Reclamation and Post-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: 147-158

CHAPTER 12

Reclamation and Post-Mining

Activities Regulation

I.Executive Summary

1. Overview

The Reclamation and Post-Mining Activities Regulation (hereinafter referred

to as “GR 78/2010”) was issued with legal effect from December 20, 2010,

and by way of the implementation of Article 101 of the 2009 Mining Law.

2. Approach

2.1Basic Obligation: IUP/IUPK holders are obliged to carry out Rec-

lamation Activities and Post-Mining Activities.

2.2 Reclamation Activities and Post-Mining Activities must be carried out

to restore the function of the environment in accordance with the

local condition of the entire mining area. The carrying out of Rec-

lamation Activities and Post-Mining Activities must be consistent with

protection and management of mining environment principles, work

health and safety, and minerals and coal conservation.

2.3 In certain situations, the Relevant Government Authority may

instruct a third party to carry out Reclamation Activities and Post-

Mining Activities.

2.4Reclamation Activities Plan and Post-Mining Activities Plan:

The holder of an Exploration IUP/IUPK must submit (i) a Reclama-

tion Activities Plan and (ii) a Post-Mining Activities Plan to the Rel-

evant Government Authority as one of the supporting documents for

a Production Operation IUP/IUPK Application.

2.5 GR 78/2010 specifies what must be included in the Reclamation

Activities Plan and the Post-Mining Activities Plan.

147