The text is not in the original format.
Back
STATE NEWS
REPUBLIC OF INDONESIA
| No. 78, 2013 | MINISTRY OF ENERGY AND MINERAL RESOURCES. Management of Mining Enterprises. Provincial and District Government/City. Surveillance. |
REGULATION OF MINISTER OF ENERGY AND MINERAL RESOURCES
REPUBLIC OF INDONESIA
Number 02 YEAR 2013
ABOUT
OVERSIGHT OF THE HOSTING OF MANAGEMENT
MINING EFFORTS IMPLEMENTED BY THE GOVERNMENT
THE KABUPATEN/CITY PROVINCE AND GOVERNMENT
WITH THE GRACE OF THE ALMIGHTY GOD
MINISTER OF ENERGY AND MINERAL RESOURCES REPUBLIC OF INDONESIA,
Weighing: that to implement the provisions of Article 35 of the Government Regulation No. 55 of 2010 on Coaching and Oversight of the Organizing Efforts of the Mineral Mining and Coal, need to establish the Regulation of the Minister Energy and Mineral Resources on Surveillance Against the Staging Of Mining Efforts implemented by the Provincial Government and the Municipal Government/Kota;
Given: 1. Law No. 32 Year 2004 on Local Government (Indonesian Republic of Indonesia 2004 Number 125, Additional Gazette Republic of Indonesia Number 4437) as amended last by Act No. 12 of the Year 2008 (sheet State of the Republic of Indonesia 2008 No. 59, Additional Gazette of the Republic of Indonesia Number 4844);
2. Act No. 4 Year 2009 on Mineral Mining and Coal (State Of The Republic Of Indonesia 2009 Number 4, Additional Sheet Of State Republic Indonesia Number 4959);
3. Government Regulation No. 79 of 2005 on the Coaching And Supervision Guidelines of the Government of the Regions (sheet of State of the Republic of Indonesia in 2005 No. 165, Additional Gazette of the Republic of Indonesia Number 4593);
4. Government Regulation Number 38 Year 2007 on the Partition of Government Affairs between the Government, the Government of the Province of Propinsi, and the District/City Local Government (page of the Republic of Indonesia 2007 No. 82, Additional Sheet of State Republic of Indonesia No. 4737);
5. Government Regulation No. 22 Year 2010 on the Mining Area (State Sheet of Indonesia Year 2010 Number 4, Additional Gazette Republic of Indonesia Number 5110);
6. Government Regulation No. 23 Year 2010 on Implementation Of Mineral And Coal Mining Efforts (State Gazette 2010 No. 29, Additional Gazette Republic of Indonesia Number 5111) as amended with Government Regulation No. 24 of 2012 (State Gazette of the Republic of Indonesia in 2012 No. 45, Additional Gazette of the Republic of Indonesia Number 5282);
7. Government Regulation No. 55 of 2010 on Coaching And Supervision of the Hosting Of Mineral And Coal Mining Efforts (sheet Of State Of The Republic Of Indonesia Year 2010 Number 85, Additional Sheet Of State Republic Indonesia Number 5142);
8. Government Regulation No. 78 of 2010 on Reclamation and Pascatverge (Gazette of State of the Republic of Indonesia 2010 No. 85, Additional Gazette of the Republic of Indonesia Number 5172);
9. Presidential Decree Number 59 /P Year 2011 dated October 18, 2011;
Ten. 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 (State News Indonesia 2010 No. 552);
DECIDED:
establish: The regulation of the minister of energy and mineral resources on the oversight of the establishment of mining business management implemented by the provincial government and the Kabupaten/city government.
BAB I
UMUM CONDITIONS
Section 1
In this Minister ' s Rule, which is referred to:
1. Mining is a partial or whole stage of activities in the framework of research, stewardship, and mineral or coal-based enterprise which includes general inquiry, exploration, feasibility study, construction, mining, processing and purification, shipping and sales, as well as pascatverge activities.
2. Mining efforts are activities in the framework of mineral or coal-based enterprises which include stages of general inquiry, exploration, feasibility study, construction, mining, processing and refining, transport and sale, and -Pascatverge.
3. The subsequent Mining Area (WUP), is a part of WP that has had data availability, potential, and/or geological information.
4. The subsequent Mining Permit Area (WIUP), is the territory given to the Mining Permit Holder.
5. The next People ' s Mining Area (WPR), abbreviated as WPR, is part of the WP where the people's mining business is done.
6. Mining Effort, which is next abbreviated as IUP, is permission to carry out mining efforts.
7. The People 's Mining permit, which is next called IPR, is the permission to carry out mining efforts in the people' s mining area with a wide area of territory and limited investment.
8. IUP Exploration is an effort permit given to stage activities of general inquiry, ecploration, and feasibility studies.
9. IUP of Production Operations is the business permit granted after the completion of the IUP Ecploration to perform stages of production operation activities.
10.Ministers is the Minister who organizes government affairs in the fields of mineral and coal mining.
11. The Director General is the Director General who carries out the duties and is responsible for the formulation and implementation of technical policies and standardization in the fields of mineral and coal mining.
BAB II
THE SCOPE OF SUPERVISION
Section 2
(1) The Minister conducts oversight of the holding of mining efforts implemented by the provincial government and the county/city government in accordance with its authority.
(2) Surveillance as referred to in paragraph (1) includes supervision of:
a. WPR assignment;
B. assignment and awarding of mineral WIUP instead of metal and WIUP rocks;
c. awarding metal mineral WIUP and coal WIUP;
D. IPR issuer;
e. publishing IUP; and
f. the hosting of coaching and supervision of activities conducted by IUP and IUP holders.
(3) Implementation of supervision as referred to in paragraph (1) and paragraph (2) is conducted by the Director General.
(4) The Director General prior to conducting the supervision as referred to in paragraph (3), can coordinate with the Ministry of the Interior and/or other related agencies.
BAB III
SUPERVISION EXECUTION
The Kesatu section
WPR designation
Section 3
(1) The Director General conducts oversight of the adherents of the laws by the regent/mayor in the framework of WPR.
(2) The supervision in order of the WPR designation by the regent/mayor as referred to in paragraph (1) includes at least:
a. The WPR designation is done after coordinating with the provincial government and consulting with the district/kota; Regional People's Representative Council.
B. before coordinating with the provincial government and consultation with the Derah district/city House of Representatives, as indicated in the letter a must ensure WPR location:
1. enter the Mining Service Area as set forth in the district/city layout plan set out in the Regional Regulations;
2. has obtained the consent of the rights holder to the ground in accordance with the provisions of the laws of the law;
3. has used a mapping coordinate system with National Geodesy Datum which has the same parameters as the Ellipsoid World Geodetic Systemparameter;
4. has met the WPR designation criteria in accordance with the provisions of the rules of the legislation; and
5. Have been implemented the announcement of the WPR designation plan to the public at least at least in the location of the WPR location in accordance with the provisions of the laws.
Second Part
The designation and Giving of WIUP
Minerals Not Metal and WIUP Batuan
Section 4
(1) The Director General conducts oversight of the adherents of the laws by the governor and the regent/mayor in accordance with his authority in order of designation and granting of WIUP minerals instead of metals and WIUP rocks.
(2) Surveillance in order of designation and granting of the mineral WIUP instead of metal and WIUP rocks by the governor and regent/mayor as referred to in paragraph (1) includes at least:
a. processing of WIUP minerals instead of metal and WIUP rocks submitted by the business entity, cooperative, or individual can only be done in WUP minerals instead of metal or WUP rocks that have been established by the Minister or the governor in order deconcentrate in accordance with the provisions of the laws of the laws;
B. before processing the designation WIUP minerals instead of metal and WIUP rocks are required to ensure the map and coordinates of the region as referred to in the letter a:
1. does not overlap with the other IUP the same commodity its mine;
2. does not overlap with the administrative limit of the region beyond its authority;
3. has used a mapping coordinate system with the National Datum Geodesi that has the same parameters as the Ellipsoid World Geodetic Systemparameter;
4. has announced plans to set up WIUP minerals instead of metal and WIUP rocks to the community and there is no objection from the holder of the rights to the ground;
c. processing of the application of WIUP minerals instead of metal and WIUP rocks as referred to the case of a overlap with WIUP of metal minerals and/or coal WIUP can only be done after obtaining the recommendation of the Director General and obtaining consideration of the IUP holders of metal and/or IUP coal based on joint land utilization agreements;
D. the issuer of the approval decision or refusal of backup of the mineral WIUP instead of metal or WIUP rocks to the business entity, the cooperative, or the individual within a term of at least 10 (ten) days of work since the receipt of the WIUP request is complete. with regard to the terms referred to in the letter a, the letter b, and the letter c;
e. issuer of the WIUP backup fee payment warrant to the state coffers to the approved business entity, cooperatives, or individuals, as referred to in the letter d; and
f. Giving WIUP minerals instead of metal or WIUP rocks to the applicant WIUP as referred to in letter a after the WIUP applicant provides a sign of proof of the cost of backup of the region to the state coffers.
Third Part
WIUP the Metal Mineral WIUP and WIUP Batubara
Section 5
(1) The Director General conducts oversight of the adherents of the laws by the governor and the regent/mayor in accordance with his authority in order to grant the metal mineral WIUP and the coal WIUP.
(2) Surveillance in order to grant the mineral mineral WIUP and coal WIUP by the governor and regent/mayor as referred to in paragraph (1) includes at least:
a. publicly WIUP the metal mineral and WIUP coal which has been set by the Minister to be auctioned to the business entity, cooperatives, or individuals in the slowest term of 3 (three) months prior to the execution of the auction;
B. establishment of the auction committee WIUP the metal minerals and the coal WIUP;
c. implementation of the auction of the metal mineral WIUP and the coal WIUP according to the auction procedure; and
D. assignment assignment WIUP the metal mineral WIUP and the coal WIUP.
Fourth Quarter
IPR issuer
Section 6
(1) The Director General conducts oversight of the adherents of laws by the regent/mayor in the framework of IPR issuances.
(2) IPR publishing control in IPR publishing process by bupati/mayor as referred to paragraph (1) includes at least:
a. in IPR publishing of the WPR, have compiled a reclamation plan and a pascatverge plan for each WPR that has been established based on environmental documents in accordance with the provisions of the laws of the laws;
B. granting IPR primarily to local residents, either individuals or community or cooperative groups or cooperatives based on a letter of request that has met the administrative, technical, and financial requirements of the country. with the provisions of the laws.
c. Area wide publishing for 1 (one) IPR that can be provided to:
1. Most persons 1 (one) hectare;
2. The most public groups 5 (five) hectares; and/or
3. cooperatives at most 10 (ten) hectares.
D. the term of the IPR timeframe for at least 5 (five) years and may be extended; and
e. Reclamation plans and pascatverge plans for IPR holders based on approved environmental documents.
Fifth Part
IUP publishing
Paragraph 1
Publishing IUP Mineral Is Not Metal and IUP Batuan
Section 7
(1) The Director General conducts oversight of the adherents of the laws by the governor and the regent/mayor according to his authority in order to publish the mineral IUP instead of metal and IUP rocks.
(2) Surveillance in the order of publishing IUP minerals instead of metal and IUP rocks by the governor and the regent/mayor as referred to in paragraph (1) includes at least:
a. processing of the IUP application submitted by the business entity, the cooperative, or the individual;
B. publishing IUP Exploration and IUP Operations of mineral production instead of metals and rocks to the entities, cooperatives, and cooperatives whose application has met the administrative, technical, financial, and environmental requirements in accordance with the provisions of the IBM International Program. The laws of the law;
c. IUP publishing decision attachments as referred to in letter b include map attachments, coordinates, and broad WIUP based on the specified WIUP;
D. publishing IUP is only for 1 (one) mineral type not metal or rock; and
e. IUP publishing format is in accordance with the provisions of the laws.
Paragraph 2
Publishing IUP Mineral metals and IUP Batubara
Section 8
(1) The Director General conducts oversight of the adherents of the laws by the governor and the regent/mayor according to his authority in order to publish the IUP mineral metals and IUP coal.
(2) Surveillance in order of publishing IUP mineral metal and coal by the governor and regent/mayor as referred to in paragraph (1) includes at least:
a. processing of IUP applications submitted by auction winner WIUP the metal or coal mineral;
B. publishing IUP to the auction winner WIUP the metal or coal minerals whose appeal has met the administrative, technical, environmental, and financial requirements in accordance with the provisions of the laws of the laws;
c. The IUP publishing decision attachment on the letter b includes map attachments, coordinates, and broad WIUP in accordance with the WIUP auction results;
D. publishing IUP is only for 1 (one) metal mineral or coal type; and
e. IUP publishing format is in accordance with the provisions of the laws.
Sixth Part
Hosting and Monitoring Activities by IPR Holder and IUP
Section 9
(1) The Director General conducts oversight of the adherents of the laws by the governor and the regent/mayor in accordance with his authority in order to host the coaching and supervision of mining business activities the minerals and coal done by the IUP and IUP holders.
(2) Oversight as referred to in paragraph (1) includes the provisions of the provisions of the laws by the governor and the regent/mayor in accordance with its authority for:
a. lifting the functional officials of the Mine Inspector; and
B. designate the Supervising Officer,
was commissioned to conduct surveillance of mineral and coal mining efforts conducted by IUP and IUP holders.
(3) The supervision of the functional official Inspector Mine as referred to in paragraph (2) of the letter a, at least include:
a. mining technical, among other things:
1. The technical execution of exploration;
2. calculation of resources and reserves;
3. The planning and execution of construction including testing of mining tools (commissioning);
4. planning and execution of mining;
5. The planning and execution of processing and purification;
6. The following are the following:
B. the conservation of mineral and coal resources, among others:
1. recovery mining and processing;
2. management and/or marginal reserve utilization;
3. management and/or utilization of low-quality coal and low-level minerals;
4. management and/or utilization of ictant minerals;
5. Resource database as well as unmined mineral and coal reserves; and
6. Service and maintenance of the remainder of the processing and purification results.
c. safety and mining work health, among other things:
1. Work safety;
2. Work health;
3. Work environment; and
4. Work health and safety management system.
D. safety of mining operations, among other things:
1. system and implementation of maintenance/maintenance of means, infrastructure, installation, and mining equipment;
2. installation security;
3. The feasibility of the means, installation infrastructure, and mining equipment;
4. Engineering power competence; and
5. Evaluation of reports of technical studies of mining.
e. living environment management, reclamation, and pascatverge, among others:
1. Environmental monitoring and monitoring in accordance with the environment management documents or proprietary environmental permits and have been approved;
2. Arranging, recovery, and land improvement in accordance with the following;
3. The designation and recution of the reclaimed guarantee;
4. Pascatverge management;
5. The designation and thawing of a pascatverge guarantee; and
6. The Program may be used for use in the Program.
f. control, development, and the application of mineral and coal mining technologies.
(4) The supervision of the Supervising Officer as referred to in paragraph (2) of the letter b, at least includes:
a. marketing, among other things:
1. The realization of production and the realization of sales including quality and quantity as well as mineral and coal prices;
2. obligations of the fulfilment of mineral or coal needs for the domestic benefit;
3. plan and realization contract of mineral or coal sales;
4. The cost of the sale issued;
5. The planning and realization of state acceptance is not a tax; and
6. The cost of processing and refining minerals and/or coal.
B. Finance, among other things:
1. Budget planning;
2. Budget realization;
3. The realization of investment; and
4. The fulfilment of payment obligations.
c. The management of mineral and coal data among others includes supervision of acquisition activities, administration, processing, structuring, storage, maintenance, and extermination of data and/or information;
D. The use of goods, services, technology, and engineering, and design, and design, are conducted against the implementation of goods, services, technology, and engineering and design capabilities.
e. development of mining technical workforce, among others:
1. implementation of the development program;
2. The execution of the competency test; and
3. The development cost plan.
f. the development and empowerment of local communities, among others:
1. Community development and empowerment programs;
2. implementation of community development and empowerment; and
3. The cost of development and empowerment of the community.
G. other activities in the field of mining business activities that concern common interests, among others:
1. General facility built by IUP holders to the community around the mine; and
2. The financing for the construction or provision of the public facilities as referred to at number 1.
h. implementation of activities in accordance with IUP or IPR, among others:
1. Area area;
2. mining location;
3. The location of processing and purification;
4. term of activity stage;
5. settlement of the dispute problem;
6. settlement of disputes; and
7. mastery, development, and the application of mineral and coal mining technologies.
i. number, type, and quality of mining efforts, among others:
1. type of commodity mine;
2. The quantity and quality of production for each mining location;
3. The quantity and quality of washing and/or processing and purification; and
4. Temporal temporary stockpile (run of mine), stockpile (stock pile), and submission point (at sale points).
BAB IV
FOLLOW UP SURVEILLANCE RESULTS
Section 10
(1) The results of the supervision conducted by the Director General as referred to in Article 2 are delivered to the governor or the regent/mayor according to his authority and his envoy is delivered to the Ministry of the Interior And/or related agencies.
(2) The governor or regent/mayor in accordance with his authority is obliged to follow up on the supervision results as referred to in paragraph (1).
(3) The Director-General with the Ministry of the Interior and/or related agencies conducting the monitoring of the implementation of the surveillance results as referred to in paragraph (2) in accordance with regulatory provisions It's
BAB V
TRANSITION PROVISIONS
Section 11
At the time the Minister ' s Ordinance came into effect:
a. The supervision that the Director General has conducted through evaluation and verification in the IUP and IPR reconciliation nationwide against licensing issuance in form:
1. Mining Power, Regional Mining License and People's Mining License issued prior to the enactment of Law No. 4 of 2009 by the governor and/or the mayor/mayor in accordance with his authority including the process of adjustment into IUP and IPR;
2. IUP issued by the governor and/or bupati/mayor according to his authority based on the request of the Mining Power which has been received by the governor or the regent/mayor and has obtained the reserve of the region before its publication Act No. 4 of the Year 2009,
is declared to be valid.
b. The outcome of supervision by the Director General as referred to in the letter a Clear and Clean status and the Clear and Clean certificate issuer is stated to remain in effect.
c. Against IUP and IPR that are still in the evaluation and verification process as referred to in the letter a to obtain the Clear and Clean status and the Clear and Clean certificate is processed under the administrative, technical requirements, environment, and financially and in accordance with Clear and Clean standard operational procedures.
BAB VI
CLOSING PROVISIONS
Section 12
The Regulation of the Minister comes into effect on the date of the promulctest.
For each person to know it, order the invitation of the Order of the Minister with its placement in the News of the Republic of Indonesia.
Specified in Jakarta
on January 11, 2013
MINISTER OF ENERGY AND MINERAL RESOURCES
REPUBLIC OF INDONESIA,
JERO WACIK
It is promulred in Jakarta
on 11 January 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
