Licensing Framework For Mineral And Coal Mining – Mining

Generally

Mining is defined as a part or all of the stages
of activities in the framework, management and exploitation of
minerals or coal that include general
investigations, exploration, feasibility studies, construction,
mining, processing, refining, development, utilization,
transportation and sales, as well as post-mining activities.
(Article 1(1) of Law No. 3 of 2020 concerning Amendment to Law No.
4 of 2009 concerning Mineral and Coal Mining (“Law
3/2020 amending Law 4/2009 on Mineral and Coal
Mining
“).

The Mining Business is defined as activities in
the framework of mineral and coal exploitation that include the
stages of activities of general investigations, exploration,
feasibility studies, construction, mining, processing, refining,
development, utilization, transportation and sales, as well as
post-mining activities. (Article 1(6) of Law 3/2020 amending Law
4/2009 on Mineral and Coal Mining).

All Mining Business activities require licenses. The kind of
license required is dependent on the intended Mining activities and
whether Coal or Minerals will be mined. Different kinds of Minerals
also require different kinds of licenses. But, all Mining Business
licenses fall under the main category of Mining Business Licenses
(Izin Usaha Pertambangan), commonly referred to as IUP. (Article
1(7) of Law 3/2020 amending Law 4/2009 on Mineral and Coal
Mining).

Some definitions will be helpful.

Mining Business License (Izin Usaha
Pertambangan – IUP
) is a license to conduct Mining
Business activities. (Article 1(7) of Law 3/2020 amending Law
4/2009 on Mineral and Coal Mining).

Special Mining Business Licenses (Izin
Usaha Pertambangan Khusus – IUPK
) is a license to
conduct Mining Business activities in special Mining Business
permit areas. (Article 1(11) of Law 3/2020 amending Law 4/2009 on
Mineral and Coal Mining).

Rock Mining License Document (Surat
Izin Penambangan Batuan – SIPB
) is a license to
conduct certain kinds of rock Mining Business activities or for
certain requirements. (Article 1(13a) of Law 3/2020 amending Law
4/2009 on Mineral and Coal Mining).

Special Mining Business Licenses for Continuation of
Operations Contract/Agreement
(IUPK sebagai
Kelanjutan Operasi Kontrak/Perjanjian
) is a licenses that
is granted as an extension after the completion of the
implementation of a Contract of Work or a Coal Mining Business Work
Agreement. (Article 1(13b) of Law 3/2020 amending Law 4/2009 on
Mineral and Coal Mining).

Transport and Sales License (Izin
Pengangkutan dan Penjualan
) is a license that is granted
to companies to purchase, transport and sell mineral and coal
Mining commodities. (Article 1(13c) of Law 3/2020 amending Law
4/2009 on Mineral and Coal Mining).

Mining Services Business License (Izin
Usaha Jasa Pertambangan – IUJP
) is a license that is
granted to conduct core mining services business activities that
are related to all of the stages and/or parts of Mining Business.
(Article 1(13d) of Law 3/2020 amending Law 4/2009 on Mineral and
Coal Mining).

Government Control

Control over Mineral and Coal resources is managed by the Central
Government. (Article 4(1) of Law 3/2020 amending Law 4/2009 on
Mineral and Coal Mining). The Central Government is controlled by
the President who is assisted by the Vice President and the
Ministers. (Article 1(36) of Law 3/2020 amending Law 4/2009 on
Mineral and Coal Mining). The Central Government is the heart of
Mining licensing. Its power is broad.

In the licensing domain, the powers of the Central Government
touching on Mining Business licenses of course include granting
licenses. However, a lot goes into determining which licenses to
grant. To make these determinations, the Central Government
stipulates a broad foundation of related matters including national
Mineral and Coal management plans, policies, standards, guidelines
and criteria; supervision, production, marketing, exploitation and
conservation, geological and Mining data management, the national
Mineral and Coal resources balance sheet, benchmark pricing for
metals, certain non-metal Minerals, radioactive Minerals and Coal,
and, among other things, the all-important investment value
limitations and total share percentage ownership limits and
divestment requirements for foreign capital. (Article 6 of Law
3/2020 amending Law 4/2009 on Mineral and Coal Mining).

All of the foregoing elements go into the stipulation of the
national Mineral and Coal Management Plan prepared by the Minister
every 5 (five) years. (Article 8A of Law 3/2020 amending Law 4/2009
on Mineral and Coal Mining). This plan takes into account natural
resource and environmental matters, spatial management, zoning,
scientific and technological developments, economic conditions, the
size of available Mining Territories and infrastructure; and must
also take into consideration the national and regional development
plans. (Article 8A(2) and (3) of Law 3/2020 amending Law 4/2009 on
Mineral and Coal Mining).

Mining Territories

The entire territory of Indonesia isn’t open to mining at any
given time. Rather, the Central Government determines available
Mining Territories in coordination with Regional Governments in
consultation with the House of Representatives (Dewan Perwakilan
Rakyat – DPR). (Articles 6(f) and 9 of Law 3/2020 amending
Law 4/2009 on Mineral and Coal Mining).

A few additional definitions concerning Mining Territories will
be useful at this point.

Mining Territories (Wilayah Pertambangan – WP) are defined as
territories that possess Mineral and/or Coal potential. These
Mining Territories transcend the governmental administrative
borders that constitute the national spatial layout. (Article 1(29)
of Law 3/2020 amending Law 4/2009 on Mineral and Coal
Mining).

Mining Territories consist of the following subgroups (Article 10
of Law 3/2020 amending Law 4/2009 on Mineral and Coal Mining):

Mining Business Territories (Wilayah
Usaha Pertambangan – WUP
) are parts of the Mining
Territories that already possess available data, information
concerning Mining potential and/or geological information. (Article
1(30) of Law 3/2020 amending Law 4/2009 on Mineral and Coal
Mining). Each WUP consists of one or several Mining Business
License Territories that may lie across provinces, districts and
cities and/or within a single province, district or city. (Article
16 of Law No. 4/2009 on Mineral and Coal Mining).

Mining Business License Territories
(Wilayah Izin Usaha Pertambangan – WIUP) are
territories that are granted to holders of Mining Business Licenses
(IUP) or holders of Rock Mining License Documents (Surat Izin
Penambangan Batuan – SIPB). (Article I, Point 1, Article
1(31) of Law 3/2020 amending Law 4/2009 on Mineral and Coal
Mining).

Community Mining Territories (Wilayah Pertambangan Rakyat –
WPR) are parts of the Mining Territories designated as places to
conduct community Mining Business activities. (Article I, Point 1,
Article 1(32) of Law 3/2020 amending Law 4/2009 on Mineral and Coal
Mining).

State Reserve Territories (Wilayah
Pencadangan Negara – WPN
) are parts of the Mining
Territories that are reserved for strategic national interests.
(Article I, Point 1, Article 1(33) of Law 3/2020 amending Law
4/2009 on Mineral and Coal Mining).

Special Mining Business Territories
(Wilayah Usaha Pertambangan Khusus – WUPK)
are territories that already possess available data, information
concerning Mining potential and/or geological information that can
be utilized for strategic national interests. (Article I, Point 1,
Article 1(34) of Law 3/2020 amending Law 4/2009 on Mineral and Coal
Mining).

The Central Government, through the Minister, is required to
designate Mining Territories in a transparent, participative,
responsible and integrated manner taking into consideration
relevant governmental agencies, impacted communities, ecology, the
environment, economics, human rights and social culture. (Article
I, Points 10 and 11, Articles 10 and 11 of Law 3/2020 amending Law
4/2009 on Mineral and Coal Mining).

Size of a Mining Business License Territory –
WIUP


The size of a Mining Business License Territory (WIUP) for metal
Minerals and Coal is stipulated by the Minister after being
determined by the governor of the relevant territory; while
territories at sea are stipulated through coordination between the
Minister and other relevant government agencies. (Article 17(1) and
(2) of Law 3/2020 amending Law 4/2009 on Mineral and Coal Mining).
Considerations include available reserves, national production
capacity and domestic demand. (Article 17(3) and (4) of Law 3/2020
amending Law 4/2009 on Mineral and Coal Mining).

Business Licenses for Commercial Mining
Businesses


For businesses desiring to engage in commercial Mining Business
activities, one of the licenses from among the following categories
of Mining Business Licenses (Izin Usaha Pertambangan-IUP) must be
obtained. Those categories, as mentioned above, include the
following potential licenses:

  • Special Mining Business License (Izin
    Usaha Pertambangan Khusus – IUPK
    )

  • Rock Mining License Document (Surat
    Izin Penambangan Batuan – SIPB
    )

  • Special Mining Business License for Continuation of
    Operations Contract/Agreement
    (IUPK sebagai
    Kelanjutan Operasi Kontrak/Perjanjian
    )

  • Transport and Sales License (Izin
    Pengangkutan dan Penjualan
    )

  • Mining Services Business License (Izin
    Usaha Jasa Pertambangan – IUJP
    )

Categories of Mining Businesses

Next we come to the categorization of the different kinds of
Mining. Broadly speaking, Mining Business is divided between
Mineral Mining and Coal Mining. (Article 34 of Law No. 4/2009 on
Mineral and Coal Mining). Mineral Mining is further divided into
radioactive Mineral Mining, metal Mineral Mining, non-metal Mineral
Mining and rock Mining. (Article 34(1) and (2) of Law No. 4/2009 on
Mineral and Coal Mining).

All of the aforementioned Mining Business activities are
implemented on the basis of Business Licenses issued by the Central
Government. (Article 35(1) of Law 3/2020 amending Law 4/2009 on
Mineral and Coal Mining).

Business Licenses are granted through the grant of primary business
numbers (nomor induk berusaha – NIB), standard certificates
and/or licenses consisting of Mining Business Licenses (Izin Usaha
Pertambangan – IUP), Special Mining Business License (Izin
Usaha Pertambangan Khusus – IUPK), Special Mining Business
License for Continuation of Operations Contract/Agreement (IUPK
sebagai Kelanjutan Operasi Kontrak/Perjanjian), Rock Mining License
Document (Surat Izin Penambangan Batuan – SIPB), Transport
and Sales License (Izin Pengangkutan dan Penjualan), Mining
Services Business License (Izin Usaha Jasa Pertambangan –
IUJP) and Mining Business Licenses for Sales (Izin Usaha
Pertambangan untuk Penjualan). (Article 35 of Law 3/2020 amending
Law 4/2009 on Mineral and Coal Mining). And, the Central Government
has the authority to delegate the issuance of Business Licenses to
provincial Regional Governments. (Article 35(4) of Law 3/2020
amending Law 4/2009 on Mineral and Coal Mining).

Mining Business Licenses – IUP

Mining Business Licenses (Izin Usaha Pertambangan – IUP)
themselves are further subcategorized into IUP Exploration and IUP
Operation Production. (Article 36(1) of Law 3/2020 amending Law
4/2009 on Mineral and Coal Mining).

IUP Exloration (IUP
Eksplorasi
) cover activities of general investigation,
exploration and feasibility studies.

IUP Operation Production (IUP Operasi
Produksi
) include activities of construction, Mining,
processing, refining, development, utilization, transportation and
sales. (Article 36(1) of Law 3/2020 amending Law 4/2009 on Mineral
and Coal Mining).

Holders of IUP are entitled to engage in a part or all Mining
Business activities in accordance with the provisions of
regulations of law in effect. (Article 36(2) of Law 3/2020 amending
Law 4/2009 on Mineral and Coal Mining). However, holders of IUP are
required to utilize contractors holding Mining Services Business
Licenses (Izin Usaha Jasa Pertambangan – IUJP) for most core
Mining Business activities. Please see our article entitled
“Mining Services Business” for further details on these
requirements.

Those with capacity to obtain IUP include business entities,
cooperatives and sole proprietorships or partnerships. (Article 38
of Law 3/2020 amending Law 4/2009 on Mineral and Coal Mining).

The contents of an IUP is quite detailed. Here is a list of the
mandatory elements of every IUP:

  • the company profile of the IUP holder

  • the location and size of the territory

  • the kinds of commodities to be mined

  • the obligation to submit a guarantee to conduct serious
    exploration efforts

  • working capital requirements

  • the term of validity of the IUP

  • the rights and obligations of the IUP holder

  • provisions concerning the extension of the term of the IUP

  • the obligation to settle land rights

  • the obligation to pay state and regional revenue including
    fixed royalties and production royalties

  • reclamation and post Mining obligations

  • the obligation to compile environmental documentation; and

  • the obligation to engage in development of the community in the
    vicinity of the WIUP

(Article 39 of Law 3/2020 amending Law 4/2009 on Mineral and
Coal Mining).

While an IUP can only be granted for 1 (one) kind of Mineral, or
for Coal, IUP holders are permitted to hold multiple IUP if the
holder is either a State-owned enterprise or the holder of an IUP
is licensed to Mine non-metal Minerals or rocks, or if an IUP
holder finds other minable commodities in their WIUP. (Article 40
of Law 3/2020 amending Law 4/2009 on Mineral and Coal Mining).
However, if an IUP holder finds other minable commodities in their
WIUP and does not want to mine them, the Minister is permitted to
grant an IUP to another party. (Article 40(7) of Law 3/2020
amending Law 4/2009 on Mineral and Coal Mining).

IUP Exploration terms are as follows:

  • 8 (eight) years for metal Minerals

  • 3 (three) years for non-metal Minerals

  • 7 (seven) years for certain specified non-metal Minerals

  • 3 (three) years for rock

  • 7 (seven) years for Coal

(Article 42 of Law 3/2020 amending Law 4/2009 on Mineral and
Coal Mining).

IUP Exploration can be extended for additional 1 (one) year
terms every time an extension is applied for provided all
conditions have been met. (Article 42A of Law 3/2020 amending Law
4/2009 on Mineral and Coal Mining).

The law also provides that the holder of an IUP Exploration is
guaranteed the right to continue its Mining activities into the
phase of operations and production provided the IUP Exploration
holder is able to fulfill all administration, technical,
environmental and financial conditions. (Article 46 of Law 3/2020
amending Law 4/2009 on Mineral and Coal Mining).

IUP Operation Production terms are as follows:

  • 20 (twenty) years with 2 (two) guaranteed term extensions of 10
    (ten) years each for metal Minerals

  • 10 (ten) years with 2 (two) guaranteed term extensions of 5
    (five) years each for non-metal Minerals

  • 20 (twenty) years with 2 (two) guaranteed term extensions of 10
    (ten) years each for certain specified non-metal Minerals

  • 10 (ten) years with 2 (two) guaranteed term extensions of 5
    (five) years each for rock

  • 20 (twenty) years with 2 (two) guaranteed term extensions of 10
    (ten) years each for Coal

  • 30 (thirty) years with 2 (two) guaranteed term extensions of 10
    (ten) years each for metal Minerals integrated with processing
    and/or refining facilities

  • 30 (thirty) years with 2 (two) guaranteed term extensions of 10
    (ten) years each for Coal integrated with development and/or
    exploitation activities.

(Article 47 of Law 3/2020 amending Law 4/2009 on Mineral and
Coal Mining).

WIUP for metal Minerals and Coal are are granted through the
auction process. (Articles 51 and 60 of Law 3/2020 amending Law
4/2009 on Mineral and Coal Mining).

WIUP for non-metal Minerals and rock is granted through
application to the Minister. (Articles 54 and 57 of Law 3/2020
amending Law 4/2009 on Mineral and Coal Mining).

Mineral and Coal IUP Operation Production holders are permitted
to apply to the Minister for expansion of the boundaries of their
WIUP for purposes of optimalization and efficiency in the
exploitation of reserves. (Article 62A of Law 3/2020 amending Law
4/2009 on Mineral and Coal Mining).

Special Mining Business Licenses –
IUPK


IUPK are granted by the Minister for 1 (one) kind of metal Mineral
or Coal in 1 (one) WIUPK. (Article 74 of Law 4/2009 on Mineral and
Coal Mining). IUPK holders are granted priority rights to mine
other Minerals they discover in their WIUPK. (Article 74 of Law
4/2009 on Mineral and Coal Mining). However, if an IUPK holder
finds other minable commodities in their WIUPK and does not want to
mine them, the Minister is permitted to grant an IUP to another
party. (Article 74 of Law 4/2009 on Mineral and Coal Mining).

Those with capacity to obtain IUPK include business entities who
are legal entities, including State-owned enterprises, region-owned
enterprises, and private business entities. (Article 75(1) of Law
4/2009 on Mineral and Coal Mining). However, State-owned
enterprises and region-owned enterprises are given priority.
(Article 75(3) of Law 4/2009 on Mineral and Coal Mining).

While IUPK can be granted to private businesses, State-owned and
region-owned entities are granted priority. (Article 75 of Law
3/2020 amending Law 4/2009 on Mineral and Coal Mining).

IUPK are granted to private businesses through auctions of
WIUPK. (Article 75(4) of Law 4/2009 on Mineral and Coal
Mining).

Holders of IUPK are required to utilize contractors holding
Mining Services Business Licenses (Izin Usaha Jasa Pertambangan
– IUJP) for most core Mining Business activities. Please see
our article entitled “Mining Services Business” for
further details on these requirements.

It should be noted that holders of IUPK can be granted licenses
to conduct Mining Business activities in Special Mining Business
Territories (Wilayah Usaha Pertambangan Khusus – WIUPK).
(Article 29 of Law No. 4/2009 on Mineral and Coal Mining).

IUPK are further subcategorized into IUPK Exploration and IUPK
Operation Production. (Article 76 of Law 4/2009 on Mineral and Coal
Mining).

IUPK Exploration (IUPK
Eksplorasi
) cover activities of general investigation,
exploration and feasibility studies. (Article 74(1) of Law 3/2020
amending Law 4/2009 on Mineral and Coal Mining).

IUPK Operation Production (IUPK Operasi
Produksi
) include activities of construction, Mining,
processing, refining, development, utilization, transportation and
sales. (Article 74(1) of Law 4/2009 on Mineral and Coal
Mining).

Holders of IUPK are entitled to engage in a part or all Mining
Business activities. (Article 74(2) of Law 4/2009 on Mineral and
Coal Mining).

The law also provides that the holder of an IUPK Exploration is
guaranteed the right to continue its Mining activities into the
phase of operations and production provided the IUPK Exploration
holder already possesses data resulting from a feasibility study.
(Article 77 of Law 4/2009 on Mineral and Coal Mining).

The contents of an IUPK Exploration is quite detailed. Here is a
list of the mandatory elements of every IUPK:

  • the name of the IUP holder

  • the location and size of the territory

  • a general spatial plan

  • a guarantee of seriousness/commitment

  • capital investment

  • provisions concerning the extension of the term of the IUP

  • the kinds of activities permitted

  • the plan for development of the community in the vicinity of
    the WIUPK

  • tax obligations

  • the obligation to settle land rights

  • the obligation to pay fixed contributions and exploration
    contributions

  • Environmental Impact Management Analysis (Analisis Manajemen
    Dampak Lingkungan – AMDAL)

(Article 78 of Law 4/2009 on Mineral and Coal Mining).

The contents of an IUPK Operation Production is also quite
detailed. Here is a list of the mandatory elements of every
IUPK:

  • the name of the IUP holder

  • the size of the territory

  • the mine location

  • the location of processing and refining facilities

  • transportation and sales provisions

  • investment capital

  • the term of the stage of activities

  • the obligation to settle land rights

  • environmental matters including reclamation and post Mining
    requirements

  • financial guarantee requirements for reclamation and post
    Mining requirements

  • the term of the IUPK

  • extensions of the IUPK term

  • other rights and responsibilities

  • matters relating to development of the community in the
    vicinity of the WIUPK

  • tax obligations

  • the obligation to pay royalties contributions and production
    royalties as well as state/regional revenues that consist of a
    profit share from the net benefits of production

  • provisions concerning the resolution of disputes

  • work health and safety

  • conservation of Minerals and Coal

  • obligations to utilize domestic goods, services, technology as
    well as engineering capabilities and building designs

  • the obligation to apply good economic and engineering Mining
    principles

  • the obligation to develop Indonesian human resources

  • Mineral and Coal data management

  • the application of principles of good economic and technical
    Mining principles

  • the obligation to divest shares

(Article 79 of Law 4/2009 on Mineral and Coal Mining).

IUPK Exploration terms are as follows:

  • 8 (eight) years for metal Minerals

  • 7 (seven) years for Coal

(Article 83 of Law 4/2009 on Mineral and Coal Mining).

IUPK Exploration can be extended for 1 (one) year every time an
extension is applied for provided all conditions have been met.
(Article 83A of Law 3/2020 amending Law 4/2009 on Mineral and Coal
Mining).

IUPK Operation Production terms are as follows:

  • 20 (twenty) years with 2 (two) guaranteed term extensions of 10
    (ten) years each for metal Minerals

  • 20 (twenty) years with 2 (two) guaranteed term extensions of 10
    (ten) years each for Coal

  • 30 (thirty) years with 2 (two) guaranteed term extensions of 10
    (ten) years each for metal Minerals integrated with processing
    and/or refining facilities

  • 30 (thirty) years with 2 (two) guaranteed term extensions of 10
    (ten) years each for Coal integrated with development and/or
    exploitation activities.

(Article 83 of Law 3/2020 amending Law 4/2009 on Mineral and
Coal Mining).

Mineral and Coal IUPK Operation Production holders are permitted
to apply to the Minister for expansion of the boundaries of their
WIUPK for purposes of optimalization and efficiency in the
exploitation of reserves. (Article 83B of Law 3/2020 amending Law
4/2009 on Mineral and Coal Mining).

IUPK are granted by the Minister for 1 (one) kind of metal
Mineral or Coal in 1 (one) WIUPK. (Article 74 of Law 4/2009 on
Mineral and Coal Mining). IUPK holders are granted priority rights
to mine other Minerals they discover in their WIUPK. (Article 74 of
Law 4/2009 on Mineral and Coal Mining). However, if an IUPK holder
finds other minable commodities in their WIUPK and does not want to
mine them, the Minister is permitted to grant an IUP to another
party. (Article 74 of Law 4/2009 on Mineral and Coal Mining).

While IUPK can be granted to private businesses, State-owned and
region-owned entities are granted priority. (Article 75 of Law
3/2020 amending Law 4/2009 on Mineral and Coal Mining).

IUPK are granted to private businesses through auctions of
WIUPK. (Article 75(4) of Law 4/2009 on Mineral and Coal
Mining).

Rock Mining License Document – SIPB

SIPB are granted for certain kinds of rock mining business
activities for certain requirements. (Article 86(A)1 of Law 3/2020
amending Law 4/2009 on Mineral and Coal Mining).

SIPB can be granted to State-owned enterprises, region-owned
enterprises, private domestic capital investment companies,
cooperatives and sole proprietorships and partnerships based on
applications that fulfill administrative, technical, environmental
and financial requirements. (Article 86A(2) and (4) of Law 3/2020
amending Law 4/2009 on Mineral and Coal Mining).

The holder of an SIPB is permitted to engage in planning,
Mining, processing, transportation and sales activities as soon as
the holder is in possession of Mining plan documents. (Article
86A(6) and (7) of Law 3/2020 amending Law 4/2009 on Mineral and
Coal Mining). Mining plan documents include technical documents
that at least include information concerning reserves and a mine
plan. (Article 86A(8) of Law 3/2020 amending Law 4/2009 on Mineral
and Coal Mining).

The contents of a SIPB include:

  • the name of the SIPB holder

  • the holder’s primary tax obligor number (nomor pokok wajib
    pajak – NIB)

  • the location and size of the territory

  • working capital

  • the kind of commodity to be mined

  • the rights and responsibilities of the SIPB holder

(Article 86B of Law 3/2020 amending Law 4/2009 on Mineral and
Coal Mining).

Mining Business Licenses for Sales

Business entities who are not engaged in the Mining Business but
who sell mined Minerals and/or Coal are required to have IUP untuk
Penjualan. (Article 105 of Law 3/2020 amending Law 4/2009 on
Mineral and Coal Mining). These permits are granted for 1 (one)
individual sale only. (Article 105(2) of Law 3/2020 amending Law
4/2009 on Mineral and Coal Mining).

Transfers of Licenses and Shares

IUP and IUPK are not transferrable without the approval of the
Minister; and then only after exploration activities are completed.
(Article 93 of Law 3/2020 amending Law 4/2009 on Mineral and Coal
Mining).

IUP and IUPK holders are also not permitted to transfer their
shares in the holding company without the approval of the Minister;
and then only after exploration activities are completed. (Article
93A of Law 3/2020 amending Law 4/2009 on Mineral and Coal
Mining).

Securitization of IUP, IUPK and Mined
Commodities


The law prohibits the securitization of IUP, IUPK and mined
commodities to other parties. (Article 93C of Law 3/2020 amending
Law 4/2009 on Mineral and Coal Mining).

Guarantees

Article 17A of Law 3/2020 amending Law 4/2009 on Mineral and Coal
Mining provides interesting and valuable guarantees, at least in
principle. The law provides that the Central Government and the
Regional Government guarantee that there will be no changes to the
spatial and area benefits granted to the holder of a particular
WIUP; and that all other related and necessary licenses will be
issued in the framework of implementation of Mining Activities in a
Mining Business License Territory for metal Minerals and Coal
(provided that all conditions stipulated in relevant regulations of
law in effect are fulfilled). (Article 17A(2) and (3) of Law 3/2020
amending Law 4/2009 on Mineral and Coal Mining).

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

#Licensing #Framework #Mineral #Coal #Mining #Mining

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