After substantial delay, Government Regulation No. 55 of 2010 was issued as one of four long-delayed implementing regulations to Law No. 4 of 2009 on Mineral and Coal Mining (“Mining Law”): in this case, the regulation addresses supervision of licensed mining activities.
The supervision of licensed mining activities is generally conducted by the Minister of Energy and Mineral Resources, governors, regents, or mayors. Those who fall under the scope of regulatory supervision are holders of Mining Business Licenses (IUP), Community Mining Licenses (IPR), or Special Mining Business Licenses (IUPK).
The regulation implements Article 144 of the Mining Law, which instructs supervisors to scrutinize at least 15 things regarding mining activities. The list, as contained in Article 16 of the regulation (and also in Article 141 of the Mining Law), includes supervision of: finances, mineral and coal processing data, conservation of mineral and coal, operational safety, environmental impacts, land reclamation, post-mining management, technical training of laborers, as well as a host of production data on the types, qualities, and totals of extracted minerals.
Further detail on each element of supervision is provided in Articles 21 to 34 of the regulation. As an example, Article 23 specifies that ‘financial matters’ includes supervision of: financial plans, financial plan implementation, and fulfillment of payment obligations and other fees.
In reality, supervision will be carried out by Mining Inspectors, with endorsement from the Ministry of Energy and Mineral Resources, although the Minister, governors, regents and mayors may also send authorized representatives into mining facilities. Nevertheless, only a Mining Inspector is equipped with the authorities to (1) temporarily stop mining activities in part or entirely, or (2) recommend that certain mining activities permanently cease operations to the Chief Mining Inspector. The definition of the Chief Mining Inspector is stipulated in the Elucidation of Article 36 (3) (c) of the regulation.
The regulation has been in force since 5 July 2010.
After substantial delay, Government Regulation No. 55 of 2010 was issued as one of four long-delayed implementing regulations to Law No. 4 of 2009 on Mineral and Coal Mining (“Mining Law”): in this case, the regulation addresses supervision of licensed mining activities.
The supervision of licensed mining activities is generally conducted by the Minister of Energy and Mineral Resources, governors, regents, or mayors. Those who fall under the scope of regulatory supervision are holders of Mining Business Licenses (IUP), Community Mining Licenses (IPR), or Special Mining Business Licenses (IUPK).
The regulation implements Article 144 of the Mining Law, which instructs supervisors to scrutinize at least 15 things regarding mining activities. The list, as contained in Article 16 of the regulation (and also in Article 141 of the Mining Law), includes supervision of: finances, mineral and coal processing data, conservation of mineral and coal, operational safety, environmental impacts, land reclamation, post-mining management, technical training of laborers, as well as a host of production data on the types, qualities, and totals of extracted minerals.
Further detail on each element of supervision is provided in Articles 21 to 34 of the regulation. As an example, Article 23 specifies that ‘financial matters’ includes supervision of: financial plans, financial plan implementation, and fulfillment of payment obligations and other fees.
In reality, supervision will be carried out by Mining Inspectors, with endorsement from the Ministry of Energy and Mineral Resources, although the Minister, governors, regents and mayors may also send authorized representatives into mining facilities. Nevertheless, only a Mining Inspector is equipped with the authorities to (1) temporarily stop mining activities in part or entirely, or (2) recommend that certain mining activities permanently cease operations to the Chief Mining Inspector. The definition of the Chief Mining Inspector is stipulated in the Elucidation of Article 36 (3) (c) of the regulation.
The regulation has been in force since 5 July 2010.
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