Saturday, January 30, 2010

Headlines Observation on Coal Mining Activities Founded in Kompas Jan 26, 2010

It appears that Kompas Newspaper had made serious observations on the Coal Mining Activities in Kalimantan these last days from 25, 26, 28 30 January 2010. As a Business Lawyer who is advising Clients concerning Coal Mining activities in Indonesia, I really am interested in reading  such observation especially from the legal aspects. We are aware that there is the New Law No. 4 Year 2009 on Mineral and Coal Mining which was legalized on 12th January 2009. 

According to Kompas Newspaper dated 26th January, 2010,  The Minister of Forestry, Zulfikli said that 169 holders of the Mining Permit are naughty. They had mined in the Forestry Conservation Area. Each Provincial must owned Forestry Area with the area of 30%. If the Forestry Area is damaged according to Zulfikli quoted in the Kompas Newspaper,  they will face law.

Relating to the indication that the envirornmental damage is geered   by the Overlapping Permits issued by the Forestry Department and the Local Government, the Head of the Forestry Centre Information Masyhud MM  according to Kompas explained 3 matters:  
  • Firstly, The Minister of Forestry pursuant to the rules had never issued the pinjam pakai (Lending use) of the Forestry Area to the Conservation Forestry Area. 
  • Secondly, the lending use permit forestry area for the mining activities is granted to the extent  it is complying with the applicable rules. Therefore, not every Mining Authority which is issued by the Bupati shall obtain ithe zin pinjam pakai ( lend use permit).  
  • Thirdly, the Mining Activities which is outside the forestry area is not the authority of the Minister of Forestry.      

Controlling Team 

According to Kompas the Controlling Team from the Environmental Department  is sent to South Kalimantan to solve the damaged terain/land resulted from the Coal Mining activities.  Eventhough major part of the Mining Authority Permit is granted by the Local Government, the Central Government can impose sanctions according to such Kompas news. Besides the Control Team sent by the Central Government, the Regional Control Team shall also be sent to clarify the damage of the enviromental resulted by the Mining is East Kalimantan.

Kompas quoted that Hermien as the Deputy Minister of Environmental   said that based on the Law No 32 Year 2009 concerning the Protection and Environmental Management (Perlindungan dan Pengelolaan Lingkungan) Article 77, the Minister of Environmental can impose  administrative sanction to the serious violators against the environmental protection and management.

The Coal Mining operation in South Kalimantan and East Kalimantan had left giant holes. These Giant Holes according to Kompas Newspaper dated 26 January 2010, is not only left by the Mining who owns the Mining Authrity Permit, but also by the holder of the  PKP2B  (Work Agreement For Coal Mining Enterprises).

According to Kompas, the data which are collected from Badan Lingkungan Hidup Daerah ( BLHD) (Regional Environmental Body of South Kalimantan) shows that the Mining Reclamation  Activities in South Kalimantan until October 2009 reached 3.132 Hectare from 20.000 Hectare opening Mine. The Reclamation is done by 16 Mining Companies holder of the  PKP2B  ( Work Agreement For Coal Mining Enterprises).  This means that there still exists 16.868 Hectares which Reclamation is not yet done. 





Kompas said as shown in page 15 of its Newspaper dated 26th January,  that acccording to the Head of  Badan Lingkungan Hidup Daerah ( BLHD) there are 2 Mining Holders of PKP2B  ( Work Agreement For Coal Mining Enterprises) who cannot afford to do the Reclamation, where Kompas mentioned PT Adaro Indonesia and PT Arutmin Indonesia.  The Head of  Badan Lingkungan Hidup Daerah ( BLHD) will restrain granting the AMDAL (Analisa Mengenai Dampak Lingkungan - Analysis concerning the Environmental Impact ) for increasing its coal  production of such company, if  there are no serious efforts to close such Mining Holes.  Kompas said that the Public Relation from PT Arutmin Indonesia had not yet received the explanation from its management relating to the non-performance of the Reclamation of the 17 Mining Holes. However, Kompas said that Arutmin as the Partner of the Government shall take notice of the guidance from Badan Lingkungan Hidup Daerah ( BLHD) (Regional Environmental Body of South Kalimantan).

According to Kompas  the Badan Lingkungan Hidup Daerah ( BLHD) (Regional Environmental Body of South Kalimantan) faced difficulties in getting the concrete data on the how much hoiles are left, since the Kabuoaten Government which issued such permit does not report to the Provincial Level. The manpower for controlling is limited upon the mining in such area.

There is also an indication that ther are Coal Mining Contractor in Kutai Kartanegara,  who does not provide  Reclamation Bond in the Mining Activities to the Local Government. However, the Company is still obligated to perform the reclamation upon the holes  which are finished being digged.

Surface Coal Mining Reclamation: 15 Years of Progress, 1977-1992, Statistical Information.
   

Analysis




Based on the above Kompas Oberservation, we can see that  there are sevral Siginifacant Issues that emerged :

 A. Overlapping Issues

a) The Overlaping implementation of granting  the  Lending Use of the Forestry  Area to the Mining Contractors, where there appears to be different of  policy between the Regional Government and the Central Government.
 b) Kalimatan seems to be rich of Coal Deposit and Coal Resources, for which for economic reasons Deleping and Mining such Coal Resources seems to be more attractive than keeping the place as a Forestry Conservation and Protection.
c) Thus there maybe a dilema situation faced by the Regional Government where they feel that Revenue for developing the Region is also considered important where the Resources of such Revenue are taken from developing and Mining The Coal Resources.

d) RECLAMATION 

  • Relating to the  Reclamation, it appears that from the business side, Reclamation absorb Costs and expenses, and the Coal Mining Companies seems to avoid adding/ allocating the Costs /Expenses for Reclamation such Huges Mining Holes left after they completed their Coal Mining in such Area.   
  •  We have to observe the Reclamation Rulings under the New Mineral and Coal  Mining Law No. 4  Year 2009 and we must also observed the Other Laws which are ruling such Reclamation issues which are associated to Mining Activities and Environmental Impacts due to the Coal Mining Operations, particularly relating to the Sanctions which may be imposed against the Coal Mining Companies if they fail to conduct such Reclamation Obligation..    

Drilling Rig

Drilling Rig
oil gas

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