30 Sep 2014
MINERAL AND COAL MINING REGULATION REGARDING IMPLEMENTATION OF RECLAMATION AND POST MINING ACTIVITIES
The above regulation was issued by the Minister of Energy and Mineral Resources under No. 7 of 2014 (“MEMR Regulation No. 7/2014”) on 28 February 2014, as the implementation of Articles 9, 12, 15, 18, 28, 36, 43, 49, and 51 of Government Regulation No. 78 of 2010 on Reclamation and Post-Mining Activities.
MEMR Regulation No. 7/2014 sets out the obligations of holders of Mining Business License (Izin Usaha Pertambangan or “IUP”) and holders of special IUP (“IUPK”) for exploration and for production operation, and regulates the planning of reclamation and post-mining activities as well as implementation of the plan.The following are some of the key points.
PLANNING OF THE RECLAMATION
After the completion of the preliminary study at the exploration phase, a reclamation plan for the production phase must be made for a period of 5 (five) years or for the respective mining period if the mining period is less than 5 years.
POST MINING PLAN
This post mining plan is a prerequisite for the production operation IUP. It must submitted to the relevant government authority within 60 (sixty) days as of the issue of the respective mining license.
For each reclamation plan and post-mining plan, the respective IUP or IUPK holder must make a guarantee deposit in a government bank in order to ensure the commencement of the plan.
Holders of exploration IUP and exploration IUPK must report the implementation of their reclamation plan annually to the relevant government authority, at the same time they may request the release of the guarantee deposit made in the exploration phase.
The sanctions for non compliance of the obligations under this regulation are as follows:
MEMR Regulation No. 7/2014 has been in effect as of the date of its issue. (by: Mahatma Hadhi/Marisa Harfiana)