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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, 24 March 16
NEWBUILDINGS' PRICES HAVE STARTED TO COME DOWN - ALLIED | HELLENIC SHIPPING NEWS
Newbuildings’ prices have started to come down, as demand has remained subdued for quite some time now. In its latest weekly report, shipbrok ...
Wednesday, 23 March 16
THE PANAMA CANAL - WILL THE MELTING OF POLAR ICE CAPS CREATE RIVAL NAVIGATIONAL WATERWAYS THROUGH THE ARCTIC? - INTERMODAL
The Panama Canal, 102 years after its initial opening, is now about to have its expansion completed with a cost of USD5.25 Billion. It is a project ...
Tuesday, 22 March 16
FOUR NEW MARKET MEMBERS HAVE JOINED GLOBALCOAL
globalCOAL® announced yesterday that four new Market Members have joined its international trading community.
Ferrocadia DMCC is an intern ...
Monday, 21 March 16
INDONESIAN 4200 GAR COAL INDEX ROSE $0.12 OR, 0.44% WEEK OVER WEEK; INDEX CLOASED AT $27.19 A TON
COALspot.com: Average 5000 GAR coal index of Indonesian origin rose 0.21 percent week over week to averaging $38.90 per ton on this past Friday, ac ...
Monday, 21 March 16
THE BALTIC DRY INDEX ROSE SLIGHTLY WEEK OVER WEEK; BCI UP 11.93%
COALspot.com: The Baltic Exchange, tracking rates for ships carrying dry bulk commodities continued rose this week helped by higher rates for Cape ...
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Showing 2511 to 2515 news of total 6871 |
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- Orica Australia Pty. Ltd.
- Essar Steel Hazira Ltd - India
- Formosa Plastics Group - Taiwan
- Borneo Indobara - Indonesia
- Karaikal Port Pvt Ltd - India
- Bangladesh Power Developement Board
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- White Energy Company Limited
- Coastal Gujarat Power Limited - India
- Standard Chartered Bank - UAE
- Renaissance Capital - South Africa
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Gujarat Electricity Regulatory Commission - India
- Wilmar Investment Holdings
- Directorate General of MIneral and Coal - Indonesia
- Cigading International Bulk Terminal - Indonesia
- Altura Mining Limited, Indonesia
- Ministry of Finance - Indonesia
- Kumho Petrochemical, South Korea
- Georgia Ports Authority, United States
- Oldendorff Carriers - Singapore
- Bukit Makmur.PT - Indonesia
- LBH Netherlands Bv - Netherlands
- Bharathi Cement Corporation - India
- Ambuja Cements Ltd - India
- Mercator Lines Limited - India
- Latin American Coal - Colombia
- Rashtriya Ispat Nigam Limited - India
- VISA Power Limited - India
- Directorate Of Revenue Intelligence - India
- Makarim & Taira - Indonesia
- Deloitte Consulting - India
- Agrawal Coal Company - India
- Holcim Trading Pte Ltd - Singapore
- Banpu Public Company Limited - Thailand
- The University of Queensland
- Parry Sugars Refinery, India
- Wood Mackenzie - Singapore
- Manunggal Multi Energi - Indonesia
- GN Power Mariveles Coal Plant, Philippines
- Grasim Industreis Ltd - India
- TeaM Sual Corporation - Philippines
- Heidelberg Cement - Germany
- Indo Tambangraya Megah - Indonesia
- Minerals Council of Australia
- Uttam Galva Steels Limited - India
- Bukit Asam (Persero) Tbk - Indonesia
- Kalimantan Lumbung Energi - Indonesia
- Pipit Mutiara Jaya. PT, Indonesia
- Commonwealth Bank - Australia
- SN Aboitiz Power Inc, Philippines
- Metalloyd Limited - United Kingdom
- Indian Oil Corporation Limited
- Petron Corporation, Philippines
- Samtan Co., Ltd - South Korea
- South Luzon Thermal Energy Corporation
- Iligan Light & Power Inc, Philippines
- Gujarat Mineral Development Corp Ltd - India
- Medco Energi Mining Internasional
- Videocon Industries ltd - India
- Siam City Cement - Thailand
- Eastern Coal Council - USA
- Karbindo Abesyapradhi - Indoneisa
- Leighton Contractors Pty Ltd - Australia
- PNOC Exploration Corporation - Philippines
- Bhushan Steel Limited - India
- Globalindo Alam Lestari - Indonesia
- Semirara Mining and Power Corporation, Philippines
- ASAPP Information Group - India
- New Zealand Coal & Carbon
- Maheswari Brothers Coal Limited - India
- Intertek Mineral Services - Indonesia
- Merrill Lynch Commodities Europe
- Economic Council, Georgia
- London Commodity Brokers - England
- Thai Mozambique Logistica
- Petrochimia International Co. Ltd.- Taiwan
- GMR Energy Limited - India
- European Bulk Services B.V. - Netherlands
- Independent Power Producers Association of India
- Riau Bara Harum - Indonesia
- Trasteel International SA, Italy
- Semirara Mining Corp, Philippines
- Bhoruka Overseas - Indonesia
- Jorong Barutama Greston.PT - Indonesia
- SMG Consultants - Indonesia
- CNBM International Corporation - China
- Meenaskhi Energy Private Limited - India
- Jaiprakash Power Ventures ltd
- Central Java Power - Indonesia
- Sojitz Corporation - Japan
- Binh Thuan Hamico - Vietnam
- Indian Energy Exchange, India
- Posco Energy - South Korea
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Xindia Steels Limited - India
- MS Steel International - UAE
- Energy Link Ltd, New Zealand
- Kideco Jaya Agung - Indonesia
- International Coal Ventures Pvt Ltd - India
- Ministry of Transport, Egypt
- Sical Logistics Limited - India
- Lanco Infratech Ltd - India
- Electricity Authority, New Zealand
- Carbofer General Trading SA - India
- Tamil Nadu electricity Board
- Indogreen Group - Indonesia
- Global Coal Blending Company Limited - Australia
- Kaltim Prima Coal - Indonesia
- PetroVietnam Power Coal Import and Supply Company
- Indonesian Coal Mining Association
- GAC Shipping (India) Pvt Ltd
- GVK Power & Infra Limited - India
- Kartika Selabumi Mining - Indonesia
- Australian Coal Association
- Port Waratah Coal Services - Australia
- Jindal Steel & Power Ltd - India
- Billiton Holdings Pty Ltd - Australia
- Africa Commodities Group - South Africa
- India Bulls Power Limited - India
- Savvy Resources Ltd - HongKong
- TNB Fuel Sdn Bhd - Malaysia
- San Jose City I Power Corp, Philippines
- Simpson Spence & Young - Indonesia
- Singapore Mercantile Exchange
- Miang Besar Coal Terminal - Indonesia
- Sakthi Sugars Limited - India
- Goldman Sachs - Singapore
- Pendopo Energi Batubara - Indonesia
- Global Business Power Corporation, Philippines
- Meralco Power Generation, Philippines
- PTC India Limited - India
- Ministry of Mines - Canada
- Barasentosa Lestari - Indonesia
- The Treasury - Australian Government
- Tata Chemicals Ltd - India
- Maharashtra Electricity Regulatory Commission - India
- Sinarmas Energy and Mining - Indonesia
- Edison Trading Spa - Italy
- Sindya Power Generating Company Private Ltd
- Vijayanagar Sugar Pvt Ltd - India
- Bukit Baiduri Energy - Indonesia
- Bank of Tokyo Mitsubishi UFJ Ltd
- Timah Investasi Mineral - Indoneisa
- Mjunction Services Limited - India
- Straits Asia Resources Limited - Singapore
- Malabar Cements Ltd - India
- Bulk Trading Sa - Switzerland
- Larsen & Toubro Limited - India
- Sree Jayajothi Cements Limited - India
- Eastern Energy - Thailand
- Global Green Power PLC Corporation, Philippines
- The State Trading Corporation of India Ltd
- Kohat Cement Company Ltd. - Pakistan
- Indika Energy - Indonesia
- Bahari Cakrawala Sebuku - Indonesia
- Ceylon Electricity Board - Sri Lanka
- Mercuria Energy - Indonesia
- Vizag Seaport Private Limited - India
- Dalmia Cement Bharat India
- Star Paper Mills Limited - India
- Central Electricity Authority - India
- Neyveli Lignite Corporation Ltd, - India
- Bayan Resources Tbk. - Indonesia
- AsiaOL BioFuels Corp., Philippines
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- CIMB Investment Bank - Malaysia
- Alfred C Toepfer International GmbH - Germany
- Asmin Koalindo Tuhup - Indonesia
- Vedanta Resources Plc - India
- Gujarat Sidhee Cement - India
- Orica Mining Services - Indonesia
- Madhucon Powers Ltd - India
- Toyota Tsusho Corporation, Japan
- Baramulti Group, Indonesia
- Chettinad Cement Corporation Ltd - India
- Ind-Barath Power Infra Limited - India
- Aboitiz Power Corporation - Philippines
- Attock Cement Pakistan Limited
- Krishnapatnam Port Company Ltd. - India
- OPG Power Generation Pvt Ltd - India
- Marubeni Corporation - India
- Australian Commodity Traders Exchange
- Energy Development Corp, Philippines
- Price Waterhouse Coopers - Russia
- IHS Mccloskey Coal Group - USA
- Offshore Bulk Terminal Pte Ltd, Singapore
- Sarangani Energy Corporation, Philippines
- Electricity Generating Authority of Thailand
- Planning Commission, India
- Kobexindo Tractors - Indoneisa
- Kepco SPC Power Corporation, Philippines
- Mintek Dendrill Indonesia
- ICICI Bank Limited - India
- McConnell Dowell - Australia
- Aditya Birla Group - India
- Parliament of New Zealand
- IEA Clean Coal Centre - UK
- SMC Global Power, Philippines
- PowerSource Philippines DevCo
- Kapuas Tunggal Persada - Indonesia
- Cement Manufacturers Association - India
- Power Finance Corporation Ltd., India
- Coalindo Energy - Indonesia
- Romanian Commodities Exchange
- Interocean Group of Companies - India
- Antam Resourcindo - Indonesia
- Chamber of Mines of South Africa
- Salva Resources Pvt Ltd - India
- Bhatia International Limited - India
- Anglo American - United Kingdom
- Siam City Cement PLC, Thailand
- Rio Tinto Coal - Australia
- Thiess Contractors Indonesia
- Coal and Oil Company - UAE
- Therma Luzon, Inc, Philippines
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