Mining Area Determination

AuthorWilliam A. Sullivan/Christian Teo Purwono & Partners
ProfessionLicensed Foreign Advocate in Indonesia as well as a Solicitor of the Supreme Court of New South Wales
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-
tieswith (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.

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