Mining Area Determination

• 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: 43-52

CHAPTER 3

Mining Area Determination

I. Executive Summary

1. Overview

The Mining Area DeterminationRegulation (hereinafter referred to as “GR 22/

2010”) was issued with legal effect from February 1, 2010, and by way of the

implementation of Articles 12, 19, 25, 33, and 89 of the 2009 Mining Law.

2. Approach

2.1 Mining Research: Pursuant to GR 22/2010, mining inspection and

research, for the purpose of preparing WPs, will be carried out by

Relevant Government Authority. The Relevant Government Authority

may also carry out exploration activities in the WPs and record the

data and information derived from such exploration activities.

2.2 The Relevant Government Authority may appoint/assign (i) a State

Research Institution and/or (ii) a Regional Research Institution to carry

out mining inspection and research in a WP so as to support the

preparation of WUPs and WPNs. Under certain conditions, MoEMR

may also appoint/assign an International Research Institution for the

purpose of carrying out mining inspection and research in a WP.

2.3 Determination of WPs and WPNs: WPs will be determined by

MoEMR in coordination with the Governor/Regent/Mayor and in

consultation with the DPR. The Governor or Regent/Mayor may

propose to MoEMR changes to WPs based on the results of inspection

and research or exploration activities.

2.4 MoEMR may determine/specify a WPN as an area to be reserved and

that can be utilized, under certain conditions, for “certain commodi-

ties”with (i) approval from the DPR, (ii) regional input, and (iii) in

accordance with the WPN criteria. The WPN will then be converted

into WUPKs having regard to certain considerations.

43