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Friday, 10 July 09
INDONESIAN MINING LAW IN TRANSITION
 Further to the enactment of Law No. 4 of 2009 on Mineral and Coal Mining (“Law 4/2009”), the enactment of various implementing regulations is awaited, including regulations providing further details on the status of the existing mining structures, i.e. Contract of Work (known as Kontrak Karya or KK) (“CoW”), Coal Contract of Work (known as Perjanjian Karya Pengusahaan Pertambangan Batubara or PKP2B) (“CCoW”), and Mining Concessions (known as Kuasa Pertambangan) (“KP”). While the general framework for the adjustment of CoW and CCoW is provided, Law 4/2009 remains silent on the status of KP.
As the Indonesian mining community is still waiting for legal certainty in this sector, the Government of Indonesia through the Department of Energy and Mineral Resources initiated several policies to bridge the gap during this transition period by issuing Circular Letter of the Director General of Minerals, Coal and Geothermal Energy No. 03.E/31/DJB/2009 on Permits for Mineral and Coal Mining Before The Issuance of Government Regulations As The Implementation of Law No. 4 of 2009 (“SE 3/2009”).
SE 3/2009 is dated 30 January 2009 and was issued by the Director General of Minerals, Coal and Geothermal Energy (“DGMCG”) and signed for and on behalf of the Minister of Energy and Natural Resources (“Minister”). SE 3/2009 provides several guidelines for mineral and coal mining activities as follows:
i. KPs issued prior to enactment of Law No. 4 of 2009 (“Law 4/2009”) including any escalations thereof will remain valid for the remainder of their term and are to be converted to Mining Business Permits (Izin Usaha Pertambangan or “IUP”) within one year of issuance of Law 4/2009 (i.e., by 12 January 2010);
ii. The issuance of new IUPs is suspended pending the issuance of implementing regulations;
iii. Governors and Regents are to liaise with the DGMCG in respect of the processing of all applications for escalations and
extensions of KPs in accordance with Law 4/2009;
iv. Governors and Regents must submit to the Minister all applications for KPs, whose reserved mining areas were approved
before the enactment of Law 4/2009, for evaluation and verification in order to prepare the WIUP (Mining Business Permit Territories) in accordance with national spatial planning;
v. Governors and Regents must notify KPs holders who have done exploration and exploitation stages to submit their activity plan for approval by the KP grantor with a copy to the DGMCG at the latest 6 (six) months after the enactment of Law 4/2009;
vi. All KPs issued after 12 January 2009 are null and void;
vii. The DGMCG will issue a format for Exploration (IUP Eksplorasi) and Production Business Licences (IUP Operasi Produksi);
viii. New applications and extensions for Group C Mineral Mining Permits submitted before Law 4/2009 will be processed in accordance with Law 4/2009 after coordination with Governors;
ix. Applicants for CoW and CCoW must establish an Indonesian legal entity at the latest 6 months after the enactment of Law 4/2009 in order for their IUPs to be processed.
Following the enactment of SE 3/2009, and considering that there are still uncertainties among the mining stakeholders regarding the actions to be taken prior to the enactment of the implementing regulations of Law 4/2009, the DGMCG again issued Letter No. 1053/30/DJB/2009 dated 24 March 2009 addressed to all Governors and Regents/Mayors in Indonesia (“Letter 1053/2009”).
Letter 1053/2009 sets out the format for IUP (“IUP Format”) and stipulates as follows:
i. All KPs which are still valid must be adapted to become IUP, the format of which will be based on the IUP Format;
ii. The extension of KPs will be coordinated by the DGMCG based on the IUP Format;
iii. KP applications which were submitted prior to 12 January 2009 and obtained a territory reservation (pencadangan wilayah) will be processed to IUP, but without being required to participate in a tender process;
iv. CoW and CCoW which were submitted 6 (six) months prior to the enactment of Law 4/2009 and obtained principal approval
will be adjusted to IUP and must form an Indonesian legal entity, and may undergo the next steps to commence the designated mining activities without being required to participate in a tender process;
v. In order to obtain a corporate and investment approval related to the establishment of an Indonesian legal entity (foreign investment company) from the Department of Law and Human Rights and the Investment Coordinating Board (“BKPM”), a company must also obtain a recommendation from the DGCMG;
vi. The Governor and Regent/Mayor must submit all of the mining information (KP, CoW, CCoW) within each of their respective areas for the Government to formulate the Mining Business Permit Territory (“WIUP”).
Source: HPRP
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Saturday, 27 June 09
HEAVY CONGESTION AT AUSTRALIAN PORTS REACHING ALL TIME HIGH TO 120 SHIPS IN EAST COAST AUSTRALIA - VISTAAR SHIPPING
COALspot.com (Singapore): The market this week was a bit soft and the BDI was down by almost 10 pct and closed at 3,703 points.
The drop in BDI i ...
Friday, 26 June 09
INDONESIA INVESTORS EYE BHP BILLITON COAL PROJECT
About four Indonesian investors are interested in taking over a coal project owned by BHP Billiton Ltd, a senior government mining official said.
...
Friday, 26 June 09
SOUTH AFRICA'S CONSULTING GROUP OPENS OFFICES IN CHINA, INDONESIA
Consulting engineering company SRK Consulting has opened new offices in Asia to cope with the growing demand for its services in the region.
The ...
Friday, 26 June 09
RUSSIA MECHEL TO DELIVER 2 MLN T COKING COAL TO ASIA
Russian steel and coal producer Mechel said on Thursday it had signed contracts to deliver about 2 million tonnes of coking coal concentrate to unna ...
Friday, 26 June 09
SA COAL EXPORTS UNLIKELY TO BREACH 65MT THIS YEAR
Coal volumes railed to South Africa’s Richards Bay Coal Terminal (RBCT) during the rain-affected first quarter of 2009 had fallen well short o ...
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- SMG Consultants - Indonesia
- Mercator Lines Limited - India
- Mercuria Energy - Indonesia
- ICICI Bank Limited - India
- Bukit Asam (Persero) Tbk - Indonesia
- Bhatia International Limited - India
- Ministry of Transport, Egypt
- Merrill Lynch Commodities Europe
- Timah Investasi Mineral - Indoneisa
- Salva Resources Pvt Ltd - India
- Sojitz Corporation - Japan
- Antam Resourcindo - Indonesia
- Iligan Light & Power Inc, Philippines
- Africa Commodities Group - South Africa
- Sinarmas Energy and Mining - Indonesia
- LBH Netherlands Bv - Netherlands
- Vijayanagar Sugar Pvt Ltd - India
- MS Steel International - UAE
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- New Zealand Coal & Carbon
- Holcim Trading Pte Ltd - Singapore
- Carbofer General Trading SA - India
- Grasim Industreis Ltd - India
- Mjunction Services Limited - India
- Borneo Indobara - Indonesia
- Bukit Makmur.PT - Indonesia
- GVK Power & Infra Limited - India
- Orica Mining Services - Indonesia
- Latin American Coal - Colombia
- Uttam Galva Steels Limited - India
- India Bulls Power Limited - India
- Miang Besar Coal Terminal - Indonesia
- Maharashtra Electricity Regulatory Commission - India
- Heidelberg Cement - Germany
- Metalloyd Limited - United Kingdom
- Commonwealth Bank - Australia
- Parry Sugars Refinery, India
- Siam City Cement - Thailand
- Aditya Birla Group - India
- McConnell Dowell - Australia
- Chettinad Cement Corporation Ltd - India
- Semirara Mining Corp, Philippines
- Karbindo Abesyapradhi - Indoneisa
- Gujarat Electricity Regulatory Commission - India
- Siam City Cement PLC, Thailand
- Attock Cement Pakistan Limited
- Binh Thuan Hamico - Vietnam
- Rio Tinto Coal - Australia
- Orica Australia Pty. Ltd.
- Straits Asia Resources Limited - Singapore
- Ind-Barath Power Infra Limited - India
- Madhucon Powers Ltd - India
- Riau Bara Harum - Indonesia
- Jindal Steel & Power Ltd - India
- CIMB Investment Bank - Malaysia
- Baramulti Group, Indonesia
- Port Waratah Coal Services - Australia
- Standard Chartered Bank - UAE
- Aboitiz Power Corporation - Philippines
- Bhushan Steel Limited - India
- Jorong Barutama Greston.PT - Indonesia
- Bank of Tokyo Mitsubishi UFJ Ltd
- PNOC Exploration Corporation - Philippines
- Eastern Coal Council - USA
- Kideco Jaya Agung - Indonesia
- Offshore Bulk Terminal Pte Ltd, Singapore
- Marubeni Corporation - India
- Indonesian Coal Mining Association
- Indika Energy - Indonesia
- PTC India Limited - India
- Karaikal Port Pvt Ltd - India
- Bulk Trading Sa - Switzerland
- Toyota Tsusho Corporation, Japan
- Indogreen Group - Indonesia
- ASAPP Information Group - India
- Pipit Mutiara Jaya. PT, Indonesia
- Trasteel International SA, Italy
- Central Java Power - Indonesia
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Indian Oil Corporation Limited
- Medco Energi Mining Internasional
- Cigading International Bulk Terminal - Indonesia
- Kobexindo Tractors - Indoneisa
- Alfred C Toepfer International GmbH - Germany
- Rashtriya Ispat Nigam Limited - India
- Sarangani Energy Corporation, Philippines
- AsiaOL BioFuels Corp., Philippines
- Makarim & Taira - Indonesia
- Kepco SPC Power Corporation, Philippines
- OPG Power Generation Pvt Ltd - India
- Vizag Seaport Private Limited - India
- Vedanta Resources Plc - India
- The Treasury - Australian Government
- Maheswari Brothers Coal Limited - India
- Cement Manufacturers Association - India
- Price Waterhouse Coopers - Russia
- Formosa Plastics Group - Taiwan
- SN Aboitiz Power Inc, Philippines
- Lanco Infratech Ltd - India
- Krishnapatnam Port Company Ltd. - India
- Therma Luzon, Inc, Philippines
- GAC Shipping (India) Pvt Ltd
- Savvy Resources Ltd - HongKong
- Neyveli Lignite Corporation Ltd, - India
- Sical Logistics Limited - India
- Mintek Dendrill Indonesia
- Australian Commodity Traders Exchange
- TeaM Sual Corporation - Philippines
- Ceylon Electricity Board - Sri Lanka
- Bukit Baiduri Energy - Indonesia
- European Bulk Services B.V. - Netherlands
- Intertek Mineral Services - Indonesia
- Asmin Koalindo Tuhup - Indonesia
- Kalimantan Lumbung Energi - Indonesia
- Central Electricity Authority - India
- Manunggal Multi Energi - Indonesia
- Videocon Industries ltd - India
- Parliament of New Zealand
- Oldendorff Carriers - Singapore
- Directorate Of Revenue Intelligence - India
- CNBM International Corporation - China
- International Coal Ventures Pvt Ltd - India
- Romanian Commodities Exchange
- Ministry of Finance - Indonesia
- Coalindo Energy - Indonesia
- Semirara Mining and Power Corporation, Philippines
- SMC Global Power, Philippines
- VISA Power Limited - India
- Minerals Council of Australia
- Ambuja Cements Ltd - India
- Sindya Power Generating Company Private Ltd
- Renaissance Capital - South Africa
- The State Trading Corporation of India Ltd
- Meralco Power Generation, Philippines
- London Commodity Brokers - England
- Sakthi Sugars Limited - India
- Global Business Power Corporation, Philippines
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Simpson Spence & Young - Indonesia
- Bahari Cakrawala Sebuku - Indonesia
- Power Finance Corporation Ltd., India
- Coal and Oil Company - UAE
- Energy Link Ltd, New Zealand
- Malabar Cements Ltd - India
- Global Coal Blending Company Limited - Australia
- Eastern Energy - Thailand
- PowerSource Philippines DevCo
- Jaiprakash Power Ventures ltd
- GMR Energy Limited - India
- Dalmia Cement Bharat India
- San Jose City I Power Corp, Philippines
- Anglo American - United Kingdom
- Kumho Petrochemical, South Korea
- Billiton Holdings Pty Ltd - Australia
- Edison Trading Spa - Italy
- Economic Council, Georgia
- Xindia Steels Limited - India
- Bharathi Cement Corporation - India
- Tamil Nadu electricity Board
- Petrochimia International Co. Ltd.- Taiwan
- Agrawal Coal Company - India
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- The University of Queensland
- Leighton Contractors Pty Ltd - Australia
- Wilmar Investment Holdings
- Kapuas Tunggal Persada - Indonesia
- Indo Tambangraya Megah - Indonesia
- Thiess Contractors Indonesia
- Indian Energy Exchange, India
- Gujarat Sidhee Cement - India
- Electricity Generating Authority of Thailand
- Singapore Mercantile Exchange
- Meenaskhi Energy Private Limited - India
- Ministry of Mines - Canada
- Coastal Gujarat Power Limited - India
- IEA Clean Coal Centre - UK
- Gujarat Mineral Development Corp Ltd - India
- Bayan Resources Tbk. - Indonesia
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Kohat Cement Company Ltd. - Pakistan
- Tata Chemicals Ltd - India
- Directorate General of MIneral and Coal - Indonesia
- TNB Fuel Sdn Bhd - Malaysia
- Wood Mackenzie - Singapore
- Interocean Group of Companies - India
- Kaltim Prima Coal - Indonesia
- Bhoruka Overseas - Indonesia
- Larsen & Toubro Limited - India
- Essar Steel Hazira Ltd - India
- Deloitte Consulting - India
- Petron Corporation, Philippines
- Chamber of Mines of South Africa
- Independent Power Producers Association of India
- Globalindo Alam Lestari - Indonesia
- Goldman Sachs - Singapore
- White Energy Company Limited
- Global Green Power PLC Corporation, Philippines
- Pendopo Energi Batubara - Indonesia
- Posco Energy - South Korea
- Sree Jayajothi Cements Limited - India
- Samtan Co., Ltd - South Korea
- Bangladesh Power Developement Board
- Australian Coal Association
- South Luzon Thermal Energy Corporation
- Planning Commission, India
- Barasentosa Lestari - Indonesia
- Energy Development Corp, Philippines
- Electricity Authority, New Zealand
- IHS Mccloskey Coal Group - USA
- Georgia Ports Authority, United States
- Kartika Selabumi Mining - Indonesia
- Star Paper Mills Limited - India
- GN Power Mariveles Coal Plant, Philippines
- PetroVietnam Power Coal Import and Supply Company
- Thai Mozambique Logistica
- Banpu Public Company Limited - Thailand
- Altura Mining Limited, Indonesia
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