Jumat, Juni 7, 2024

Guidelines for the Reopening of Reclaimed Areas Within the Mineral and Coal Mining Sector Revised

In 2018, the Minister of Energy and Mineral Resources ("Minister") issued Decree No. 1827 K/30/MEM/2018 ("Decree 1827/2018") which, in essence, featured a set of applicable guidelines that specifically addressed the implementation of good mining techniques. However, in an effort to ensure that provisions on the reopening of reclaimed lands are in line with current best mining practices, the Minister has decided to revise the provisions that deal with land reopenings, as currently featured under Decree 1827/2018, through the issuance of Decree No. 111.K/MB.01/MEM.B/2024 ("Decree 111/2024"), which has been in force since 21 May 2024.
The enforcement of Decree 111/2024 has consequently resulted in the repeal and replacement of various matters relating to the reopening of reclaimed lands, as featured under Appendix VI, Section D of Decree 1827/2018. In this regard, as detailed under Appendix to Decree 111/2024, the following matters that relate to the reopening of reclaimed lands must now adhere to the latter framework: 1) Provision of replacement lands; 2) Plans for the reopening of activities on reclaimed land; and 3) Procedures for the submission of evaluations and approvals for land reopenings.
Holders of the following types of mining permits are entitled to submit applications for the reopening of reclaimed lands: 1) Mining Business Licenses (Izin Usaha Pertambangan – "IUP"); 2) Special IUP (IUPK); 3) Contracts of Work (Kontrak Karya/KK); and 4) and Coal Contracts of Work (Perjanjian Karya Pengusahaan Pertambangan Batubara/PKP2B).
The above-outlined mining permit holders may reopen reclaimed lands by preparing replacement lands with areas that meet the following conditions: 1) Planned reopened land areas of at least three times the size of the equivalent Mining Business Permit Area (Wilayah Izin Usaha Pertambangan – "WIUP") or Special WIUP ("WIUPK") for reclamation expansions and two times the area size of the WIUP or WIUPK for revegetation; and 2) Area sizes three times those of planned reopened lands (if the WIUP or WIUPK sized areas outlined in point [1] above are unavailable).

......

Subscribe to read more legal analysis.

Hukumonline Pro Intelligence

Platform AI hukum terpercaya sebagai solusi komprehensif riset Anda

Professional Solutions

University Solutions

Pro

Rp 5.000.000 /bulan

Jadwalkan Demo

Lihat Detail

Pro AI

Terfavorit

Rp 8.200.000 /bulan

Jadwalkan Demo

Lihat Detail

Pro Compliance

New

Rp 12.500.000 /bulan

Jadwalkan Demo

Lihat Detail

*Syarat dan ketentuan berlaku

In 2018, the Minister of Energy and Mineral Resources ("Minister") issued Decree No. 1827 K/30/MEM/2018 ("Decree 1827/2018") which, in essence, featured a set of applicable guidelines that specifically addressed the implementation of good mining techniques. However, in an effort to ensure that provisions on the reopening of reclaimed lands are in line with current best mining practices, the Minister has decided to revise the provisions that deal with land reopenings, as currently featured under Decree 1827/2018, through the issuance of Decree No. 111.K/MB.01/MEM.B/2024 ("Decree 111/2024"), which has been in force since 21 May 2024.
The enforcement of Decree 111/2024 has consequently resulted in the repeal and replacement of various matters relating to the reopening of reclaimed lands, as featured under Appendix VI, Section D of Decree 1827/2018. In this regard, as detailed under Appendix to Decree 111/2024, the following matters that relate to the reopening of reclaimed lands must now adhere to the latter framework: 1) Provision of replacement lands; 2) Plans for the reopening of activities on reclaimed land; and 3) Procedures for the submission of evaluations and approvals for land reopenings.
Holders of the following types of mining permits are entitled to submit applications for the reopening of reclaimed lands: 1) Mining Business Licenses (Izin Usaha Pertambangan – "IUP"); 2) Special IUP (IUPK); 3) Contracts of Work (Kontrak Karya/KK); and 4) and Coal Contracts of Work (Perjanjian Karya Pengusahaan Pertambangan Batubara/PKP2B).
The above-outlined mining permit holders may reopen reclaimed lands by preparing replacement lands with areas that meet the following conditions: 1) Planned reopened land areas of at least three times the size of the equivalent Mining Business Permit Area (Wilayah Izin Usaha Pertambangan – "WIUP") or Special WIUP ("WIUPK") for reclamation expansions and two times the area size of the WIUP or WIUPK for revegetation; and 2) Area sizes three times those of planned reopened lands (if the WIUP or WIUPK sized areas outlined in point [1] above are unavailable).

......