Glance View Minerals and Coal Mining Law 4 Year 2009

• GLANCE VIEW of the NEW Minerals & Coal Mining Law No. 4 Year 2009

• After having seen in a glance on this New Minerals and Coal Mining Law No. 4 Year 2009, you may found some interesting issues as follows:
• This New Law regulates the issuance of Mining Licenses/Permits which is granted by several level of Government Institutions /Officers relating to the Mining Activates depending on the classification of such Mining Area (WP) and type of Mining Activities.
• This Mining Area (WP) consists of 3 three categories namely:
• (i) WUP (Mining Area which is part of the WP which has contained the availability of data, potential and/or geology information, (ii) WPR (Peoples Mining Area) and (iii) WPN (State Reserves Mining Area).
• This WP is determined by the Central Government, after having coordination with the Regent/District Government and consultation with the Peoples House Of representatives.
• This coordination is conducted by the respective Regional Government based on the data and information which is possessed and owned by the Central Government and the Regional Government.
• Relating to State Reserves Mining Area, it is quite interesting since the Government as a matter of National Strategy with the approval of the Peoples House of Representative with considering the regional aspiration determines this WPN ( State Reserves Mining Area).
• The reservation is related to certain commodities and regional conservation in the framework of maintaining the ecosystem balance and environment.
• The WPN which is determined for certain commodity can be managed (determined) on its wide / extensive of area with the approval of the Peoples House of Representatives.
• Based on the explanation of Article 27 of the Minerals and Coal Mining Law, what is meant by certain commodity are among others : ore, tin, gold, iron, nickel, and bauxite and coal.
• The determination of this WPN for the national interest is to push the national economic growth, national energy and industry strategy endurance, and to increase the national competitiveness in facing the global challenge.
• This Area of WPN which will be developed for certain commodities as described above shall be changed its status to become WUPK ( Special Mining Area which could be developed).
• What makes this issue interesting is because this element of Reserves Mining Area which shall than be changed into the status of WUPK ( Special Mining Area which could be developed) is something new being introduced in this New Minerals and Mining Law No.4 Year 2009.

Jakarta, March 12, 2009

Agung Supomo Suleiman

Senior Partner

Law Firm Suleiman Agung & CO

Blog Law Firm : http://www.sacolaw.blogspot.com

Email : agungsuleiman@gmail.com

agungsacolaw@telkom.net

Scheme of Governments Role Law 4 Year 2009,

GOVERNMENT'S AUTHORITY In management of mineral & coal mining, includes among others :
Mineral & Coal Mining Law No 4 Year 2009
	Article 6	Art. 7	Art. 8
	CENTRAL Government	Provincial Government	Regent / City Government
CONDUCTING	Inventory, survey, research, exploration in framework of getting mineral & coal data and information as material for setting WUP & WPN (par. 1.p)	inventory, survey, research, exploration in framework of getting mineral & coal data & information pursuant to its authority (par.1.e)	inventory, survey, research, exploration in framework of getting mineral & coal data and information (par.1 d)
	managing geology information, mineral & coal potential resources, & mining information in national level (par.1. q)	managing geology information, mineral & coal potential resources, and mining information within regional (daerah) / provincial area ( par.1.f)	managing geology information, mineral & coal potential resources, and mining information within regent (kabupaten) / city ( par.1.f)

Determining ruling law - Indonesian New Minerals & Coal Mining Law 4 Year 2009

GOVERNMENT'S AUTHORITY. In management of mineral & coal mining, includes among others :
Law No 4 Year 2009
Article 6		Art. 7	Art. 8
	CENTRAL Government	Provincial Government	Regent / City Government
Determining	National Policy (par.1a)
	making ruling law (par.1b)	making regional ruling law (par.1a)	making regional ruling law (par.1a)
	National standard, guidance, criteria (par.1c)
	National Mineral & Coal Mining License System (par.1d)
	WP after coordination with Regional Government and consultation with House Of Peoples Representatives (par.1e)

Granting Licenses/Permits

GOVERNMENT'S AUTHORITY. In management of mineral & coal mining, includes among others :
Law No 4 Year 2009
	Article 6	Art. 7	Art. 8
	CENTRAL Government	Provinsial Government	Regent/ City Government
GRANTING & Conducting	IUP, development, public conflict settlement and supervision of mining activities which exist at cross provincial area and / or sea area exceeding 12 (twelve) miles from coastal line.(par. 1) f	IUP, development, public conflict settlement and supervision of mining activities crossing regional/city and or sea area 4(four) miles up to 12(twelve) miles (par.1 b.)	IUP & IPR development, public conflict settlement and supervision of mining activities within regional/city and or sea area up to 4 (four) miles. (par.1.b)
	IUP, development, public conflict settlement and supervision of mining activities which exist at the cross provincial area and / or sea area exceeding 12 (twelve) miles from the coastal line .(paragraph 1 g)	IUP , development, public conflict settlement and supervision of mining production operations activities crossing regional/city and or sea area 4(four) miles up to 12(twelve) ( par.1 c)	IUP & IPR, development, public conflict settlement and supervision of mining production operations activities within regional/city and or sea area up to 4 (four) miles(par.1.c)
	IUP, development, public conflict settlement and supervision of mining activities which has direct environmental impact crossing regent/city and / or sea area exceeding 12 (twelve) miles from the coastal line ( par. 1 .h.) IUPK Exploration & IUPK Production Operation	IUP, development, public conflict settlement and supervision of mining activities which has direct environmental impact crossing regent/city and / or sea area 4(four) miles up to 12 (twelve) miles ( par. 1. d.)
Evaluating	IUP Production Operation which is issued by the regional Government, which caused environmental damage & which does not apply well mining rules