Within a span of one year, the Minister of Energy and Mineral Resources issued the Decree Number 375.K/MB.01/MEM.B/2023 on the Guidance of Application, Evaluation, and Processing of Expansion of Mining Business License Area (“WIUP”) and Special Mining Business License Area (“WIUPK”) for Conservation of Mineral and Coals, which revokes its predecessor Decree Number 266.K/MB.01/MEM.B/2022 on the same matter. With the issuance of the current Decree, the Minister has cleared up the legal loop-holes as demonstrated from additional requirements provided to IUP/IUPK holders and additional characteristics of the requested mining area for expansion, with immediate effect. Find out more our insights about this topic in our Legal Brief Publication.
A short introduction to regulation of mining industry in Kazakhstan.yyerkebulanov
The document summarizes key changes to Kazakhstan's subsoil use framework under the new Subsoil Code. It discusses the transition from contracts to licenses for solid minerals exploration and mining. License holders will face new obligations like minimum spending requirements, local content quotas, and financing of education and research. Current contract holders can choose to preserve their contracts or transition to licenses, but licenses may include revocation grounds or penalties not in the standard terms. Overall the Code aims to simplify procedures for new subsoil users while increasing obligations for license holders.
This document provides an overview of mining plans and mine closure plans for coal and lignite mining operations in India. It discusses that mining plans are a legal requirement for obtaining environmental clearance and mining leases, and must be followed for all mining operations. They are prepared by qualified agencies according to government guidelines. Mine closure plans must also be included as part of mining plans. The submission, processing, and approval of mining and closure plans is described.
The document discusses the future of Mine Developer and Operators (MDOs) in India. It states that MDOs operate mines on behalf of owners and invest in technology and infrastructure to improve production. The MDO model is becoming more popular in India due to the balance it provides between private operators and public sector units. However, MDO projects also face risks like delays in production and cost increases. The document provides statistics on key MDO players and operational mines in India.
Presentation on the proposed dao extending the application period prescribed ...Ralph Vasquez, CIE
This document proposes extending the application period for the disposition of residual stockpiles from small-scale mining operations under DENR Administrative Order No. 2019-19. The proposed DAO would extend the application period from December 26, 2020 to December 31, 2022 to give applicants more time to file due to restrictions from the COVID-19 pandemic. It would allow previous holders of small-scale mining permits and contracts to apply for disposal of remaining stockpiles within the extended period. Any stockpiles not applied for after December 31, 2022 would be declared abandoned and owned by the government.
Recent Changes on Guidelines for Mining Business License Area.pdfAHRP Law Firm
On June 21st 2021,
MoEMR issued a new
decree regarding the
recent changes on
requirements and
procedures to obtain NonMetal Minerals, Certain
Types of Non-Metal
Minerals, and Rocks
Mining Business License
Area. Further, the decree
asserted that the authority
to stipulate and issue
Non-Metal Minerals,
Certain Types of NonMetal Minerals, and Rocks
Mining Business License
Area is delegated by
MoEMR to DGMC.
The document discusses Nigeria's Petroleum Industry Act (PIA) 2021 and its implications for operators in the oil and gas sector. Some key points:
- The PIA establishes a new licensing and lease framework that converts existing Oil Prospecting Licenses (OPLs) and Oil Mining Leases (OMLs) to the new system of Petroleum Prospecting Licenses (PPLs) and Petroleum Mining Leases (PMLs).
- License and lease holders have an option to voluntarily convert to the new PIA terms or remain under the existing terms, but must decide before the 18-month conversion window closes. Voluntary conversion provides access to new fiscal terms but requires relinquishing acre
A short introduction to regulation of mining industry in Kazakhstan.yyerkebulanov
The document summarizes key changes to Kazakhstan's subsoil use framework under the new Subsoil Code. It discusses the transition from contracts to licenses for solid minerals exploration and mining. License holders will face new obligations like minimum spending requirements, local content quotas, and financing of education and research. Current contract holders can choose to preserve their contracts or transition to licenses, but licenses may include revocation grounds or penalties not in the standard terms. Overall the Code aims to simplify procedures for new subsoil users while increasing obligations for license holders.
This document provides an overview of mining plans and mine closure plans for coal and lignite mining operations in India. It discusses that mining plans are a legal requirement for obtaining environmental clearance and mining leases, and must be followed for all mining operations. They are prepared by qualified agencies according to government guidelines. Mine closure plans must also be included as part of mining plans. The submission, processing, and approval of mining and closure plans is described.
The document discusses the future of Mine Developer and Operators (MDOs) in India. It states that MDOs operate mines on behalf of owners and invest in technology and infrastructure to improve production. The MDO model is becoming more popular in India due to the balance it provides between private operators and public sector units. However, MDO projects also face risks like delays in production and cost increases. The document provides statistics on key MDO players and operational mines in India.
Presentation on the proposed dao extending the application period prescribed ...Ralph Vasquez, CIE
This document proposes extending the application period for the disposition of residual stockpiles from small-scale mining operations under DENR Administrative Order No. 2019-19. The proposed DAO would extend the application period from December 26, 2020 to December 31, 2022 to give applicants more time to file due to restrictions from the COVID-19 pandemic. It would allow previous holders of small-scale mining permits and contracts to apply for disposal of remaining stockpiles within the extended period. Any stockpiles not applied for after December 31, 2022 would be declared abandoned and owned by the government.
Recent Changes on Guidelines for Mining Business License Area.pdfAHRP Law Firm
On June 21st 2021,
MoEMR issued a new
decree regarding the
recent changes on
requirements and
procedures to obtain NonMetal Minerals, Certain
Types of Non-Metal
Minerals, and Rocks
Mining Business License
Area. Further, the decree
asserted that the authority
to stipulate and issue
Non-Metal Minerals,
Certain Types of NonMetal Minerals, and Rocks
Mining Business License
Area is delegated by
MoEMR to DGMC.
The document discusses Nigeria's Petroleum Industry Act (PIA) 2021 and its implications for operators in the oil and gas sector. Some key points:
- The PIA establishes a new licensing and lease framework that converts existing Oil Prospecting Licenses (OPLs) and Oil Mining Leases (OMLs) to the new system of Petroleum Prospecting Licenses (PPLs) and Petroleum Mining Leases (PMLs).
- License and lease holders have an option to voluntarily convert to the new PIA terms or remain under the existing terms, but must decide before the 18-month conversion window closes. Voluntary conversion provides access to new fiscal terms but requires relinquishing acre
Railroad Commission of Texas - Regulations for Geologic Storage of Carbon Dio...Global CCS Institute
As a part of the Institute's strategic focus on assisting CCS projects through knowledge sharing, three North American roadshow events will help the industry share project experiences and knowledge about CCS. Taking place in the US and Canada, the three events include:
• Austin, Texas on November 8, 2011;
• Calgary, Canada on 10 November, 2011; and
• Washington, D.C. on 19 January, 2012.
The first roadshow focused on sharing project experiences and knowledge from the projects in North America but also brought in projects from Europe (Don valley) and Australia (Callide) so that regionally diverse experiences could be shared amongst a global audience.
Attendance at the event was around 30 to 35 which allowed open and frank discussions around technical, management, and regulatory issues and how these challenges can impact on a project’s advancement and decision making processes.
The document contains draft guidelines for a scheme to set up 2000 MW of grid-connected solar PV projects in India. It outlines the background and objectives of the Jawaharlal Nehru National Solar Mission and the proposed State Specific Viability Gap Funding scheme. The key points are:
1) The scheme aims to develop solar projects in solar parks across various Indian states with viability gap funding provided through SECI to lower the tariff.
2) Projects will be selected through competitive bidding with the tariff capped at Rs. 5.43/kWh escalating annually. The maximum VGF is Rs. 1 crore/MW with developers required to invest a minimum equity of Rs. 1.2
The document contains draft guidelines for a scheme to set up 2000 MW of grid-connected solar PV power projects in India under Phase II, Batch III of the Jawaharlal Nehru National Solar Mission (JNNSM). Stakeholders are invited to provide comments on the draft guidelines by March 16, 2015. The key points of the guidelines are:
1) The 2000 MW capacity will be developed through a state-specific viability gap funding (VGF) scheme in solar parks across various states.
2) Projects will be selected through a competitive bidding process conducted by Solar Energy Corporation of India (SECI).
3) The fixed tariff payable to project developers is Rs. 5
India's National Solar Mission Phase 2 Batch 3 Tranche 1 Guidelines - DraftHeadway Solar
The document provides draft guidelines for the implementation of a 2000 MW grid-connected solar PV power project scheme under Phase II, Batch III, Tranche I of India's Jawaharlal Nehru National Solar Mission. Key points include:
- The scheme aims to scale up project sizes, facilitate faster implementation using solar parks, and supplement grid power across India.
- 2000 MW of capacity will be set up in solar parks across various states with Viability Gap Funding provided by SECI to selected developers through competitive bidding.
- Project tariffs and mechanisms for releasing Viability Gap Funding in tranches over time are specified, along with provisions for repayment if projects are delayed or abandoned.
The document provides an update from the Arkansas Oil and Gas Commission Director at an annual meeting in October 2018. It summarizes natural gas production trends in Arkansas, including a decline in production from over 1 trillion cubic feet in 2014 to an estimated 640 billion cubic feet in 2018. It also lists the number of producing wells in the Fayetteville Shale from 2006 to 2016. Crude oil production trends from 2014 to 2018 are also noted. The document outlines recent and upcoming Commission activities, including proposed rules regarding gas storage, saltwater disposal well spacing and transfers, temporary well abandonment, and drilling pit requirements. It also summarizes an ADEQ regulation amendment related to saltwater disposal well permitting.
RfS for 35 MW in Puducherry under NSM Ph-II, Batch-IIIHarish Sharma
As part of JNNSM Phase-II Batch-III, Tranche-IX, SECI wishes to invite proposals for setting up of grid connected Solar PV Projects in Puducherry, on “Build Own Operate” basis for an aggregate capacity of 35 MW. Projects selected based on this RfS shall be given “Viability Gap Funding” in line with terms and conditions of this RfS. SECI shall enter into Power Purchase Agreement (PPA) with the Bidders selected based on this RfS for purchase of solar power selected for a period of 25 years based on the terms, conditions and provisions of the RfS.
Last Date for the Closure of Procurement of Tender Documents is 14-Jun-2016 14:00:00 RTZ.
Status of the coal controller and its functions vis à-vis coal industry indiaChenoy Ceil
The Coal Controller's Organisation is responsible for regulating the coal industry in India. It has its headquarters in Kolkata and five regional offices. The Coal Controller has statutory functions like checking coal quality, regulating mine openings, distributing coal, resolving disputes, and collecting industry statistics. It also oversees residual work from the former Coal Board and World Bank loans. The office was established in 1916 to oversee coal production, distribution, and pricing during World War 1. Over time, its functions have evolved but still include regulating mining, grading coal, collecting excise duties, and resolving claims from nationalized mines.
Government panel approves mining on non-forest land
without lease clearance
Government panel approves mining on non-forest land
without lease clearance
Odisha government to auction six more mineral blocks
This document summarizes issues raised by a surveyor regarding bushfire safety assessments and complying development applications. Specific issues discussed include inconsistencies between 79BA and 100B assessments, ensuring appropriate bushfire safety conditions are applied, and requiring asset protection zones on newly created lots outside bushfire prone land. Road access standards and turning requirements are also raised. The purpose of the meeting was to discuss how the Rural Fire Service can assist local government with bushfire planning and development assessments, including providing mentoring and site assessments.
FIRST WAVE OF INCENTIVE-DRIVEN CCS PROJECTS PERMITTED IN NORTH DAKOTA, U.S.iQHub
The document summarizes carbon capture and storage (CCS) projects in North Dakota that have received regulatory permits. It describes the adaptive management approach used to balance technical and financial risks during project development. It provides timelines and details of CCS projects like Red Trail Energy's ethanol plant capturing 3 million tons of CO2 and injecting it into the Broom Creek formation. It also outlines North Dakota's regulatory framework and incentives to support CCS deployment like the 45Q tax credit and how projects integrate different incentive programs and regulatory requirements.
In the preparation for the Geodetic Engineering Licensure Examination, the BSGE students must memorized the laws, rules and regulations governing the mine surveying in the Philippines.
The document discusses policies and guidelines related to coal mining in India. It outlines that the Ministry of Coal determines policies for exploration, development and sanctioning of coal and lignite reserves. It is exercised through government companies like Coal India Ltd. The document also discusses regulations around mine closure plans, environmental management, coal pricing and allocation to different sectors.
This document outlines the specifications and application procedures for refineries to have their gold and silver bars listed as "Good Delivery" by the London Bullion Market Association (LBMA). Some key points:
- Refineries must meet certain criteria including a minimum production level, net worth, and years in operation to be considered for the Good Delivery List.
- The application process involves submitting documents about ownership, operations, and finances. Refineries must also demonstrate assaying capability by analyzing reference samples to strict accuracy standards.
- If the application is accepted, the refinery provides bars for technical testing to specifications covering dimensions, weight, purity, and other quality metrics. Successful applicants are added to the Good Delivery
The document provides an analysis of the Mines and Minerals (Development and Regulation) Amendment Act 2021 in India. Some key points:
- The amendment aims to simplify mining operations in India by increasing leniency in the industry and enhancing efficiency.
- It allows captive mines to sell up to 50% of minerals produced after meeting end-use plant needs. It also allows statutory clearances to be transferred with mining leases.
- Private entities are now eligible to undertake mineral exploration, aimed at increasing exploration.
- Other changes include non-exclusive reconnaissance permits, definitions added around production and dispatch, and lapsing of rights for some concession holders.
- The amendment seeks to boost the mining sector
The Ministry of Industry and Trade submitted Letter 644 to the Vice Prime Minister regarding the Implementation Plan for Vietnam's National Power Development Master Plan VIII from 2021-2030. The letter proposes a two-phase approval process for priority power projects. Phase one would approve important projects meeting set criteria, while phase two would approve additional projects after further review. The Implementation Plan contains chapters on electricity demand forecasts, investment plans, land use needs, and solutions for execution. Letter 644 also provides tables outlining priority thermal, gas, hydropower, and tidal power projects with a total generation capacity of over 101,000 MW.
The Draft MMR 2019 has been published in the Gazette of India vide GSR 138(E) dated 20.02.2020.
The proposed changes in Draft MMR 2019 wrt MMR 1961 is presented here.
An initial outline of changes to be made to Title 25 Pa. Code Chapter 78 (the Oil and Gas Act), a required rewrite part of the recently passed PA Act 13 law governing Marcellus shale gas drilling. This concept paper is not the final language being proposed, but "a starting point" for discussion. The Dept. of Environmental Protection's Oil and Gas Technical Advisory Board is charged with drafting the rewrite.
The document discusses the resilience of steelmaking coal and the global steel industry. It notes that global steel production emits 7-10% of total greenhouse gas emissions. It forecasts that steel demand will remain strong through 2050, driven by decarbonization and economic development. While overall steelmaking coal demand is expected to decline, demand for high-quality seaborne hard coking coal used in blast furnace steelmaking in regions like India and Southeast Asia is forecast to remain robust. The document also cautions that forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from expectations.
In our first planning club of 2017 we covered:
• formation and use of Section 106 obligations and conditions
• a look at recent changes to permitted development rights
• challenges to planning decisions, including judicial review and appeals.
Summary of New Rules for Horizontal Drilling in West Virginia, as of July 1, ...Marcellus Drilling News
A summary of the new rules drillers in WV have to follow--rules that have been developed over the past two years. This summary of the changes and new rules is provided by the WV law firm Lewis Glasser Casey & Rollins, PLLC.
Apartment and Condo Developers: Immune to Bankruptcy and Debt Suspension Clai...AHRP Law Firm
The Supreme Court has issued legal norms that prohibit the filing of bankruptcy and postponement of debt payment obligation applications against developers. These norms effectively grant developers immunity from such applications. However, it may bring both relief and concern to stakeholders. Find out more about our insights on this topic in our Legal Brief publication.
Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
Law Number 13 of 2003 on Manpower has been partially revoked and amended several times, with the latest amendment made through Law Number 6 of 2023. Attention is drawn to a specific part of the Manpower Law concerning severance pay. This aspect is undoubtedly one of the most crucial parts regulated by the Manpower Law. It is essential for both employers and employees to abide by the law, fulfill their obligations, and retain their rights regarding this matter.
More Related Content
Similar to Expansion of Mining Area Permit in Indonesia.pdf
Railroad Commission of Texas - Regulations for Geologic Storage of Carbon Dio...Global CCS Institute
As a part of the Institute's strategic focus on assisting CCS projects through knowledge sharing, three North American roadshow events will help the industry share project experiences and knowledge about CCS. Taking place in the US and Canada, the three events include:
• Austin, Texas on November 8, 2011;
• Calgary, Canada on 10 November, 2011; and
• Washington, D.C. on 19 January, 2012.
The first roadshow focused on sharing project experiences and knowledge from the projects in North America but also brought in projects from Europe (Don valley) and Australia (Callide) so that regionally diverse experiences could be shared amongst a global audience.
Attendance at the event was around 30 to 35 which allowed open and frank discussions around technical, management, and regulatory issues and how these challenges can impact on a project’s advancement and decision making processes.
The document contains draft guidelines for a scheme to set up 2000 MW of grid-connected solar PV projects in India. It outlines the background and objectives of the Jawaharlal Nehru National Solar Mission and the proposed State Specific Viability Gap Funding scheme. The key points are:
1) The scheme aims to develop solar projects in solar parks across various Indian states with viability gap funding provided through SECI to lower the tariff.
2) Projects will be selected through competitive bidding with the tariff capped at Rs. 5.43/kWh escalating annually. The maximum VGF is Rs. 1 crore/MW with developers required to invest a minimum equity of Rs. 1.2
The document contains draft guidelines for a scheme to set up 2000 MW of grid-connected solar PV power projects in India under Phase II, Batch III of the Jawaharlal Nehru National Solar Mission (JNNSM). Stakeholders are invited to provide comments on the draft guidelines by March 16, 2015. The key points of the guidelines are:
1) The 2000 MW capacity will be developed through a state-specific viability gap funding (VGF) scheme in solar parks across various states.
2) Projects will be selected through a competitive bidding process conducted by Solar Energy Corporation of India (SECI).
3) The fixed tariff payable to project developers is Rs. 5
India's National Solar Mission Phase 2 Batch 3 Tranche 1 Guidelines - DraftHeadway Solar
The document provides draft guidelines for the implementation of a 2000 MW grid-connected solar PV power project scheme under Phase II, Batch III, Tranche I of India's Jawaharlal Nehru National Solar Mission. Key points include:
- The scheme aims to scale up project sizes, facilitate faster implementation using solar parks, and supplement grid power across India.
- 2000 MW of capacity will be set up in solar parks across various states with Viability Gap Funding provided by SECI to selected developers through competitive bidding.
- Project tariffs and mechanisms for releasing Viability Gap Funding in tranches over time are specified, along with provisions for repayment if projects are delayed or abandoned.
The document provides an update from the Arkansas Oil and Gas Commission Director at an annual meeting in October 2018. It summarizes natural gas production trends in Arkansas, including a decline in production from over 1 trillion cubic feet in 2014 to an estimated 640 billion cubic feet in 2018. It also lists the number of producing wells in the Fayetteville Shale from 2006 to 2016. Crude oil production trends from 2014 to 2018 are also noted. The document outlines recent and upcoming Commission activities, including proposed rules regarding gas storage, saltwater disposal well spacing and transfers, temporary well abandonment, and drilling pit requirements. It also summarizes an ADEQ regulation amendment related to saltwater disposal well permitting.
RfS for 35 MW in Puducherry under NSM Ph-II, Batch-IIIHarish Sharma
As part of JNNSM Phase-II Batch-III, Tranche-IX, SECI wishes to invite proposals for setting up of grid connected Solar PV Projects in Puducherry, on “Build Own Operate” basis for an aggregate capacity of 35 MW. Projects selected based on this RfS shall be given “Viability Gap Funding” in line with terms and conditions of this RfS. SECI shall enter into Power Purchase Agreement (PPA) with the Bidders selected based on this RfS for purchase of solar power selected for a period of 25 years based on the terms, conditions and provisions of the RfS.
Last Date for the Closure of Procurement of Tender Documents is 14-Jun-2016 14:00:00 RTZ.
Status of the coal controller and its functions vis à-vis coal industry indiaChenoy Ceil
The Coal Controller's Organisation is responsible for regulating the coal industry in India. It has its headquarters in Kolkata and five regional offices. The Coal Controller has statutory functions like checking coal quality, regulating mine openings, distributing coal, resolving disputes, and collecting industry statistics. It also oversees residual work from the former Coal Board and World Bank loans. The office was established in 1916 to oversee coal production, distribution, and pricing during World War 1. Over time, its functions have evolved but still include regulating mining, grading coal, collecting excise duties, and resolving claims from nationalized mines.
Government panel approves mining on non-forest land
without lease clearance
Government panel approves mining on non-forest land
without lease clearance
Odisha government to auction six more mineral blocks
This document summarizes issues raised by a surveyor regarding bushfire safety assessments and complying development applications. Specific issues discussed include inconsistencies between 79BA and 100B assessments, ensuring appropriate bushfire safety conditions are applied, and requiring asset protection zones on newly created lots outside bushfire prone land. Road access standards and turning requirements are also raised. The purpose of the meeting was to discuss how the Rural Fire Service can assist local government with bushfire planning and development assessments, including providing mentoring and site assessments.
FIRST WAVE OF INCENTIVE-DRIVEN CCS PROJECTS PERMITTED IN NORTH DAKOTA, U.S.iQHub
The document summarizes carbon capture and storage (CCS) projects in North Dakota that have received regulatory permits. It describes the adaptive management approach used to balance technical and financial risks during project development. It provides timelines and details of CCS projects like Red Trail Energy's ethanol plant capturing 3 million tons of CO2 and injecting it into the Broom Creek formation. It also outlines North Dakota's regulatory framework and incentives to support CCS deployment like the 45Q tax credit and how projects integrate different incentive programs and regulatory requirements.
In the preparation for the Geodetic Engineering Licensure Examination, the BSGE students must memorized the laws, rules and regulations governing the mine surveying in the Philippines.
The document discusses policies and guidelines related to coal mining in India. It outlines that the Ministry of Coal determines policies for exploration, development and sanctioning of coal and lignite reserves. It is exercised through government companies like Coal India Ltd. The document also discusses regulations around mine closure plans, environmental management, coal pricing and allocation to different sectors.
This document outlines the specifications and application procedures for refineries to have their gold and silver bars listed as "Good Delivery" by the London Bullion Market Association (LBMA). Some key points:
- Refineries must meet certain criteria including a minimum production level, net worth, and years in operation to be considered for the Good Delivery List.
- The application process involves submitting documents about ownership, operations, and finances. Refineries must also demonstrate assaying capability by analyzing reference samples to strict accuracy standards.
- If the application is accepted, the refinery provides bars for technical testing to specifications covering dimensions, weight, purity, and other quality metrics. Successful applicants are added to the Good Delivery
The document provides an analysis of the Mines and Minerals (Development and Regulation) Amendment Act 2021 in India. Some key points:
- The amendment aims to simplify mining operations in India by increasing leniency in the industry and enhancing efficiency.
- It allows captive mines to sell up to 50% of minerals produced after meeting end-use plant needs. It also allows statutory clearances to be transferred with mining leases.
- Private entities are now eligible to undertake mineral exploration, aimed at increasing exploration.
- Other changes include non-exclusive reconnaissance permits, definitions added around production and dispatch, and lapsing of rights for some concession holders.
- The amendment seeks to boost the mining sector
The Ministry of Industry and Trade submitted Letter 644 to the Vice Prime Minister regarding the Implementation Plan for Vietnam's National Power Development Master Plan VIII from 2021-2030. The letter proposes a two-phase approval process for priority power projects. Phase one would approve important projects meeting set criteria, while phase two would approve additional projects after further review. The Implementation Plan contains chapters on electricity demand forecasts, investment plans, land use needs, and solutions for execution. Letter 644 also provides tables outlining priority thermal, gas, hydropower, and tidal power projects with a total generation capacity of over 101,000 MW.
The Draft MMR 2019 has been published in the Gazette of India vide GSR 138(E) dated 20.02.2020.
The proposed changes in Draft MMR 2019 wrt MMR 1961 is presented here.
An initial outline of changes to be made to Title 25 Pa. Code Chapter 78 (the Oil and Gas Act), a required rewrite part of the recently passed PA Act 13 law governing Marcellus shale gas drilling. This concept paper is not the final language being proposed, but "a starting point" for discussion. The Dept. of Environmental Protection's Oil and Gas Technical Advisory Board is charged with drafting the rewrite.
The document discusses the resilience of steelmaking coal and the global steel industry. It notes that global steel production emits 7-10% of total greenhouse gas emissions. It forecasts that steel demand will remain strong through 2050, driven by decarbonization and economic development. While overall steelmaking coal demand is expected to decline, demand for high-quality seaborne hard coking coal used in blast furnace steelmaking in regions like India and Southeast Asia is forecast to remain robust. The document also cautions that forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from expectations.
In our first planning club of 2017 we covered:
• formation and use of Section 106 obligations and conditions
• a look at recent changes to permitted development rights
• challenges to planning decisions, including judicial review and appeals.
Summary of New Rules for Horizontal Drilling in West Virginia, as of July 1, ...Marcellus Drilling News
A summary of the new rules drillers in WV have to follow--rules that have been developed over the past two years. This summary of the changes and new rules is provided by the WV law firm Lewis Glasser Casey & Rollins, PLLC.
Similar to Expansion of Mining Area Permit in Indonesia.pdf (20)
Apartment and Condo Developers: Immune to Bankruptcy and Debt Suspension Clai...AHRP Law Firm
The Supreme Court has issued legal norms that prohibit the filing of bankruptcy and postponement of debt payment obligation applications against developers. These norms effectively grant developers immunity from such applications. However, it may bring both relief and concern to stakeholders. Find out more about our insights on this topic in our Legal Brief publication.
Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
Law Number 13 of 2003 on Manpower has been partially revoked and amended several times, with the latest amendment made through Law Number 6 of 2023. Attention is drawn to a specific part of the Manpower Law concerning severance pay. This aspect is undoubtedly one of the most crucial parts regulated by the Manpower Law. It is essential for both employers and employees to abide by the law, fulfill their obligations, and retain their rights regarding this matter.
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Initial Public Offering for Issuers with Small-Scale and Medium-Scale Assets.pdfAHRP Law Firm
Initial Public Offering or commonly known as IPO provides both financial and non-financial benefits to the parties that conduct such, including increasing capitals, business expansion, and improving company's image. Further, big companies are not the only ones that may enjoy the benefit of IPO, as Small-Scale and Medium-Scale companies can also conduct IPO. Find out more our insights about this topic in our Legal Brief Publication.
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For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
Paving The Path for a Greener Future via Presidential Regulation Number 112/2...AHRP Law Firm
Embracing the spirit of Paris Agreement, the Government of Indonesia has issued Presidential Regulation Number 112 of 2022 on Acceleration of Renewable Energy Development for Power Supply (“PR 112/2022”) as an inaugural step to gradually implement renewable energy power plants in replacing coal-fired power plants. Moving forward, the government continues to take the leap in facilitating the transition through Minister of Finance Regulation Number 103 of 2023 on the Provision of Fiscal Support through the Funding and Financing Framework for the Acceleration of Energy Transition in the Electricity Sector (“MoFR 103/2023”). With the hope of greener earth, the Indonesian Government is yet on track to build a sound regulatory framework while ensuring lucrative framework for investors. Find out more our insights about this topic in our Legal Brief publication.
Initial Public Offering of Mining Companies: Matters to be Considered.pdfAHRP Law Firm
The capital market provides a solution for companies to obtain funding through offering a portion of the company's shares to the public or IPO. This process also transforms the company from a closed entity to an open one where it is required to be managed in more effective, professional, and transparent manners. Essentially, all companies have the opportunity to become publicly listed and have their shares traded on the IDX. However, there are several points to note in the listing requirements for mining companies to conduct an IPO. With the issuance of Decree of the Board of Directors of the Indonesia Stock Exchange Number I-A.1 Kep-00100/BEI/10-2014 on the Listing of Shares and Equity Securities Other than Shares Issued by Companies in the Mineral and Coal Mining Sector ("I-A.1 Reg."), eases in conducting IPO are provided for mining companies. In addition to the requirements under I-A.1 Reg, mining companies are also required to meet the requirements under Decree of the Board of Director of the Indonesia Stock Exchange Number I-A Kep-00101/BEI/12-2021 on Amendment to Regulation No. I-A concerning the Listing of Shares and Equity Securities Other Than Shares Issued by Listed Companies. Find out more our insights about this topic in our Legal Brief publication.
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As Indonesia unveils its state-backed Crypto Bourse, it marks a strategic move towards regulated and secure cryptocurrency trading. This new platform will facilitate enhanced oversight and stability in the digital economy, promising a safer environment for investors and traders alike. Find out more our insights about this topic in our Legal Brief publication.
The Intricacies of Proceedings in the Constitutional Court.pdfAHRP Law Firm
The Constitutional Court, as one of the judicial power institutions, has the features of protecting and maintaining the 1945 Indonesian Constitution through diverse attribution authorities. Recently, the Constitutional Court has become the object of public dialogue due to numerous events, specifically on the 2024 presidential election dispute. Henceforth, a comprehensive illustration of Constitutional Court duties and procedures, with additional insight of precedent of disputes adjudicated by the Constitutional Court would be favorable for public knowledge in light of the recent issues. Find out more of our insights about this topic Legal Brief publication.
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2. BACKGROUND
Objectives
Par. 2 of MoEMR Decree 375/2023
Applicable to Who?
1
2
3
Mining Business License / Izin Usaha Pertambangan (“IUP”) holders for
metal minerals;
IUP holders for coals;
Special Mining Business License / Izin Usaha Pertambangan Khusus
(“IUPK”) holders for metal minerals; and
IUPK holders for coals.
4
Art. 140 (1) GR 96/2021
Deliverables
Par. 9 and Point (b) of Consideration of MoEMR 375/2023
On 23rd of October 2023, Ministry of Energy and Mineral Resources / Kementerian Energi dan Sumber Daya Mineral (“MoEMR”) issued the MoEMR Decree
375.K/MB.01/MEM.B/2023 on the Guidance of Application, Evaluation, and Processing of Expansion of Mining Business License Area (“WIUP”) and Special
Mining Business License Area (“WIUPK”) for Conservation of Mineral and Coals (“MoEMR Decree 375/2023”). The MoEMR Decree 375/2023 revokes the
former decree namely MoEMR 266.K/MB.01/MEM.B/2022 on the same matter (“MoEMR Decree 266/2022”) due to the fact that the MoEMR Decree 266/2022
has not provided sufficient directive to optimize the potential of marginal mineral reserves or coals and/or indicative of marginal mineral deposits or coals for
conservation.
1
2
1
2
Appendix I and Appendix II of MoEMR Decree 375/2023
Optimization of the potential of marginal
mineral or coal reserves within the area that is
applied for expansion.
Optimization of the indication of marginal
mineral or coal sediments within the area that is
applied for expansion.
Director General of Minerals and Coal /
Direktur Jenderal Mineral dan Batubara
(“DGoMC”) License on Work Plan of
WIUP/WIUPK’s Expansion
DGoMC’s License on WIUP/WIUPK
Expansion
A H R P L e g a l B r i e f
3. REQUIREMENTS OF EXPANSION OF WIUP AND WIUPK
Art. 140 (2) GR 96/2021 jo. Par. 3 MoEMR Decree 375/2023
Par. 5 MoEMR Decree 375/2023
Area Criteria
Size
Evaluation of MoEMR
WIUP
WIUPK
Metal Minerals
Coals 15,000 hectares
25,000 hectares
Location
Prohibition
An area which coincides with the initial WIUP or WIUPK and has a potential of continuity of coal deposits; or minerals deposit
characteristics which proven by the relevant exploration data covering the border area of the initial WIUP or WIUPK.
An area which coincides with the initial WIUP or WIUPK and is located between 2 (two) or more WIUP or WIUPK (corridor area),
and there is a potential of continuity of coal deposits; or minerals deposit characteristics which proven by the relevant
exploration data covering the border area of the initial WIUP or WIUPK.
Par. 4 Point (a) MoEMR Decree 375/2023
The area which applied for expansion shall not overlap with:
1. Other WIUP or WIUPK with the same type of commodity;
2. State Reserves Area and Community Mining Area;
3. An area that has been applied to be determined as WIUP of Metal Minerals, WIUP of
Coals, or WIUPK;
4. An IUP area which under the issuance/registration process based on the decision of
an administrative court or a final report which is a result of any authorized state
institution to supervise the establishment of public services;
5. A former IUP area or IUPK which has been revoked or under evaluation;
6. An area which is applied for expansion of WIUP or WIUPK which is currently under
process or has been approved; and
7. An area which is determined as an assignment area for investigation and research for
preparing the relevant WIUP or WIUPK for development and/or utilization of coals.
Par. 4 Point (b) MoEMR Decree 375/2023
Criteria of Applicants - IUP/IUPK Holders
Registered in the list of IUP’s resulting from the
arrangement of IUP and IUPK that meet the
provisions listed in Minerba One Data Indonesia
(MODI).
Has been in production for at least 3
consecutive years and has good conservation
performance.
Has carried out detailed exploration of all
prospect areas in the initial WIUP or WIUPK.
Has carried out detailed exploration of all
prospect areas in the initial WIUP or WIUPK.
A H R P L e g a l B r i e f
4. Comparison between MoEMR Decree 266/2022 and MoEMR Decree
375/2023
Similarities
Total Area
Applied for
Expansion
• WIUP of Metal Minerals – 25,000 HA (twenty-five thousand hectares);
• WIUP of Coals – 15,000 HA (fifteen thousand hectares); and
• WIUPK – subject to MoEMR’s approval.
Period to obtain
Approval of
Expansion of
WIUP and WIUPK
• 14 days as of the receipt of complete and correct documents and requirements.
• A statement letter or application by online submission to MoEMR’s website;
• An approval of work plan expansion of WIUP or WIUPK and documents of work plan
expansion of WIUP or WIUPK that has been approved by DGoMC;
• A map and coordinates of border of the area in accordance with the evaluation result;
and
• Receipt of full payment of compensation of information data which the amount is as
determined by MoEMR.
Requirements to
obtain Approval
of WIUP and
WIUPK
Art. 140 (2) GR 96/2021 jo. Par. 3 MoEMR Decree 375/2023.
Art. 140 (2) GR 96/2021 jo Par. 2 MoEMR Decree 266/2022.
Appendix II of MoEMR Decree 375/2023.
Appendix II of MoEMR Decree 266/2022.
Par. 8 of MoEMR Decree 375/2023.
Par. 8 of MoEMR Decree 266/2022.
A H R P L e g a l B r i e f
5. Comparison between MoEMR Decree 266/2022 and MoEMR Decree
375/2023 (1/4)
Differences
Requirements
of Area
• Mainly regulates about the maximum total area that can
be applied for expansion;
• No classifications or scope of the requirement of coincide
with WIUP or WIUPK;
• No supporting activities required to prove that the
relevant area fulfils the qualification; and
• No explicit prohibition to submit an application over an
overlapping area.
Par. 2 MoEMR Decree 266/2022
• Other than regulates about the maximum total area
that can be applied for expansion, the existing
regulation provides more detail requirements of the
location of the area, namely:
i. an area which coincides with the initial WIUP or
WIUPK and has a potential of continuity of coal
deposits; or minerals deposit characteristics which
proven by the relevant exploration data
covering the border area of the initial WIUP or
WIUPK; and
ii. an area which coincides with the initial WIUP or
WIUPK and is located between 2 (two) or more
WIUP or WIUPK (corridor area), and there is a
potential of continuity of coal deposits; or minerals
deposit characteristics which proven by the
relevant exploration data covering the border
area of the initial WIUP or WIUPK.
• The area which applied for expansion shall not
overlap with any area that has obtained its
approval or determination for the relevant
utilization (ie. Other WIUP or WIUPK).
MoEMR Decree 266/2022 MoEMR Decree 375/2023
Par. 4 Point (a) of MoEMR Decree 375/2023
A H R P L e g a l B r i e f
6. Comparison between MoEMR Decree 266/2022 and MoEMR Decree
375/2023 (2/4)
Differences MoEMR Decree 266/2022 MoEMR Decree 375/2023
Requirements
of Applicants
(IUP or IUPK
holders)
• Par. 5 of MoEMR Decree 375/2023 specifies 4
requirements for IUP/IUPK holders to apply for
expansion of WIUP and WIUPK. The
requirements point out the obligation of the
applicants to have been registered in the
DGoMC’s system, have conducted exploration in
the relevant area and submitted the relevant
data, also have been in production operation
stage for at least 3 years.
• Par. 6 of MoEMR Decree 375/2023 also
regulates the same requirement as Par 3 of
MoEMR Decree 266/2022 which an approval of
Work Plan Expansion of WIUP or WIUPK is a
prerequisite to obtain an approval of WIUP or
WIUPK expansion.
• No specific requirements for IUP/IUPK holders who
wish to apply for the expansion of WIUP/WIUPK.
However, pursuant to Par. 3 of MoEMR Decree
266/2022, the applicable application scheme is on
'first come first served basis’.
• Par. 3 of MoEMR Decree 266/2022 also regulates
that the IUP/IUPK holders shall obtain a prior
approval from DGoMC on Work Plan Expansion of
WIUP or WIUPK.
Period to obtain
Approval of
Work Plan
Expansion of
WIUP or WIUPK
• 30 days as of the receipt of complete and correct
documents and requirements.
• 14 days as of the receipt of complete and correct
documents and requirements.
Appendix 1 of MoEMR Decree 375/2023
Appendix 1 of MoEMR Decree 266/2022
A H R P L e g a l B r i e f
7. Comparison between MoEMR Decree 266/2022 and MoEMR Decree
375/2023 (3/4)
Differences MoEMR Decree 266/2022 MoEMR Decree 375/2023
Requirements
to Obtain an
Approval of
Work Plan
Expansion of
WIUP or WIUPK
• Other than those formerly regulated under
MoEMR Decree 266/2022, MoEMR Decree
375/2023 adds several requirements as follow:
• Document of Work Plan of Expansion of WIUP
or WIUPK that covers:
i. Interpretation of continuity of metal minerals
and/or coals in the area applied for expansion
based on the relevant and sufficient data,
supported by a map distribution of the effect
of continuity of metal minerals or coals
pursuant to the observation coordinates and
spatial data
• A copy of conservation periodic report which
supported by a copy of receipt of submission of
the relevant report for 2 years in minimum; and
• An application letter;
• A map and points of coordinates of the applied
border area;
• Document of Work Plan of Expansion of WIUP or
WIUPK that covers:
i. A map of distribution of marginal reserve and/or
indication of marginal deposit in the WIUP or
WIUPK;
ii. Interpretation of cross section and geology model
or minerals in the WIUP or WIUP which
describes that scientifically, there is a continuity
of reserves under the area applied for expansion;
iii. An estimation of the amount of metal minerals or
coals potentials which will be obtained in the
area applied for expansion;
iv. A statement letter from a geologist/mining expert
which are competent for reporting exploration
and estimation of minerals and coals resources
about the potential of marginal reserves and/or
indications of marginal deposits in the WIUP or
WIUPK that scientifically, there is a continuity of
minerals and/or coals;
• Final exploration report and/or continuation
exploration report that contains information of
coordinates in the WIUP or WIUPK which borders
with the expansion area being applied;
• A statement letter containing the ability to pay for
compensation of data information as determined by
MoEMR.
Par. 4 of MoEMR Decree 266/2022
Par. 4 of MoEMR Decree 375/2023
A H R P L e g a l B r i e f
8. 1 day
Comparison between MoEMR Decree 266/2022 and MoEMR Decree
375/2023 (4/4)
Appendix I of MoEMR Decree 266/2022
DGoMC delivers
the Application to
Director of
Technical of
Environment of
Minerals and Coals
(“DoTE”) 4 days
6 days
DGoMC evaluates the Letter of
Evaluation of Criteria and
Requirements
2 days
Delivery of
evaluation
report from
DGoMC to
Applicants
DGoMC
processes
the
issuance of
approval
DGoMC issues an approval
1 day
Procedures to obtain Approval of Work Plan Expansion of WIUP or WIUPK
DoTE
receives
evaluation
report from
DoPM and
DoBM
DoTE evaluates the
conservation aspects
and request for area,
compensation, and
exploration aspects
Director of Program
Management (‘DoPM’)
evaluates the area and
compensation aspects
Director of Business
Management
(“DoBM”) evaluates
the exploration aspect
DGoMC issues
a letter of
disapproval 1 day
or
Online Submission of
Application to DGoMC
(perizinan.esdm.go.id)
Differences
Appendix 1 of MoEMR Decree 375/2023
DGoMC delivers the
Application to DoTE
3 days
DoTE evaluates the
completeness of
application
documents
5 days
Resubmission
DoTE requests for further evaluations
(area, exploration, and compensation aspects)
Incomplete
DoTE evaluates the
conservation aspects
DoPM evaluates the area and
compensation aspects
DoBM evaluates the
exploration aspect
Complete
5 days
Delivery of evaluation
report from DGoMC to
Applicants
DGoMC processes the
issuance of approval
DGoMC issues
an approval
5 days
DoTE receives
evaluation report from
DoPM and DoBM
or
DGoMC issues
a letter of
disapproval
Online Submission of
Application to DGoMC
(perizinan.esdm.go.id)
12 days
DGoMC
evaluates the
evaluation of the
relevant aspects
A H R P L e g a l B r i e f
9. Procedures to Obtain Expansion of Mining Area Approval
Online Submission of
Application to DGoMC
(perizinan.esdm.go.id)
DGoMC delivers the
Application to DoBM
DoBM receives
the applications
DoBM requests for evaluation
of map and coordinates to
DoPM
DoBM request for
signature on the
Approval to the Secretary
of Directorate General
DoBM processes the
application of approval
Delivery of evaluation report
from MoEMR to the Applicants
DGoMC processes the
issuance of approval
DGoMC issues
a letter of
disapproval
DGoMC issues
an approval
Obstacles
Conclusion
01 02
A H R P L e g a l B r i e f
The MoEMR 375/2023 provides clearer requirements and
procedures for the IUP and IUPK holders to submit for
Mining Area expansion. The existing regulations also
provides prohibition of overlapping of the relevant area. On the
other hand, the execution of the regulations may not be that
easy due to other licenses requirements that the IUP and IUPK
holders have to comply with and lack of incentives from the
government to conduct mining business activities.
Further clarification with the DGoMC about the
procedures and requirements once application
of approvals of (a) Work Plan Expansion of
WIUP and WIUPK; also (b) Mining Business Area
Expansion are rejected may also be required (ie.
whether or not there is maximum times of re-
application).
• Once the IUP and IUPK holders obtain the Mining Area Expansion Approval, they shall amend the relevant business
licenses, among others are (a) Business Identification Number; (b) Environmental Impact Analysis (AMDAL);
Environmental Management Plan (RKL), Environmental Monitoring Plan (RPL), and Environmental Approval;
also; (c) the IUP or IUPK, to reflect the change on the total mining area. It may take time for them to obtain the
relevant amendment;
There is no incentives yet from the Government of Indonesia for IUP and IUPK holders
to conduct expansion of WIUP and WIUPK; and
Land ownership issues may still appear, particularly with the local people.
MoEMR Decree 375/2023
1 day
9 days
2 days
2 days
10. We will continue to follow the developments on this topic and provide additional information as it becomes
available. If you have any questions on this topic, please contact:
This publication has been prepared by AHRP for educational and informational purposes only. The information contained in this publication is not
intended and should not be construed as legal advice. Due to the rapidly changing nature of law, AHRP makes no warranty or guarantee concerning
the accuracy or completeness of this content. You should consult with an attorney to review the current status of the law and how it applies to your
circumstances before deciding to take any action.
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