Forest Area Utilization for Underground Mining Activities Regulation

• Author: William A. Sullivan/Christian Teo Purwono & Partners
• Profession: Licensed Foreign Advocate in Indonesia as well as a Solicitor of the Supreme Court of New South Wales
• Pages: 455-461

CHAPTER 32

Forest Area Utilization for

Underground Mining Activities

Regulation

I. Executive Summary

1. Overview

The Forest Area Utilization for Underground Mining Activities Regulation

(hereinafter referred to as “PR 28/2011”) was issued with legal effect from

May 19, 2011, and by way of implementation of Article 5(2) of GR 24/2010.

2. Approach

2.1 No Change of Purpose or Function: Miningactivities may be carried

out in Protected Forests by way of underground mining so long as this

does not alter the main purpose and function of the Protected Forest.

2.2 Application: In order to be able to utilize Protected Forests for

underground mining activities, the holders of IUPs/IUPKs/IPRs/

CoWs/CCoWs must apply for and obtain Protected Forest Rent Use

Permits from MoFOR.

2.3 MoFOR will, f‌irst, issue an Approval-in-Principle License to the

applicant for a Protected Forest Rent Use Permit, with a maximum

initial validity period of two years that is extendable, subject to eval-

uation by MoFOR.

2.4 The Approval-in-Principle License will specify a number of obligations

that must be fulf‌illed by the Protected Forest Rent Use Permit appli-

cant in order to obtain the Protected Forest Rent Use Permit.

2.5 Once the Approval-in-Principle License holder fulf‌ills the Approval-in-

Principle License obligations, MoFOR will issue the Protected Forest

Rent Use Permit.

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