MINISTRY OF ENERGY AND MINERAL RESOURCES DECREE NO: 266.K/MB.01/MEM.B/2022
Article 62A of Law No 3 of 2020 (“Mining Law”) and Article 140 of Government Regulation No. 96 of 2021 concerning the Implementation of Mineral and Coal Mining Business Activities (“GR 96/2021”) allow the possibility of expansion of Mining Business License Area/Wilayah Izin Usaha Pertambangan (“WIUP”) and Special Mining Business License Area/Wilayah Izin Usaha Pertambangan Khusus (“WIUPK”). However, the possible expansion could not be implemented due to the lack of the derivative regulation concerning the guideline for expansion. After the long-awaited finally the derivative regulation has been issued by Ministry of Energy and Mineral Resources (“MEMR”) under MEMR Decree No. 266.K/MB.01/MEM.B/2022 concerning The Guidelines for Application, Evaluation and Processing to The Expansion of Mining Business License Area And Special Mining Business License Area In The Framework Of Mineral And Coal Conservation (“MEMR Decree 266/2022”).
MEMR Decree 266/2022 is the paramount of the expansion of WIUP/WIUPK. Under the MEMR Decree 266/2022, the procedures, requirements, limitations are detailly regulated. The MEMR Decree 266/2022 is also governed the flowchart of application and the content of work plan (which will be explained below). Below are the key takeaways from MEMR Decree 266/2022:
1. Prior to applying for WIUP/WIUPK expansion, the applicant should obtain an approval of WIUP/WIUPK expansion work plan in advance from Directorate General of Mineral and Coal (“DGMC”). Such application is done under the first come first served principle provided that the application has satisfies all of the requirements.
2. Application on WIUP/WIUPK itself has to satisfy the following requirements:
3. In addition to the above requirements, the applicant has to take into account several provisions including:
4. Also, it is important to note that all submissions on the WIUP/WIUPK expansion that have been lodged prior to the effectiveness of this decree, shall be re-submitted in accordance with those requirements.
Wed, Nov 9th 2022, 10:45
Armila & Rako is pleased to announce Hermanto as the firm's new partner.
Mon, Oct 10th 2022, 13:09
This article will highlight several provision on Permenkes 24/2022 regarding the Medical Records which has been issued by The Minister of Health of the Republic of Indonesia.
Wed, Oct 5th 2022, 18:10
Our team Maichle Delpiero summarizes Indonesian carbon pricing system and its regulation based on Presidential Regulation 98/2021.
Wed, Sep 14th 2022, 11:20
Andersen Global strengthens its presence in Indonesia through a Collaboration Agreement with full-service law firm Armila & Rako.
Thu, Aug 18th 2022, 21:02
Armila & Rako commits to make a meaningful contribution to society and the environment. Through A&R Peduli Program, we participated in Aksi Bersih Pantai event in Temajuk, West Kalimantan.