STATE NEWS
REPUBLIC OF INDONESIA
| No. 35, 2014 | KEMENESDM. Upgrades. Value Add. Minerals. Revocation. |
REGULATION OF MINISTER OF ENERGY AND MINERAL RESOURCES
REPUBLIC OF INDONESIA
No. 1 YEAR 2014
ABOUT
MINERAL ADDED VALUE INCREASE
THROUGH THE MINERAL PROCESSING AND PURIFICATION ACTIVITIES
INSIDE THE COUNTRY
WITH THE GRACE OF THE ALMIGHTY GOD
THE MINISTER OF ENERGY AND MINERAL RESOURCES OF THE REPUBLIC OF INDONESIA,
Weighing: that in order to implement the provisions of Article 96 and Section 112C the figure of 5 Government Regulation No. 23 of 2010 on the implementation of the activities of the Mineral and Coal Mining activities as it has been twice amended last with the Regulation Government Number 1 Year 2014, need to establish the Regulation of the Minister of Energy and Mineral Resources on Increased Mineral Value Increase Through The Activities Of Minerals and Mineral Purity in the Interior;
Remembering: 1. Law No. 4 Year 2009 on Mineral Mining and Coal (leaf of State of the Republic of Indonesia in 2009 No. 4, Additional Gazette of the Republic of Indonesia Number 4959);
2. Government Regulation No. 23 Year 2010 on Implementation Of The Mineral And Coal Mining Efforts (State Gazette 2010 No. 29, Additional Gazette Republic of Indonesia No. 5111) as it has been twice Last modified with the Government Regulation No. 1 Year 2014 (State Gazette of the Republic of Indonesia Year 2014 Number 1, Additional Gazette Republic of Indonesia Number 5489);
3. Government Regulation No. 55 of 2010 on Coaching And Supervision of the Hosting Of Mineral And Coal Mining Enterprises (sheet Of State Of The Republic Of Indonesia Year 2010 Number 55, Additional Sheet Of State Republic Indonesia Number 5142);
4. Presidential Decree Number 59 /P of 2011 dated October 18, 2011;
5. Energy Minister ' s Regulation and Mineral Resources Number 34 of 2009 on the Importance Risking Mineral and Coal Needs (Republic News of the Republic of Indonesia 2009 Number 546);
6. Regulation of the Minister of Energy and Mineral Resources No. 18 of 2010 on the Organization and the Working Governance of the Ministry of Energy and Mineral Resources (National News of the Republic of Indonesia 2010 Number 552) as amended by the Regulation Minister of Energy and Mineral Resources Number 22 of 2013 (State News of the Republic of Indonesia 2013 Number 1022);
DECIDED:
Establish: REGULATION OF ENERGY MINISTER AND MINERAL RESOURCES ON IMPROVING MINERAL PLUS VALUE THROUGH MINERAL PROCESSING AND PURIFICATION ACTIVITIES IN THE COUNTRY.
BAB I
UMUM CONDITIONS
Section 1
In Regulation of the Minister this is referred to:
1. Mineral is an inorganic compound that forms in nature, which has certain physical and chemical properties and its regular crystal arrangement or its combined rock, either in the form of a loose or an integrated form.
2. Metal minerals are minerals whose main elements contain metals, have metal chirers, and are generally of good heat and electrical conductivity.
3. Mineral Non-Metal is a mineral whose main element is composed instead of metals, e.g. bentonite, calcite (limestone/limestone), quartz sand, and others.
4. Batuan is a solid mass composed of one type of mineral or more that forms the Earth's crust, either in a massive or loose state.
5. Concentration is a rich concentration product for valuable minerals as a result of the separation from ore mineral processing.
6. Bijih is a collection of minerals that contain 1 (one) metal or more that can be processed profitably.
7. Samping products are mining products in addition to the main mining products which are a side of the processing and refining process that has economic value.
8. Terak is the remaining material of the smelting process or purification of metals that float on the surface of the molten metal formed from the mixture of imbuh, metal-still-metal, fuel ash, and tanur coatings.
9. IUP Operations Production is the business permit given after the completion of the IUP Exploration to perform the stage of production operation activities.
10. IUPK Production Operations is a given venture permit after the completion of IUPK Exploration to perform stages of production operations in the special mining business permit area.
11. Contract Works is an agreement between the Government of the Republic of Indonesia with Indonesian legal entities in order to plant foreign capital to carry out mining efforts of mineral excavators, excluding petroleum, natural gas, and the Indonesian government. Geothermal, radioactive, and coal.
12. The plus value is an additional mineral value enhancement as a result of the processing and/or mineral purification processes.
13. The increase in Value Add is an increase in the value of the mineral through processing and/or purification activities thus resulting in economic, social and cultural benefits.
14. The Minister is the minister who organizes government affairs in the field of mineral mining.
15. Director General is the Director General whose duties and responsibilities in the field of mineral mining.
BAB II
SET THE MINERAL ADDED VALUE RATE
Section 2
(1) The mineral mining commodity Golongan that can be increased in the value of the dome is made up:
a. Metal Minerals;
B. Minerals Not Metal; and
C. Rocks.
(2) The increased Value Add of Mineral mines as referred to in paragraph (1) is exercised through activities:
a. processing and purification for the commodity of the Metal Mineral Mine;
B. processing for commodity mining commodities instead of Metal; or
c. Processing for mining commodities Batuan.
(3) Mineral Processing as referred to in verse (2) is an attempt to increase Mineral or Batuan qualities that produce products with non-changing physical and chemical properties of minerals or Batuan origin, among other forms of Concentration Metallic minerals and polished Batuan.
(4) The Mineral Purity as referred to in paragraph (2) is an attempt to improve the quality of the Metal Minerals through the extraction process as well as further purity enhancer processes to produce products with different physical and chemical properties. from the minerals of origin, among other things are metals and alloys.
Section 3
(1) Upgrades of Mineral mining commodity Add Value as referred to in Section 2 may be:
a. processing and purification for a particular type of commodity mineral mineral metals, including its followup minerals;
B. processing for the commodity types of the Mineral Mine Not a particular Metal; or
c. Processing for the commodity types of certain Batuan mines.
(2) Processing and/or purification for any type of mineral mining commodity certain as referred to by paragraph (1) is performed under consideration:
a. have a large number of resources and reserves;
B. to encourage increased metal production capacity in the country;
c. The processing and/or purification technology is already at the test stage;
D. the end product of processing and/or purification as an industrial raw material for domestic needs;
e. By-products of the remainder of the processing and/or purification products for the raw materials of the chemical industry and domestic fertilizer;
f. as the raw materials of the mineral-based domestic strategic industry;
G. provides a dual effect for the country both economically and socially and culturally; and/or
h. to improve the acceptance of the country.
(3) Perscales to perform processing and/or purification for any type of commodity mine commodity as it is referred to in paragraph (2) as the basis for setting the minimum limits of processing and/or refining of a commodity mine Certain minerals.
(4) A specific type of Metal Mineral mining commodity as referred to in paragraph (1) the letter of a mandatory processing and purification in the country in accordance with the minimum limits of processing and purification as set forth in Annex I is an inseparable part of this Minister's Rule.
(5) The type of commodity mining commodities instead of certain metals as referred to in paragraph (1) the letter b is mandatory in the country in accordance with the minimum limits of the processing as set forth in Appendix II which is the part not They are separated from these ministers.
(6) Certain types of Batuan commodities as referred to in paragraph (1) c. c. c. c. c. c. from the Minister's Rules.
Section 4
(1) Samping products or the remainder of the result of the purification of copper mineral minerals such as anoda mud and copper telurid are required to increase further purity in the country in accordance with the minimum limits of the refining of commodity mines Metallic minerals are as set forth in Appendix I which are an inseparable part of the Regulation of this Minister.
(2) Side products or remaining commodity processing of tin metal minerals in the form of zircon concentrate, ilmenite, rutile, monazite, and compulsory senoteam of processing and/or purification within the country in accordance with minimum processing of the processing and/or refining the commodity of the Metal Mineral Mine as set forth in Annex I which is an inseparable part of this Minister ' s Regulation.
(3) The by-product or the remainder of the proceeds of the Tin Concentrate of tin are required to be purised within the country according to the minimum limits of the purification of the metals of the Metal Mineral mines as set forth in Appendix I which is a part of inseparable from this Minister's Rule.
(4) Samping products or the remainder of the goods refining the commodity of lead metal minerals and zinc is gold and silver is required purification within the country according to the minimum limits of refining the commodity of the Metal Mineral mines as listed in Annex I which is an inseparable part of the Regulation of this Minister.
(5) Samping Products or the remainder of the proceeds of the purification of the mineral iron sands mine are required to be purised within the country in accordance with the minimum limits of the purification of the metals of the Metal Mineral mines as set forth in the Attachment I, which is an integral part of the Minister's Ordinance.
(6) Samping products or the remainder of the proceeds of the commodity processing of the mineral minerals instead of metals that still contain elements or minerals of economically valuable metals are required processing and purification in the country according to the minimum limits of processing and purifying the commodity of the Metal Mineral Mine as set forth in Annex I which is an inseparable part of this Minister ' s Regulation.
BAB III
IMPLEMENTATION OF ADDED VALUE INCREASE
Section 5
(1) IUP holders of Metal Mineral Production Operations and IUPK Metal Mineral Production Operations are required to perform the processing and purification of mining results within the country according to the minimum limits of the processing and purification of certain Metal Minerals as referred to in Article 3 of the paragraph (4).
(2) Licensee's use of the Program may not be used to use any of the following DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for and verse (6).
(3) Processing and/or purification of mining results produced by the IUP holders of Production Operations and IUPK Production Operations as referred to in paragraph (1) and paragraph (2) may be performed directly or through cooperation with the IUP holders Other Production Operations, IUPK Other Production Operations, and/or the IUP holders Special Production Operations for processing and/or purification.
Section 6
(1) The cooperation of processing and/or purification as referred to in Article 5 of the paragraph (3) may be:
a. sell the Bijih (raw material or ore) or Concentrator; or
B. activities to perform the processing and/or purification process.
(2) The processing and/or purification cooperation plan as referred to in paragraph (1) may only be implemented after obtaining consent from:
a. Minister if:
1. The cooperation plan is carried out between the Holder IUP of Production Operations or IUPK Production Operations published by the Minister with:
a) Other Production Operations or IUPK Other Production Operations are issued by the Minister;
b) Other Production operations issued by the governor or bupati/walikota;
c) IUP Special Production Operations for processing and/or refining published by the Minister.
2. The cooperation plan was conducted between the IUP holders of Production Operations published by 2 (two) different governors;
3. The cooperation plan is conducted between the IUP holders of the Production Operations published by 2 (two) different provinces/mayors;
4. The cooperation plan is performed between the IUP holders of the Production Operations published by the regent/mayor or IUP of Production Operations published by the governor with IUP Special Production Operations for processing and/or refining that published by the Minister.
B. the governor if:
1. The cooperation plan carried out between the IUP holders of Production Operations published by the governor with:
a) Other Production Operations published by the governor in 1 (one) province;
b) Other Production Operations are issued by the regent/mayor in 1 (one) province;
c) IUP Special Production Operations for processing and/or refining published by governors in 1 (one) province;
2. The cooperation plan is conducted between the IUP holders of the Production Operations published by the regent/mayor with IUP Production Operations published by the other bupati/mayor in 1 (one) province;
3. The cooperation plan is conducted between the IUP holders of Production Operations published by the regent/mayor with IUP Special Production Operations for processing and/or refining published by the governor;
C. non/mayor if the cooperation plan is performed between the IUP holders of the Production Operations published by the regent/mayor with:
1. IUP Other Production Operations published by the regent/mayor in 1 (one) district/kota;
2. IUP Special Production Operations for processing and/or refining published by bupati/mayor in 1 (one) district/city.
(3) IUP Special Production Operations for processing and/or purification as referred to in Article 5 paragraph 3 provided by the Minister, governor, or regent/mayor in accordance with the provisions of the laws.
(4) In terms of IUP holders of Production Operations, IUPK Production Operations, and IUP Special Production Operations for processing and/or purification of processing and/or refining of the Bijih (raw materials or ore), Concentration, or product between the minerals From abroad, his cooperation plan with the suppliers is obliged to receive approval from the Minister.
BAB IV
HOLDER ' S OBLIGATIONS OF PRODUCTION OPERATIONS,
IUPK PRODUCTION OPERATION, AND IUP OF SPECIAL PRODUCTION OPERATIONS FOR PROCESSING AND REFINING
Section 7
(1) IUP holders of copper Production Operations, IUPK copper Production Operations, and IUP Special Production Operations for the processing and/or refining of copper as well as IUP Special Production Operations for transport and sales that sell mining commodities Copper, including Samping Products, or the remainder of the purification of copper Concentration, anda and copper telurid mud abroad are required to meet the minimum limitations of refining the commodity of the Metal Mineral mines as set forth in Annex I is an inseparable part of this Minister's Rule.
(2) IUP holders of lead and zinc production operations, IUPK Operations of lead and zinc production, and IUP Special Production Operations for processing and/or refining of lead and zinc as well as IUP Special Production Operations for transport and sales that Selling products of lead and zinc mines, including Product Samping, or the rest of the proceeds of the purification offering of gold and silver abroad, are required to meet the minimum limitations of refining the commodity of the Metal Mineral Mine as set forth in Annex I is an inseparable part of this Minister's Rule.
(3) IUP holders of iron sands Production Operations, IUPK Iron sands Production Operations, and IUP Special Production Operations for processing and/or refining iron sands as well as IUP Special Production Operations for transport and sales selling commodities Iron sands mine, including Product Samping, or the rest of the proceeds of the Ak Purifying, are required to meet the minimum limits of the purification of the commodity minerals of the metals as listed in Appendix I which is an integral part of The rules of this minister.
Section 8
(1) In terms of the IUP holders of tin Production Operations, IUPK tin Production Operations, and IUP Special Production Operations for the processing and purification of tin that performs the processing and purification of tin metals are required to separate and process the following minerals Zircon, ilmenite, rutile, monazite, senotim, and processing Terak with the minimum product limits of processing and/or purification of the Metal Minerals as set forth in Annex I which is an inseparable part of this Minister's Regulation.
(2) IUP holders of tin Production Operations, IUPK tin Production Operations, and IUP Special Production Operations for tin processing and refining as well as IUP Special Production Operations for transporting and sales that sell lead mining commodities, including By-products or the remainder of the processing and purification products and minerals such as zircon, ilmenite, rutile, monazite, senotim, and Terak are required to meet the minimum limits of processing and/or refining the commodity of the Metal Mineral Mine as it is in verse (1).
(3) In terms of IUP holders of tin Production Operations, IUPK tin Production Operations, and IUP Special Production Operations for tin processing and purification which have the following product Samping minerals zircon, ilmenite, rutile, monasite, senotim, and Terak which has not met the minimum limit of processing and refining as referred to in paragraph (1) is mandatory for safekeeping in accordance with the provisions of the laws.
BAB V
OTHER PROVISIONS
Section 9
The obligation of processing and/or purification for the Metal Minerals, Non-Metal Minerals, and the Batuan provisions of the Regulation are not applicable to the IUP holders of Production Operations and IUPK Production Operations of Metal Minerals, Non-Metal Minerals, and Batuan whose output is used directly for domestic purposes.
Section 10
The type of mineral commodity that has not been listed in Article 3 of the paragraph (4), Article 3 of the paragraph (5), and Article 3 of the verse (6) can only be sold abroad after the minimum processing of the processing and/or its purification is set by the Minister.
BAB VI
TRANSITION PROVISIONS
Section 11
Holders of Mineral Works Not Metal and Batuan as well as IUP Mineral Production Operations Not Metal and Batuan as referred to in Article 112C figures 2 Government Regulation No. 1 of 2014 on Second Change of Government Regulation No. 1 23 Years 2010 on the Implementation of the Mineral Mining and Coal-mining activities can conduct the sale of overseas processing results after meeting minimum processing of the processing as referred to in Appendix II and Appendix III which is the the inseparable part of the Regulation of this Minister.
Section 12
1. licensees of the Metal Mineral Works as referred to in Section 112C figure 3 of the Government Regulation No. 1 of 2014 on the Second Amendment to Government Regulation No. 23 of 2010 on the Implementation of the Mineral Mining Efcity and Batubara may conduct sales abroad in a certain amount of processing results including the result of refining after meeting the minimum limits of processing and purification as referred to in Appendix I which is an inseparable part from the Minister's Rules.
2. Mud anoda and copper telurid as Samping Products or the rest of the proceeds of the purification of the commodity copper minerals can be sold abroad in certain amounts throughout the time yet to be done purification in the country according to The minimum limit of purification as set forth in Annex I is an inseparable part of this Minister's Regulation.
3. IUP holders of Metal Mineral Production Operations as referred to in Section 112C figure 4 of the Government Regulation No. 1 of 2014 on the Second Amendment to Government Regulation No. 23 Year 2010 on the Implementation of the Mining Efforts Activities Minerals and Batubara can conduct sales abroad in certain amounts of processing results including refining results after meeting minimum limits of processing and purification as set forth in Appendix I which is a part of not They are separated from these ministers.
4. The sale of Metal Mineral Processing proceeds to overseas as referred to in number 1 and number 3 does not apply to the metals mining commodity metals:
a. nickel;
B. bauxite;
C. lead;
B. gold;
C. silver; and
D. Chromium.
5. Sales abroad in a certain amount of processing results as referred to in number 1 and number 3 including the anode and copper telurid sludge as referred to at number 2, can be done in the slowest 3 (three) time frame The year has been promulred by the Minister's Rule.
6. Foreign sales in certain amounts, as referred to in number 5, can only be done after obtaining the Director General's recommendation on the Minister's behalf.
7. The recommendation as referred to in the number 6 is used by the licensee of the Metal Mineral Works and IUP Operations of Metal Mineral Production including the other party which produces anode sludge and copper telurid as the basis for obtaining Mail Export approval of the Minister of Commerce.
8. To obtain a recommendation, a holder of the Metal Mineral Works Contract and IUP of Metal Mineral Production Operations must meet the requirements as follows:
a. have sufficient reserves to perform the processing and purification within the country according to the age of its own processing and refining facilities or cooperation with other parties;
B. suggests the seriousness of building a purification facility either directly or in cooperation with the other party by handing over plans for a purification facility; and
c. fulfill the performance of the good environment management.
9. Requests that meet the requirements to obtain a recommendation as referred to in the number 8 is mandatory with another:
a. the approved eligibility study document;
B. living environment documents that have been approved by the authorized instance;
c. proof of the softening of financial payment obligations to the country;
D. clear and clean certificate for IUP holders of Production Operations;
e. schedule plans for the construction of a purification facility in the country that has been approved in accordance with the provisions of the laws of the law;
f. work plans and a running year cost budget that has been approved; and/or
G. The sales plan for the processing results included the type and quality of the product, the amount, the price, and the loading dock.
10. Director General on behalf of the Minister conducting an evaluation of the plea as referred to at the number 8 and the number 9 to establish:
a. the type and quality of products that have been in accordance with the minimum limitations of Metal Mineral Processing as set forth in Appendix I which is an inseparable part of this Minister Regulation;
B. certain amount of sales the specified processing result is based on consideration:
1) environmental management performance;
2) Backup;
3) the capacity of the purification facility; and
4) advances in the construction of a purification facility.
11. To get a recommendation, the other party that produces anode and copper telurid mud must meet the requirements as follows:
a. suggests the seriousness of building a purification facility either directly or in cooperation with the other party by handing over plans for a purification facility; and
B. meets a good environmental management performance;
12. Requests that meet the requirements to obtain a recommendation as referred to in the number 11 is mandatory with another:
a. schedule plans for the construction of a purification facility in the country that has been approved in accordance with the provisions of the laws of the law;
B. sales plans that load include type and product quality, amount, price, and port of load;
(c) the following year:
D. Live environment documents that have been approved by the authorities.
13. The Director General on behalf of the Minister performs the evaluation of the application as referred to at the number 11 and the number 12 to set a certain amount of sales determined based on consideration:
a. environment management performance;
B. the capacity of the purification facility; and
c. progress on the construction of a purification facility.
14. Based on the evaluation as referred to in the number 10 and the number 13, the Director General on behalf of the Minister provides the recommendation as referred to the number 6 to the holder of the Metal Mineral Works Contract and IUP of the Metal Mineral Production Operation including the other party that produces anode sludge and copper telurid for a term of 6 (six) months.
15. licensees of the Metal Mineral Works and IUP Operations of the Metal Mineral Production as referred to in numbers 1 and number 3, after a term of 3 (three) years since the promulgate of this Minister's Regulation, can only sell overseas results The production which has been made purification corresponds to the minimum limit of purification as set forth in Annex I which is an inseparable part of this Minister's Regulation.
16. Other parties which produce anode and copper telurid mud, after a period of 3 (three) years since the promulgates of this Minister ' s Regulation, can only sell abroad the output of the production that has done purification according to the limits of the minimum of purification as set forth in Annex I which is an inseparable part of the Regulation of this Minister.
BAB VII
CLOSING PROVISIONS
Section 13
At the time the Ordinance of the Minister came into force, the Regulation of the Minister of Energy and Mineral Resources Number 07 of 2012 on Increased Mineral Value Increase Through Processing Activities and Mineral Purity (Indonesian Republic of the Republic of Indonesia 2012) Number 165) as has been twice the last modified with the Regulation of the Minister of Energy and Mineral Resources No. 20 of 2013 (the State News of the Republic of Indonesia of 2013 No. 993), revoked and declared not valid.
Section 14
The Minister ' s rules are beginning to apply at the date of the invitation.
In order for everyone to know it, order the invitation of this Minister's Regulation with its placement in the State News of the State of the State.
Set in Jakarta
on January 11, 2014
MINISTER OF ENERGY AND MINERAL RESOURCES
REPUBLIC OF INDONESIA,
JERO WACIK
Promulgated in Jakarta
on January 11, 2014
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
