration Corporation - Philippines
- Sakthi Sugars Limited - India
- Bhoruka Overseas - Indonesia
- Directorate Of Revenue Intelligence - India
- Sical Logistics Limited - India
- Kumho Petrochemical, South Korea
- Mercuria Energy - Indonesia
- Anglo American - United Kingdom
- Aboitiz Power Corporation - Philippines
- Wood Mackenzie - Singapore
- Oldendorff Carriers - Singapore
- Merrill Lynch Commodities Europe
- Central Electricity Authority - India
- Formosa Plastics Group - Taiwan
- Bangladesh Power Developement Board
- Karbindo Abesyapradhi - Indoneisa
- Madhucon Powers Ltd - India
- Xindia Steels Limited - India
- Ministry of Transport, Egypt
- CIMB Investment Bank - Malaysia
- Energy Link Ltd, New Zealand
- Coal and Oil Company - UAE
- Gujarat Electricity Regulatory Commission - India
- White Energy Company Limited
- Jaiprakash Power Ventures ltd
- Offshore Bulk Terminal Pte Ltd, Singapore
- Marubeni Corporation - India
- Minerals Council of Australia
- Independent Power Producers Association of India
- Maharashtra Electricity Regulatory Commission - India
- Meenaskhi Energy Private Limited - India
- Baramulti Group, Indonesia
- Bharathi Cement Corporation - India
- Salva Resources Pvt Ltd - India
- Straits Asia Resources Limited - Singapore
- Siam City Cement PLC, Thailand
- European Bulk Services B.V. - Netherlands
- Binh Thuan Hamico - Vietnam
- Commonwealth Bank - Australia
- Kobexindo Tractors - Indoneisa
- Mintek Dendrill Indonesia
- Tamil Nadu electricity Board
- SMC Global Power, Philippines
- Power Finance Corporation Ltd., India
- Antam Resourcindo - Indonesia
- Mercator Lines Limited - India
- Tata Chemicals Ltd - India
- Indogreen Group - Indonesia
- Lanco Infratech Ltd - India
- Vedanta Resources Plc - India
- Makarim & Taira - Indonesia
- Kepco SPC Power Corporation, Philippines
- Gujarat Mineral Development Corp Ltd - India
- Neyveli Lignite Corporation Ltd, - India
- Economic Council, Georgia
- Holcim Trading Pte Ltd - Singapore
- Australian Coal Association
- Globalindo Alam Lestari - Indonesia
- Semirara Mining Corp, Philippines
- Sarangani Energy Corporation, Philippines
- Directorate General of MIneral and Coal - Indonesia
- Sree Jayajothi Cements Limited - India
- Pendopo Energi Batubara - Indonesia
- Bahari Cakrawala Sebuku - Indonesia
- Heidelberg Cement - Germany
- Star Paper Mills Limited - India
- Jorong Barutama Greston.PT - Indonesia
- Romanian Commodities Exchange
- Bhushan Steel Limited - India
- Uttam Galva Steels Limited - India
- GN Power Mariveles Coal Plant, Philippines
- Rio Tinto Coal - Australia
- Kohat Cement Company Ltd. - Pakistan
- Indonesian Coal Mining Association
- Billiton Holdings Pty Ltd - Australia
- Maheswari Brothers Coal Limited - India
- McConnell Dowell - Australia
- Indo Tambangraya Megah - Indonesia
- Bukit Baiduri Energy - Indonesia
- VISA Power Limited - India
- Goldman Sachs - Singapore
- Edison Trading Spa - Italy
- Iligan Light & Power Inc, Philippines
- Ambuja Cements Ltd - India
- Eastern Coal Council - USA
- Bank of Tokyo Mitsubishi UFJ Ltd
- Dalmia Cement Bharat India
- Bhatia International Limited - India
- CNBM International Corporation - China
- San Jose City I Power Corp, Philippines
- Ind-Barath Power Infra Limited - India
- Alfred C Toepfer International GmbH - Germany
- Larsen & Toubro Limited - India
- Coastal Gujarat Power Limited - India
- Eastern Energy - Thailand
- Interocean Group of Companies - India
- Global Coal Blending Company Limited - Australia
- Banpu Public Company Limited - Thailand
- Central Java Power - Indonesia
- Wilmar Investment Holdings
- Kideco Jaya Agung - Indonesia
- Trasteel International SA, Italy
- ICICI Bank Limited - India
- Malabar Cements Ltd - India
- Orica Mining Services - Indonesia
- Agrawal Coal Company - India
- Cigading International Bulk Terminal - Indonesia
- Riau Bara Harum - Indonesia
- Australian Commodity Traders Exchange
- Africa Commodities Group - South Africa
- Bulk Trading Sa - Switzerland
- Renaissance Capital - South Africa
- Videocon Industries ltd - India
- Kalimantan Lumbung Energi - Indonesia
- Semirara Mining and Power Corporation, Philippines
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