Minister of Transportation Issues New Provisions on Special Terminals and Private Interest Terminals

  • In a bid to implement certain provisions originally set out under Regulation of the Government No. 31 of 2021 on the Organization of the Shipping Sector, the Minister of Transportation ("Minister") has now issued Regulation No. 52 of 2021 on Special Terminals and Private Interest Terminals ("Regulation 52/2021").
  • Special terminals and private interest terminals should be managed by the central government, provincial governments, regency/city governments or business entities. Meanwhile, special terminals and private interest terminals can only be developed in line with certain technical and economic considerations, or if the nearest available terminal is unable to accommodate several core business activities, including: 1) Agriculture; 2) Forestry; 3) Fisheries; 4) Mining and quarrying; 5) Processing industries; 6) Procurements of electrical power, gas, hot-water steam and cold air; 7) Water management, wastewater management and recycling; 8) Construction; 9) Wholesale trade; 10) Provision of accommodation; 11) Tourism areas, natural tourism parks and national parks; and 12) Certain activities which require docking facilities.
  • Special terminals and private interest terminals can only be operated in line with the following activities: 1) Ship traffic activities, boarding and disembarkation of passengers, and loading and unloading of goods in the form of raw materials, production results and/or supporting production equipment for their own use; and 2) Activities relating to government, research, education and training, as well as social activities.
  • Business licensing for the development of special terminals can be granted for a maximum period of five years, which can be extended for a maximum period of two years, while business licensing for the operation of said special terminals can be granted for a maximum period of five years, which can also be extended.
  • The management of private interest terminals may only be conducted after business licenses have first been secured from the following agencies: 1) The Minister: for private interest terminals located within the work authority areas and work interest areas of main and hub ports; 2) Governors: for private interest terminals located within the work authority areas and work interest areas of regional feeder ports; and 3) Regents/mayors: for private interest terminals located within the work authority areas and work interest areas of local feeder ports.
  • Regulation 52/2021 has been in force since 16 June 2021.
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  • In a bid to implement certain provisions originally set out under Regulation of the Government No. 31 of 2021 on the Organization of the Shipping Sector, the Minister of Transportation ("Minister") has now issued Regulation No. 52 of 2021 on Special Terminals and Private Interest Terminals ("Regulation 52/2021").
  • Special terminals and private interest terminals should be managed by the central government, provincial governments, regency/city governments or business entities. Meanwhile, special terminals and private interest terminals can only be developed in line with certain technical and economic considerations, or if the nearest available terminal is unable to accommodate several core business activities, including: 1) Agriculture; 2) Forestry; 3) Fisheries; 4) Mining and quarrying; 5) Processing industries; 6) Procurements of electrical power, gas, hot-water steam and cold air; 7) Water management, wastewater management and recycling; 8) Construction; 9) Wholesale trade; 10) Provision of accommodation; 11) Tourism areas, natural tourism parks and national parks; and 12) Certain activities which require docking facilities.
  • Special terminals and private interest terminals can only be operated in line with the following activities: 1) Ship traffic activities, boarding and disembarkation of passengers, and loading and unloading of goods in the form of raw materials, production results and/or supporting production equipment for their own use; and 2) Activities relating to government, research, education and training, as well as social activities.
  • Business licensing for the development of special terminals can be granted for a maximum period of five years, which can be extended for a maximum period of two years, while business licensing for the operation of said special terminals can be granted for a maximum period of five years, which can also be extended.
  • The management of private interest terminals may only be conducted after business licenses have first been secured from the following agencies: 1) The Minister: for private interest terminals located within the work authority areas and work interest areas of main and hub ports; 2) Governors: for private interest terminals located within the work authority areas and work interest areas of regional feeder ports; and 3) Regents/mayors: for private interest terminals located within the work authority areas and work interest areas of local feeder ports.
  • Regulation 52/2021 has been in force since 16 June 2021.
......

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