Govt. Issues New Regulation on the Organization of Mining Areas

  • The government has issued Regulation No. 25 of 2023 ("Regulation 25/2023"), which contains a number of detailed provisions that address the organization of Mining Areas (Wilayah Pertambangan - "WP"), specifically: 1) Preparation of WP; 2) Determination of WP; 3) Data and information related to WP; and 4) Evaluation of WP .
  • Pursuant to Regulation 25/2023, an area can only be determined as a WP if the following criteria have first been met: 1) Data on the distribution of minerals and/or coal-bearing rock formations; 2) Mineral and/or coal indication data; 3) Data on mineral and/or coal resources; and 4) Backup data relating to minerals and/or coal.
  • Furthermore, areas that have fulfilled the abovementioned criteria must then complete the inspection and research phase in order to be designated as legal mining areas (Wilayah Hukum Pertambangan/WHP). This phase is implemented by the Minister of Energy and Mineral Resources ("Minister").
  • Finally, the Minister will then determine the relevant WP borders and areas based on determinations that are made by the governor, as well as consultations that are undertaken with the House of Representatives. Any WP that has already been determined may be altered once for a period of five years based on the results of an evaluation undertaken by the Minister.
  • Regulation 25/2023 has been in force since 5 May 2023.
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  • The government has issued Regulation No. 25 of 2023 ("Regulation 25/2023"), which contains a number of detailed provisions that address the organization of Mining Areas (Wilayah Pertambangan - "WP"), specifically: 1) Preparation of WP; 2) Determination of WP; 3) Data and information related to WP; and 4) Evaluation of WP .
  • Pursuant to Regulation 25/2023, an area can only be determined as a WP if the following criteria have first been met: 1) Data on the distribution of minerals and/or coal-bearing rock formations; 2) Mineral and/or coal indication data; 3) Data on mineral and/or coal resources; and 4) Backup data relating to minerals and/or coal.
  • Furthermore, areas that have fulfilled the abovementioned criteria must then complete the inspection and research phase in order to be designated as legal mining areas (Wilayah Hukum Pertambangan/WHP). This phase is implemented by the Minister of Energy and Mineral Resources ("Minister").
  • Finally, the Minister will then determine the relevant WP borders and areas based on determinations that are made by the governor, as well as consultations that are undertaken with the House of Representatives. Any WP that has already been determined may be altered once for a period of five years based on the results of an evaluation undertaken by the Minister.
  • Regulation 25/2023 has been in force since 5 May 2023.
......

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