Regulation of the Minister of Energy and Mineral Resources of the … · 2018-11-08 · Government...

Regulation of the Minister of Energy and Mineral Resources of the R.I.

Number 07 Year 2014

Concerning

Reclamation and Postmining in

Mineral and Coal Mining Business Undertaking

By The Grace of the One God Almighty

The Minister of Energy and Mineral Resources of the R.I.,

Considering: that to implement the provision of Article 9, Article 12, Article 15, Article 18, Article

28, Article 36, Article 43, Article 49 and Article 51 of government Regulation No.78 Year 2010

concerning Reclamation and Postmining in Mineral and Coal Mining Business Undertaking, it is

deemed necessary to establish the Regulation of the Minister of Energy and Mineral Resources

concerning Reclamation and Postmining in Mineral and Coal Mining Business Undertaking;

In view of: 1. Law No.4 Year 2009 concerning Mineral and Coal Mining (State Gazette of the RI of

2009 No.4, State Gazette Supplement of the RI No.4959);

2. Law No 32 Year 2009 concerning Environmental Protection and Management (State

Gazette of the RI of 2009 No.140, State Gazette Supplement of the RI No.5059);

3. Government Regulation No.38 Year 2007 concerning the Sharing of Governance Affairs

between the Government, Regional Provincial Government, and Regional Regency/City

Government (State Gazette of the RI of 2007 No.82, State Gazette Supplement of the RI No.4737);

4. Government Regulation No.76 Year 2008 concerning Forest Rehabilitation and

Reclamation (State Gazette of the RI of 2008 No.201, State Gazette Supplement of the RI No.4947);

5. Government Regulation No.23 Year 2010 concerning the Implementation of Mineral and

Coal Mining Business Undertaking (State Gazette of the RI of 2010 No.29, State Gazette

Supplement of the RI No.5111) as twice amended lastly with Government Regulation No.1 Year

2014 (State Gazette of the RI of 2014 No.1, State Gazette Supplement of the RI No.5489);

6. Government Regulation No.55 Year 2010 concerning Nurturing and Supervision in

Implementing the Management of Mineral and Coal Mining Business (State Gazette of the RI of

2010 No.138, State Gazette Supplement of the RI No.5142);

7. Government Regulation No.78 Year 2010 concerning Reclamation and Postmining (State

Gazette of the RI of 2010 No.85, State Gazette Supplement of the RI No.5172);

8. Presidential Decree No.59/P Year 2011 dated October 18, 2011;

9. Regulation of the Minister of Energy and Mineral Resources No.18 Year 2010 concerning

Organization and Work Arrangement of the Ministry of Energy and Mineral Resources (State

Bulletin of the RI of 2010 No.552) as amended with the Regulation of the Minister of Energy and

Mineral Resources No.22 Year 2013 (State Bulletin of the RI of 2013 No1022);

10. Regulation of the Minister of Energy and Mineral Resources No.2 Year 2013 concerning

Supervision on the Implementation of Mining Business Management Executed by the Provincial

Government and the Regency/City Government (State Bulletin of the RI of 2013 No.78);

Has decided:

To establish: The Regulation of the Minister of Energy and Mineral Resources concerning

Reclamation and Postmining in Mineral and Coal Mining Business Undertaking.

Chapter I

General Provision

Article 1

In this Ministerial Regulation:

1. Reclamation refers to activities carried out throughout the stages of mining business

undertaking to arrange, restore and improve the quality of the environment and ecosystem in

order to be able to function again in accordance with its allotment.

2. Postmining activities, hereinafter referred to as Postmining, refers to planned, systematic and

continuous activities after a part or the entire mining business undertaking have ended to

restore the function of natural and social environment according to the local condition

throughout the mining area.

3. Mining refers to a part or the entire stages of activity in the framework of research,

management, and the business undertaking of minerals or coal which encompass general

survey, exploration, feasibility study, construction, mining, processing and refining,

transportation and sale as well as Postmining activities.

4. Mineral refers to inorganic compounds naturally formed, which has certain physical and

chemical characteristics and orderly crystalline composition or its compound which forms

rocks, either released or in alloy form.

5. Coal refers to sedimentation of carbonate organic compound naturally formed from the

remnants of plants.

6. Exploration IUP refers to a business license given for carrying out the stages of activities of

general survey, exploration and feasibility study.

7. Exploration IUPK refers to a business license given for carrying out the stages of activities of

general survey, exploration and feasibility study in a special mining business license area.

8. Production Operation IUP refers to a business license given after completing the

implementation of Exploration IUP to carry out the stage of production operation activities.

9. Production Operation IUPK refers to a business license given after completing the

implementation of Exploration IUPK to carry out the stages of production operation activities

in the special mining business license area.

10. Exploration refers to the stage of mining business undertaking to obtain detailed and

thorough information concerning location, form, dimension, spread, quality and measured

resources of extractive materials as well as information concerning social and living

environment.

11. Feasibility Study refers to the stage of mining business undertaking activities to obtain

detailed information of all related aspects to determine the economic and technical feasibility

of a mining business, including environmental impact assessment and Postmining planning.

12. Production Operation refers to the stage of mining business undertaking activities which

encompasses construction, mining, processing, refining, including transportation and sale and

means to control environmental impact in compliance with the result of feasibility study.

13. The activity of mining refers to a part of mining business undertaking activities to produce

minerals and/or coal and their associated minerals.

14. Mining Business License Area, hereinafter referred to as WIUP, refers to an area given to the

holder of Mining Business License.

15. Special Mining Business License, hereinafter referred to as WIUPK, refers to an area given

to the holder of a Special Mining Business License.

16. Reclamation deposit refers to funds allocated by the holder of Mining Business License or

Special Mining Business License as guarantee to carry out Reclamation activities.

17. Postmining deposit refers to funds allocated by the holder of Mining Business License or

Special Mining Business License as guarantee to carry out Postmining activities.

18. Environmental Document refers to Environmental Impact Assessment or the Efforts for

Environmental Management/Environmental Monitoring or Statement of Environmental

Management.

19. Minister refers to the Minister who administers governance affairs in Mineral and Coal.

20. Director General refers to the Director General who executes the task and is responsible for

the formulation as well implementation of policy and technical standardization in Mineral

and Coal.

Chapter II

P r i n c i p l e s

Article 2

(1) Reclamation by the Holder of Exploration IUP and Exploration IUPK should meet the

principles of:

a. protection and management of Mining environment; and

b. occupational safety and health.

(2) Reclamation and Postmining by the Holder of Production Operation IUP and Production

Operation IUPK should meet the principles of:

a. protection and management of Mining environment;

b. occupational safety and health; and

c. conservation of Mineral and Coal.

(3) The principles of protecting and managing Mining environment as referred to in sub-article

(1) letter a, and sub-article (2) letter a, at least encompass:

a. protecting the quality of surface water, ground water, sea water, and land and air based on

the standard allowed limit or the criterion of standard environmental damage in

compliance with the provision of the legislative rules;

b. protecting and restoring bio-diversity;

c. guarantee the stability and safety of side rock piles and/or soil/rock covering, tailings

pond, ex-mine area and other man-made structures.

d. utilizing ex-mine area according to its allotment;

e. taking into consideration local social and cultural values; and

f. protecting the quantity of ground water in compliance with the provision of the

legislative rules.

(4) The principles of occupational safety and health as referred to in sub-article (1) letter b and sub-

article (2) letter b encompass:

a. safety protection toward every worker/laborer; and

b. protection of every worker/laborer from illness caused by work.

(5) The principles of conserving Mineral and Coal as referred to in sub-article (2) letter e encompass:

a. optimum mining;

b. employment of effective and efficient method and technology in processing and/or

refining.

c. management and/or utilization of marginal reserves, low content Minerals and associated

Minerals as well as low grade coal; and

d. encoding of resources and unmined Mineral and Coal reserves and residue of processing

and/or refining.

Article 3

(1) The holder of Exploration IUP and Exploration IUPK should integrate the

principles of protecting and managing Mining environment and the principles of

occupational safety and health as referred to in Article 2 sub-article (1), sub-

article (3) and sub-article (4) with Exploration plan and Environmental

Documents in compliance with the provision of the legislative rules.

(2) The holder of Production Operation IUP and Production Operation IUPK should

integrate the principle of protecting and managing Mining environment, the

principle of occupational safety and health and the principle of conserving

Minerals and Coal as referred to in Article 2 sub-article (2), sub-article (3), sub-

article (4) and sub-article (5) with the Mining plan compiled in the report on the

result of Feasibility Study and Environmental Document in compliance with the

provision of the legislative rules.

Chapter III

Compilation of Reclamation and Postmining Plan

First Part

G e n e r a l

Article 4

(1) Prior to conducting Exploration, the holder of Exploration IUP and Exploration

IUPK should compile the Reclamation and Postmining plan based on the

Environmental Document approved by the competent agency in compliance with

the provision of the legislative rules in environmental protection and

management.

(2) The Reclamation plan of the Exploration stage as referred to in sub-article (1)

should meet the principles as referred to in Article 2 sub-article (1), sub-article (3)

and sub-article (4) and should take into account:

a. the method of Exploration;

b. the specific condition of the local area; and

c. the provision of the legislative rules.

Article 5

(1) The method of Exploration as referred to in Article 4 sub-article (2) letter a, i.a.

encompasses the activities of:

a. geological mapping;

b. sampling at far reaching distances;

c. making trenches; and

d. drilling.

(2) Exploration using the method of Exploration as referred to in sub-article (1) can

disturb the land, among other things encompassing drilling holes, test well, test

drainage and/or other Exploration supporting facilities.

Article 6

(1) The holder of Exploration IUP and Exploration IUPK who has completed the

Feasibility Study should compile the Reclamation plan of Production Operation stage

and Postmining plan based on the Environmental Document approved by the

competent agency in compliance with the provision of the legislative rules in

environmental protection and management.

(2) The Reclamation plan of Production Operation stage and Postmining plan as referred

to in sub-article (1) should meet the principles as referred to in Article 2 sub-article

(2), sub-article (3) sub-article (40 and sub-article (5) and has to take into account:

a. the system and method of Mining based on the result of Feasibility Study;

b. the specific condition of the local area; and

c. the provision of the legislative rules.

Article 7

(1) The system and method of Mining as referred to in Article 6 sub-article (2) letter a,

encompass:

a. open pit mine; and

b. underground mine.

(2) Production Operation activities using the system and method of Mining as referred to

in sub-article (1) can disturb the area, i.a, encompassing:

a. Mining area;

b. dumping area of side rocks and/or soil/covering rocks;

c. dumping area of rooting zone soil;

d. piling area of mine commodities;

e. mine road and/or transportation road;

f. installations and facilities of processing and/or refining;

g. supporting facilities;

h. office and housing area;

i. special port/pier; and/or

j. dumping and/or sedimentation area of tailings.

Article 8

The specific condition of the local area as referred to in Article 4 sub-article (2) letter b and Article 6

sub-article (2) letter b encompasses:

a. land status;

b. ecosystem form;

c. bio-diversity condition; and

d. social and cultural condition.

Article 9

The provision of the legislative rules as referred to in Article 4 sub-article (2) letter c and Article 6

sub-article (2) letter c i.a. encompasses the provision of the legislative rules in forestry, coastal area,

and small islands as long as they are connected with Reclamation and Postmining activities.

Second Part

Compilation of Reclamation Plan

Paragraph 1

Reclamation Plan of Exploration Stage

Article 10

(1) The holder of Exploration IUP and Exploration IUPK should compile the Reclamation plan

of Exploration stage as referred to in Article 4 sub-article (1) in accordance with the period

of Exploration activities with annual details.

(2) The Reclamation plan of Exploration stage as referred to in sub-article (1) encompasses:

a. land use before and after Exploration activities;

b. the plan for land clearing of Exploration activities which disturbs the area as referred to in Article

5 sub-article (2);

c. Reclamation program of Exploration stage;

d. success criteria of Reclamation of Exploration stage encompass the success standard of land use,

revegetation, and final completion; and

e. planned Reclamation cost of Exploration stage.

(3) The planned Reclamation cost of Exploration stage as referred to in sub-article (2) letter e,

is calculated based on:

a. direct cost, comprising of cost for:

1. land use; and

2. revegetation.

b. indirect cost, comprising of cost for:

1. mobilization and demobilization of equipment;

2. Reclamation planning;

3. administration and profit of third party as contractor of Reclamation of Exploration stage;

and

4. supervision.

(4) The planned cost of Reclamation of Exploration stage as referred to in sub-article (3)

should cover the entire cost for the undertaking of Reclamation of Exploration stage

including the undertaking of Reclamation of Exploration stage carried out by the third

party.

(5) Determining the cost for Reclamation of Exploration stage is calculated based on the

Reclamation plan of Exploration stage as wide as the land opened for Exploration

activities.

Article 11

(1) The holder of Exploration IUP and Exploration IUPK should submit the

Reclamation plan of Exploration stage as referred to in Article 10 to the Minister

through the Director General, governor or regent/mayor in accordance with

his/her competence in 45 (forty five) calendar days at the latest prior to

conducting Exploration.

(2) The Reclamation plan of Exploration stage as referred to in sub-article (1) is

compiled in accordance with the Compiling Directives on Reclamation Plan of

Exploration Stage included in Appendix I which is an inseparable part of this

Ministerial Regulation.

Paragraph 2

Reclamation Plan of Exploration Stage

Article 12

(1) The holder of Exploration IUP and Exploration IUPK should compile the Reclamation plan

of Production Operation stage as referred to in Article 6 sub-article (1) for 5 (five) years

with annual details.

(2) In the case the mine’s life is less than 5 (five) years, the Reclamation plan of Production

Operation stage as referred to in Article 6 sub-article (1) is compiled in accordance with the

mine’s life.

(3) The Reclamation plan of Production Operation stage as referred to in sub-article (1) and

sub-article (2) encompasses:

a. land use before and after Production Operation stage;

b. the plan to open land for Production Operation activities which disturbs the area as referred

to in Article 7 sub-article (2);

c. Reclamation program of Production Operation stage;

d. the criteria of a successful Reclamation of Production Operation stage encompass the

success standard of land use, revegetation, civil works and final completion; and

e. planned cost of Reclamation of Production Operation stage.

(4) The Reclamation program of Production Operation stage as referred to in sub-article (3)

letter c may be carried out in the form of revegetation and/or other allotments.

(5) Other allotments as referred to in sub-article (4) may be in the form of:

a. settlement area;

b. tourist resort;

c. water sources; and

d. cultivation area.

(6) In the case the implementation of Mining technique leaves ex-mine holes (voids), a plan

should be made for using voids which covers:

a. stabilization of slopes;

b. safeguarding the voids;

c. restoration and monitoring the quality of water and management of the water in the voids in

accordance with their allotments; and

d. maintenance of voids.

(7) The planned cost for Reclamation of Production Operation stage as referred to in sub-

article (3) letter e is calculated based on:

a. direct cost, comprising cost of:

1. land use;

2. revegetation;

3. preventing and tackling mine acid water; and

4. civil works in accordance with the allotment of postmining area; or

5. utilization of voids.

b. indirect cost, comprising cost of:


2. Reclamation planning;

3. administration and profit of third party as contractor of Production Operation stage

Reclamation; and

4. supervision.

(8) The planned cost for Reclamation of Production Operation stage as referred to in sub-

article (7) should cover all costs of Reclamation of Production Operation stage including

cost for Reclamation of Production Operation stage carried out by a third party.

(9) The cost for Reclamation of Production Operation stage in the first 5 (five) years is

calculated based on the Reclamation plan of Production Operation stage as wide as the area

opened in the first 5 (five) years of Production Operation activities.

Article 13

(1) The holder of Exploration IUP and Exploration IUPK should submit the Reclamation plan of

Production Operation stage as referred to in Article 12 at the same time with the application for

Production Operation IUP and Production Operation IUPK to the Minister through the Director

General, governor or regent/mayor in accordance with his/her competence.

(2) The Reclamation plan of Production Operation stage as referred to in sub-article (1) is compiled in

accordance with the Directives on Compiling a Reclamation Plan of Production Operation Stage as

included in Appendix II which is an inseparable part of this Ministerial Regulation.

Article 14

In the case Reclamation of Production Operation stage is offshore the Reclamation plan of Production

Operation stage in the area shall be submitted stating the activities which encompass:

a. the management of sea water quality;

b. tackling of abrasion and/or silting up of the coast; and

c. protection of biodiversity.

Article 15

The holder of Production Operation IUP and Production Operation IUPK should submit the Reclamation

plan of Production Operation stage of the next 5 (five) years to the Minister, governor and regent/mayor in

accordance with his/her competence in 45 (forty five) calendar days at the latest before the Reclamation of

Production Operation stage of the previous 5 (five) years ended.

Third Part

Compiling of Postmining Plan

Article 16

(1) The holder of Exploration IUP and Exploration IUPK should compile the Postmining plan based on

Feasibility Study and Environmental Document approved by the competent agency in compliance with

the provision of the legislative rules in environmental protection and management as referred to in Article

6 sub-article (1) as a requirement to obtain Production Operation IUP and production Operation IUPK.

(2) The Reclamation plan as referred to in sub-article (1) includes:

a. area profile, which encompasses:

1. location and the reach of area;

2. ownership and allotment of area;

3. initial environmental features, encompasses land allotment, morphology, surface water,

ground water, aquatic and terrestrial biology as well as social, culture and economy in compliance with

the Environmental Document approved;

4. other activities around mine.

b. description of mining activities, encompasses the condition of initial reserves, system and method of

mining, processing and/or refining and supporting facilities;

c. final environmental feature of Postmining area, encompasses the condition of the remaining

reserves, area allotment, morphology, surface and ground water, aquatic and terrestrial biology,

as well as social, culture and economy;

d. Postmining program, encompasses:

1. Reclamation in ex-mine area and outside ex-mine area;

2. social, cultural and economic development;

3. maintenance of Reclamation result; and

4. monitoring.

e. organization, including schedule of Postmining undertaking.

f. the criteria of a successful Postmining, encompass the standard of success at ex-.mine site,

processing and/or refining facilities, supporting facilities and monitoring; and

g. planned Postmining cost.

(3) Planned cost of Postmining as referred to in sub-article (2) letter g is calculated based on:

a. direct cost, comprising of cost at:

1. ex-mine site, comprising cost of:

a) demolition;

b) Reclamation;

c) safeguarding all mine openings.

2. at processing and/or refining facilities, comprising cost of:

a) demolition;

b. Reclamation

c) restoration (remediation) of contaminated area;

3. at supporting facilities, comprising cost of:

a) demolition;

b) Reclamation;

c) handling of residue of oil fuel, lubricants and chemicals;

d) remediation of contaminated area.

4. social, cultural and economic development;

5. maintenance;

6. monitoring.

b. indirect cost, comprising cost of:


2. planning of Postmining;

3. administration and profit of third party as contractor of Postmining; and

4. supervision.

(4) Cost of social, cultural and economic development as referred to in sub-article (3) letter a figure 4

is arranged in the framework of enhancing entrepreneurship after entering Postmining period.

(5) Planned cost of Postmining as referred to in sub-article (3) should take the future value of money

at the time Postmining is undertaken, into consideration.

(6) The future value of money as referred to in sub-article (5) refers to the interest rate of Government

bonds if the currency is in rupiah or the interest rate of bonds is in US dollar if the currency is in

US dollar.

(7) The planned cost of Postmining as referred to in sub-article (3) should cover the entire undertaking

cost of Postmining including the undertaking by a third party.

Article 17

(1) The holder of Exploration IUP and Exploration IUPK in compiling Postmining plan as referred to

in Article 16 should consult stakeholders.

(2) Stakeholders as referred to in sub-article (1) are comprised of:

a. The Ministry of Energy an Mineral Resources, the technical service of the provincial government,

and/or technical service of regency/city government in charge of mineral and coal mining.

b. other relevant agencies; and

c. the community directly impacted due to mining business activities.

(3) The outcome of consultation as referred to in sub-article (1) should be made in the form of an

official report signed by stakeholders as referred to in sub-article (2).

Article 18

(1) The holder of Exploration IUP and Exploration IUPK should submit the Postmining plan as

referred to in Article 16 with the official report on consultation as referred to in Article 17

sub-article (3) enclosed, together with the application for Production Operation IUP or

Production Operation IUPK to the Minister through the Director General, governor or

regent/mayor in accordance with his/her competence.

(2) The Postmining plan as referred to in sub-article (1) is compiled in accordance with the

Directives on Compiling Postmining Plan as included in Appendix III which is an

inseparable part of this Ministerial Regulation.

Chapter IV

Evaluation and Approval

First Part

Evaluation and Approval of Reclamation Plan

Paragraph 1

Evaluation and Approval

of Reclamation Plan of Exploration Stage

Article 19

(1) The Director General on behalf of the Minister, governor or regent/mayor in accordance with his/her

competence gives his/her evaluation and approval to the Reclamation plan of Exploration stage as

referred to in Article 11 in 30 (thirty) calendar days at the latest as of the receipt of the Reclamation

plan of Exploration stage, exclusive of the number of days required for perfecting the Reclamation

plan of Exploration stage.

(2) In the case the Reclamation plan of Exploration stage is still not consistent with the provision as

referred to in Article 10, the Director General on behalf of the Minister, governor or regent/mayor in

accordance with his/her competence returns the Reclamation plan of Exploration stage to the holder of

Exploration IUP or Exploration IUPK for perfection.

(3) The holder of Exploration IUP or Exploration IUPK should resubmit the perfected Reclamation

plan of Exploration stage as referred to in sub-article (2) to the Minister through the Director General,

governor or regent/mayor in accordance with his/her competence in 30 (thirty) calendar days at the latest

as of the date the Reclamation plan of Exploration stage was returned.

(4) If in 30 (thirty) calendar days as of the receipt of the Reclamation plan of Exploration stage or the

perfected Reclamation plan of Exploration stage, the Director General on behalf of the Minister,

governor or regent/mayor in accordance with his/her competence does not suggest its perfection or give

approval, the Reclamation plan of Exploration stage is considered approved.

Article 20

(1) The holder of Exploration IUP and Exploration IUPK should change the Reclamation plan of

Exploration stage as has been approved as referred to in Article 19 whenever the Exploration plan or

the Environmental Document is altered.

(2) The alteration in Reclamation plan of Exploration stage as referred to in sub-article (1) is submitted to

the Minister through the Director General, governor or regent/mayor in accordance with his/her

competence in 180 (one hundred and eighty) calendar days at the latest prior to the undertaking of

Reclamation of Exploration stage for the following year.


competence gives his/her evaluation and approval to the alteration of the Reclamation plan of

Exploration stage as referred to in sub-article (2) in 30 (thirty) calendar days at the latest as of the receipt

of the altered Reclamation plan of Exploration stage, exclusive of the number of days required for

perfecting the alteration of the Reclamation plan of exploration stage.

(4) In the case the Reclamation plan of Exploration stage is still not consistent with the provision as

referred to in Article 10, the Director General on behalf of the Minister, governor or regent/mayor in

accordance with his/her competence returns the Reclamation plan of Exploration stage to the holder of

Exploration IUP or Exploration IUPK for perfection.

(5) The holder of Exploration IUP or Exploration IUPK should resubmit the perfected Reclamation plan

of Exploration stage as referred to in sub-article (4) to the Minister through the Director General, governor

or regent/mayor in accordance with his/her competence in 30 (thirty) calendar days at the latest as of the

date the perfected alteration of the Reclamation plan of Exploration stage was returned.

(6) If in 30 (thirty) calendar days as of the receipt of the alteration of the Reclamation plan of Exploration

stage or the perfected alteration of the Reclamation plan of Exploration stage, the Director General on

behalf of the Minister, governor or regent/mayor in accordance with his/her competence does not suggest

its perfection or give approval, the Reclamation plan of Exploration stage submitted is considered

approved.

Article 21

The approval of the Reclamation plan of Exploration stage as referred to in Article 19 and Article 20

includes in it the amount of the determined Reclamation guarantee of Exploration stage in accordance

with the period of Exploration with annual details.

Paragraph 2

Evaluation and Approval of Reclamation Plan

of Production Operation Stage

Article 22


competence gives his/her evaluation and approval to the Reclamation plan of Production Operation stage

as referred to in Article 13 in 30 (thirty) calendar days at the latest as of the Production Operation IUP or

Production Operation IUPK is issued, exclusive of the number of days required for perfecting the

Reclamation plan of Production Operation stage.

(2) In the case the Reclamation plan of Production Operation stage is still not consistent with

the provision as referred to in Article 12, the Director General on behalf of the Minister,

governor or regent/mayor in accordance with his/her competence returns the Reclamation plan

of Production Operation stage to the holder of Production Operation IUP or Production

Operation IUPK for perfection.

(3) The holder of Production Operation IUP or Production Operation IUPK should resubmit the perfected

Reclamation plan of Production Operation stage as referred to in sub-article (2) to the Minister through the

Director General, governor or regent/mayor in accordance with his/her competence in 30 (thirty) calendar

days at the latest as of the date the perfected alteration of the Reclamation plan of Production Operation

stage was returned.

(4) If in 30 (thirty) calendar days as of the Production Operation IUP or the Production Operation IUPK

was issued or as of the receipt of the perfected Reclamation plan of Production Operation stage, the

Director General on behalf of the Minister, governor or regent/mayor in accordance with his/her

competence does not give his/her approval or suggestion for perfection, the Reclamation plan of

Production Operation stage submitted is considered approved.

Article 23

(1) The holder of Production Operation IUP and Production Operation

IUPK should alter the Reclamation plan of Production Operation

stage as already approved as referred to in Article 22 whenever an

alteration happens to:

a. the system and method of Mining;

b. production capacity;

c. mine life;

d. land use; and/or

e. the Environmental Document which had been approved by the competent agency in

compliance with the provision of the legislative rules in environmental protection

and management.

(2) The alteration of the Reclamation plan of Production Operation stage

as referred to in sub-article (1)

is submitted to the Minister through the Director General, governor or

regent/mayor in accordance with his/her competence in 180 (one

hundred and eighty) calendar days at the latest prior to the undertaking

of Reclamation of Production Operation stage of the following year.

(3) The Director General on behalf of the Minister, governor or regent/mayor in

accordance with his/her competence gives his/her evaluation and approval to

the alteration of the Reclamation plan of Production Operation stage as

referred to in sub-article (2) in 30 (thirty) calendar days at the latest as of the

receipt of the alteration of the Reclamation plan of Production Operation

stage, exclusive of the number of days required for perfecting the change of

the Reclamation plan of Production Operation stage.

(4) In the case the alteration of the Reclamation plan of Production Operation

stage is still not consistent with the provision as referred to in Article 12,

the Director General on behalf of the Minister, governor or regent/mayor in

accordance with his/her competence returns the alteration of the

Reclamation plan of Production Operation stage to the holder of Production

Operation IUP or Production Operation IUPK for perfection.

(5) The holder of Production Operation IUP or Production Operation IUPK should

resubmit the perfected alteration of Reclamation plan of Production Operation stage as

referred to in sub-article (4) to the Minister through the Director General, governor or

regent/mayor in accordance with his/her competence in 30 (thirty) calendar days at the

latest as of the date of resubmission of the alteration of the Reclamation plan of Production

Operation stage.

(6) If in 30 (thirty) calendar days as of the receipt of the alteration of the Reclamation

plan of Production Operation stage or the perfected alteration of the Reclamation plan of

Production Operation stage, the Director General on behalf of the Minister, governor or

regent/.mayor in accordance with his/her competence does not give any suggestion for

perfection or approval, the alteration of the Reclamation plan of Production Operation

stage submitted is considered approved.

Article 24

The approval of the Reclamation plan of Production Operation stage as referred to in

Article 22 and Article 23 includes in it the determined amount of Reclamation guarantee of

Production Operation stage for 5 (five) years with annual details.

Second Part

Evaluation and Approval of Postmining Plan

Article 25


accordance with his/her competence evaluates and approves the Postmining plan as

referred to in Article 18 in 60 (sixty) calendar days at the latest as of the issue of

Production Operation IUP or Production Operation IUPK, exclusive of the number of days

required for perfecting the Postmining plan.

(2 In the case the Postmining plan is still not consistent with the provision as referred to in

Article 16 and Article 17, the Director General on behalf of the Minister, governor or re

gent /mayor in accordance with his/her competence returns the Postmining plan to the h

holder of Production Operation IUP or Production Operation IUPK for perfection.

(3) The holder of Production Operation IUP or Production Operation IUPK should

resubmit the perfected Postmining plan as referred to in sub-article (2) to the Minister

through the Director General, governor or regent/mayor in accordance with his/her

competence in 30 (thirty) calendar days at the latest as of the date the Postmining plan was

returned.

(4) If in 60 (sixty) calendar days as of the issue of Production Operation IUP or Production

Operation IUPK or as of the receipt of the perfected Postmining plan, the Director General

on behalf of the Minister, governor or regent/mayor in accordance with his/her competence

does not give a suggestion for perfection or approval, the submitted Postmining plan is

considered approved.

Article 26

(1) The holder of Production Operation IUP and Production Operation IUPK

should change the approved Postmining plan as referred to in Article 25

whenever there is an alteration in the Reclamation plan of Production

Operation as referred to in Article 23.

(2) The alteration of the Postmining plan as referred to in sub-article (1) is

submitted to the Minister through the Director General, governor or

regent/mayor in accordance with his/her competence 2 (two) years prior to

the end of Mining activities.


accordance with his/her competence evaluates and approves the alteration of

the Postmining plan as referred to in sub-article (1) in 90 (ninety) calendar

days at the latest as of the receipt of the alteration of the Postmining plan,

exclusive of the number of days required for perfecting the alteration of the

Postmining plan.

(4) In the case the alteration of the Postmining plan is still not consistent with

the provision as referred to in Article 16 and Article 17, the Director

General on behalf of the Minister, governor or regent/mayor in accordance

with his/her competence returns the alteration of the Postmining plan to the

holder of Production Operation IUP or Production Operation IUPK for

perfection.

(5) The holder of Production Operation IUP or Production Operation IUPK

should resubmit the alteration of the perfected Postmining plan as referred to

in sub-article (4) to the Minister through the Director General, governor or

regent/mayor in accordance with his/her competence in 30 (thirty) calendar

days at the latest as of the date the Postmining plan was returned.

(6) If in 90 (ninety) calendar days as of the receipt of the alteration of the

Postmining plan or the perfected Postmining plan the Director General, on

behalf of the Minister, governor or regent/mayor in accordance with his/her

competence does not give any suggestion for perfection or approval, the

alteration of the Postmining plan submitted is considered approved.

Article 27

The approval of the Postmining plan as referred to in Article 25 and Article 26 includes in

it the determined amount of Postmining guarantee, schedule of placement and period of

placement.

Chapter V

Reclamation Guarantee and Postmining Guarantee

First Part

Reclamation Guarantee

Paragraph 1

Reclamation Guarantee of Exploration Stage

Article 28

(1) The holder of Exploration IUP and Exploration IUPK should be ready with the

Reclamation Guarantee of Exploration stage in line with the determined amount of

Reclamation Guarantee of Exploration stage by the Director General on behalf of the

Minister, governor or regent/mayor in accordance with his/her competence as referred

to in Article 21.

(2) Reclamation Guarantee of Exploration stage as referred to in sub-article (1) is entirely

put down at the beginning in compliance with the Reclamation costing of Exploration

stage as referred to in Article 10 sub-article (5) and is included in the work plan and

budget of Exploration cost.

(3) The depositing of Reclamation Guarantee of Exploration stage as referred to in sub-

article (2) is effected in 30 (thirty) calendar days at the latest as of the approval of work

plan and cost budget of Exploration stage by the Director General on behalf of the

Minister, governor or regent/mayor in accordance with his/her competence.

Article 29

(1) Reclamation Guarantee of Exploration stage as referred to in Article 28 is in Time Deposit deposited

in Government Bank in Indonesia under the name of the Director General, governor or regent/mayor qq the

holder of Exploration IUP or Exploration IUPK concerned with a guarantee period in compliance with the

Reclamation schedule of Exploration stage.

(2) Reclamation Guarantee of Exploration stage as referred to in sub-article (1) is in rupiah or United

States dollar.

(3) The method of depositing the Reclamation Guarantee of Exploration stage as referred to in sub-article

(1) is in compliance with the provision of the legislative rules.

Article 30

The Director General on behalf of the Minister, governor or regent/mayor in accordance with his/her

competence may order the holder of Exploration IUP and Exploration IUPK to alter the amount of

Reclamation guarantee of Exploration stage if:

a. an alteration happens to the Exploration plan as referred to in Article 20; or

b. the cost of Reclamation of Exploration stage is not in line with the Reclamation plan of

Exploration stage.

Article 31

(1) The deposit of Reclamation Guarantee of Exploration stage does not eliminate the

obligation of the holder of Exploration IUP and Exploration IUPK from carrying out

Reclamation.

(2) The shortage of cost to complete the Reclamation of Exploration stage from the

determined guarantee remains to be the responsibility of the holder of Exploration IUP or

Exploration IUPK.

Paragraph 2

Reclamation Guarantee of Production Operation Stage

Article 32

(1) The holder of Production Operation IUP and Production Operation IUPK should make ready the

Reclamation Guarantee of Production Operation stage in compliance with the amount of

Reclamation Guarantee of Production Operation stage determined by the Director General on behalf

of the Minister, governor or regent/mayor in accordance with his/her competence as referred to in

Article 24.

(2) The Reclamation Guarantee of Production Operation stage for the first 5 (five) years should entirely

be deposited for 5 (years).

(3) In the case the mine life is less than 5 (five) years, the Reclamation Guarantee of Production

Operation stage is deposited in line with mine life.

(4) The Reclamation Guarantee of Production Operation stage as referred to in sub-article (2) for the

following 5 (five) years may entirely be put down for a period of 5 (five) years or every year.

(5) The deposit of Reclamation Guarantee of Production Operation stage every year as referred to in

sub-article (4) is included in the work plan and budget of the annual Production Operation cost.

(6) The deposit of Reclamation Guarantee of Production Operation stage as referred to in sub-article (2)

is effected in 30 (thirty) calendar days at the latest as of the approval of Reclamation plan of

Production Operation stage given by the Director General on behalf of the Minister, governor or


(7) The deposit of Reclamation Guarantee of Production Operation stage for the following year as

referred to in sub-article (4) is effected in 14 (fourteen) calendar days at the latest as of the beginning

of the running year.

Article 33

(1) The holder of Production Operation IUP and Production Operation IUPK should submit the form of

Reclamation Guarantee of Production Operation stage to the Minister through the Director General,

governor or regent/mayor in accordance with his/her competence.

(2) The arrangement of Reclamation Guarantee of Production Operation stage as referred to in sub-

article (1) may be in the form of:

a. A Joint Account placed in Government bank in Indonesia in the name of the Director

General, governor or regent/mayor and the holder of Production Operation IUP or Production

Operation IUPK;

b. Time Deposit placed in Government bank in Indonesia in the name of the Director General,

governor or regent/mayor qq the holder of Production Operation IUP or Production

Operation IUPK concerned with a guarantee period in compliance with the Reclamation

schedule of Production Operation stage;

c. Bank Guarantee issued by Government Bank in Indonesia or National private bank in

Indonesia with a guarantee period in compliance with the Reclamation schedule of

Production Operation stage; or

d. Accounting Reserve may be placed if the holder of Production Operation IUP or Production

Operation IUPK concerned meets the following requirements:

1. registered at the stock exchange in Indonesia and had listed more than 40% (forty

percent) of its total shares; and

2. has capital deposit of no less than US$50,000,000.00 (fifty million US dollar) as

stated in the company’s deed of establishment and/or its amendment legalized by

the notary public.

(3) The Reclamation Guarantee of Production Operation stage as referred to in sub-article (2) is

deposited in rupiah and US dollar.


competence determines the arrangement of Reclamation Guarantee of Production Operation stage

deposited by the holder of Production Operation IUP or Production Operation IUPK as referred to in

sub-article (2).

(4) In the case the Reclamation Guaranty of Production Operation stage is in Bank Guarantee as referred

to in sub-article (2) letter c whose validity has expired, the holder of Production Operation IUP or

Production Operation IUPK should extend the validity period of the guarantee prior to its being

declared in writing that it can be released by the Director General on behalf of the Minister, governor

or regent/mayor in accordance with his/her competence.

(5) The method of putting down the Reclamation Guarantee of Production Operation stage as referred to

in sub-article (2) is implemented in compliance with the provision of the legislative rules.

Article 34

(1) The holder of Production Operation IUP and Production Operation IUPK who deposits the

Reclamation Guarantee in the form of Accounting Reserves which had met the requirements as

referred to in Article 33 sub-article (2) letter d, should submit a declaration of the deposit of

Reclamation Guarantee legalized by the notary public to the Minister through the Director General,

governor or regent/mayor in accordance with his/her competence

(2) The declaration as referred to in sub-article (1) should include the annual financial report audited by

a public accountant.

Article 35


competence may order the holder of Production Operation IUP and Production Operation IUPK to

alter the amount of Reclamation Guarantee of Production Operation stage if:

a. an alteration happens to the Reclamation plan of Production Operation stage as referred to in

Article 23; or

b. the implementation cost of Reclamation of Production Operation stage is not in line with the

Reclamation plan of Production Operation stage.


competence may order the holder of Production Operation IUP and Production Operation IUPK to

alter the arrangement of Reclamation guarantee of Production Operation stage bearing in mind:

a. the performance of the holder of Production Operation IUP and Production Operation IUPK;

and/or

b. the financial capacity of the holder of Production Operation IUP and Production Operation

IUPK.

Article 36

(1) The holder of Production Operation IUP and Production Operation IUPK may submit an altered

arrangement of Reclamation Guarantee of Production Operation stage as referred to in Article 33 to the

Minister through the Director General, governor or regent/mayor in accordance with his/her

competence.


competence approves the altered arrangement of Reclamation Guarantee of Production Operation stage

as referred to in sub-article (1) based on the following considerations:

a. the performance of the holder of Production Operation IUP and Production Operation IUPK;

and/or

b. the financial capacity of the holder of Production Operation IUP an Production Operation IUPK.

Article 37

(1) The deposit of Reclamation Guarantee of Production Operation stage does not eliminate the

obligation of holder of Production Operation IUP and Production Operation IUPK to carry out

Reclamation of Production Operation stage.

(2) The shortage of cost for the completion of Reclamation of Production Operation stage from the

determined guarantee remains to be the responsibility of the holder of Production Operation IUP and

Production Operation IUPK.

Second Part

Postmining Guarantee

Article 38

(1) The holder of Production Operation IUP and Production IUPK should make ready the Postmining

Guarantee in line with the amount of Postmining guarantee determined by the Director General on

behalf of the Minister, governor or regent/mayor in accordance with his/her competence as referred

to in Article 27.

(2) The Postmining Guarantee as referred to in sub-article (1) is put down every year and is included in

the work plan and annual budget of Production Operation cost.

(3) The deposit of Postmining Guarantee as referred to in sub-article (2) should be effected in 30 (thirty)

calendar days at the latest in compliance with the deposit schedule of Postmining Guarantee

determined in the Postmining plan agreement.

(4) The Postmining Guarantee should be entirely accumulated 2 (two) years prior to entering the

undertaking of Postmining.

(5) The method of depositing Postmining Guarantee as referred to in sub-article (3) is carried out

incompliance with the provision as included in Appendix IV which constitutes an inseparable part of

this Ministerial Regulation.

Article 39

(1) The Postmining Guarantee as referred to in Article 38 is in Time Deposit placed in Government

bank in Indonesia in the name of the Director General, governor or regent/mayor qq the holder of

Production Operation IUP or Production Operation IUPK concerned with a guarantee period in line

with the Postmining schedule.

(2) The Postmining Guarantee as referred to in sub-article (1) is deposited rupiah and US dollar.

(3) The currency of Postmining Guarantee as referred to in sub-article (2) which had been determined

cannot be altered.

(4) The interest of time deposit as referred to in sub-article (1) can only be released at the time the

Postmining Guarantee is released.

Article 40

(1) The deposit of Postmining Guarantee as referred to in sub-article (1) does not eliminate the

obligation of the holder of Production Operation IUP and Production Operation IUPK to carry out

Postmining.

(2) The shortage of cost for completing Postmining from the determined guarantee remains to be the

responsibility of the holder of Production Operation IUP and Production Operation IUPK.

Chapter VI

Undertaking Reclamation and Postmining

First Part

G e n e r a l

Article 41

(1) The holder of Exploration IUP, Production Operation IUP, Exploration IUPK and Production

Operation IUPK should carry out Reclamation in compliance with the Reclamation plan as already

approved as referred to in Article 19, Article 20, Article 22 and Article 23.

(2) The holder of Production Operation IUP and Production Operation IUPK should carry out Postmining

in compliance with the Postmining plan as already approved as referred to in Article 25 and Article 26.

(3) Reclamation and Postmining should be led by a Mine Technical Head assisted by competent personnel

in undertaking Reclamation and Postmining.

Second Part

Undertaking Reclamation

Paragraph 1

Undertaking Reclamation of Exploration Stage

Article 42

(1) The holder of Exploration IUP and Exploration IUPK should carry out Reclamation of Exploration

stage as already approved as referred to in Article 19 and Article 20 on disturbed area affected by

Exploration activities.

(2) Disturbed area as referred to in sub-article (1) encompasses area of ex-Exploration activities no

longer used.

(3) Areas of ex-Exploration activities as referred to in sub-article (2) are i.a.:

a. area of ex-Exploration activities; and

b. area of ex-Exploration supporting facilities.

(4) Areas of ex-Exploration activities as referred to in sub-article (3) letter a are among others covering

drilling holes, test wells and test trenches.

(5) Areas of ex-Exploration supporting facilities as referred to in sub-article (3) letter b are among

others Exploration access road, base camp, helipad and/or workshop no longer in use.

(6) The Reclamation of Exploration stage should be carried out in 30 (thirty) calendar days at the latest

after no Exploration activities take place on disturbed area as referred to in sub-article (2), sub-article

(3), sub-article (4) and sub-article (5).

Paragraph 2

Undertaking Reclamation of Production Operation Stage

Article 43

(1) The holder of Production Operation IUP and Production Operation IUPK should carry out

Reclamation of Production Operation stage as referred to in Article 22 and Article 23 on disturbed

area affected by Production Operation activities.

(2) Disturbed areas as referred to in sub-article (1) cover ex-mine area and outside ex-mine area no

longer used.

(3) Ex-mine areas as referred to in sub-article (2) with underground mining system are i.a. shaft, raise,

stope, adit, decline, pit, tunnel and/or final void..

(4) Outside ex-mine areas as referred to in sub-article (2) with open pit mine system are i.a.

a. dumping area of side rocks and/or soil/covering rocks;

b. dumping area of rooting zone soil;

c. piling area of mine commodities;

d. mine road and/or transportation road;

e. processing and/or refining installations and facilities;

f. supporting facilities;

g. office and housing area;

h. special port/pier; and/or

i. tailings dumping and/or sedimentation area.

(5) Undertaking Reclamation of Production Operation stage should be executed 30 (thirty) calendar

days at the latest after no activities are taking place on disturbed area as referred to in sub-article (2),

sub-article (3) and sub-article (4).

(6) In the case no activities are taking place on disturbed area as referred to in sub-article (5) and mining

on said area is planned to resume, the holder of Production Operation IUP and Production Operation

IUPK should carry out Reclamation activities of Production Operation stage in the framework of

controlling the quality of surface water, erosion and sedimentation.

Article 44

(1) In the case the reclaimed area is to be reopened for mining, the holder of Production Operation IUP

and Production Operation IUPK should submit the Mining plan to obtain approval from the Director

General on behalf of the Minister, governor or regent/mayor in accordance with his/her competence.

(2) The Mining plan as referred to in sub-article (1) should take the economic value of the Reclamation

already undertaken into account.

Third Part

Postmining Undertaking

Article 45

The holder of Production Operation IUP and Production Operation IUPK should undertake Postmining

as referred to in Article 25 and Article 26 30 (thirty) calendar days at the latest after Mining, processing

and/or refining have ended in compliance with the agreed Postmining plan.

Chapter VII

Reporting and Releasing

of Reclamation and Postmining Guarantee

First Part

Reporting on Reclamation and Releasing of Reclamation Guarantee

Paragraph 1

Reporting on Reclamation of Exploration Stage

and Releasing of Reclamation Guarantee of Exploration Stage

Article 46

(1) The holder of Exploration IUP and Exploration IUPK should submit a report on the undertaking of

Reclamation of Exploration stage every 1 (one) year to the Minister through the Director General,


(2) The report on the undertaking of Reclamation of Exploration stage as referred to in sub-article (1) is

to enclose the application for the release of the Reclamation guarantee of Exploration stage.

(3) The report as referred to in sub-article (1) is compiled in compliance with the Directives on

Compiling Reports of the Undertaking of Reclamation of Exploration Stage as included in Appendix

V which constitutes an inseparable part of this Ministerial Regulation.

Article 47


competence gives his/her approval for the release of Reclamation Guarantee of Exploration stage 30

(thirty) calendar days at the latest after receipt of the report as referred to in Article 46.


competence prior to approving the release of Reclamation Guarantee of Exploration stage as referred

to in sub-article (1) should evaluate the report on the undertaking of Reclamation of Exploration

stage.

(3) Evaluation as referred to in sub-article (2) is conducted with the Criteria of Success in Reclamation

of Exploration stage as included in Appendix VI which constitutes an inseparable part of this

Ministerial Regulation as directives.

Article 48


competence prior to approving the release of Reclamation Guarantee of Exploration stage, besides

evaluating as referred to in Article 47 sub-article (2) weighs the release of Reclamation Guarantee of

Exploration stage.

(2) The release of Reclamation Guarantee of Exploration stage as referred to in sub-article (1) can only

be done after the result of evaluation reaches 100% (one hundred percent) in value in compliance

with the Directives on the Evaluation of Reclamation of Exploration Stage as included in Appendix

VII which constitutes an inseparable part of this Ministerial Regulation.

Article 49


competence in evaluating the release of Reclamation Guarantee of Exploration stage as referred to in

Article 48 can conduct field observation

(2) Field observation as referred to in sub-article (1) is conducted after the compiling of the Feasibility

Study document has been finalized..

(3) The result of field observation as referred to in sub-article (1) should be made in an Official Report

containing Evaluation of a Successful Reclamation of Exploration Stage as included in Appendix

VIII which constitutes an inseparable part of this Ministerial Regulation..

Paragraph 2

Reporting on the Reclamation of Production Operation Stage

and Release of Reclamation Guarantee of Production Operation Stage

Article 50

(1) The holder of Production Operation IUP and Production Operation IUPK should submit the report

on the undertaking of Reclamation of Production Operation stage every 1 (one) year to the Minister

through the Director General, governor or regent/mayor in accordance with his/her competence.

(2) The report on the undertaking of Reclamation of Production Operation stage as referred to in sub-

article (1) is to enclose the application for the release of Reclamation Guarantee of Production

Operation stage.

(3) The report as referred to in sub-article (1) is compiled in compliance with the Directives on

Compiling the Report on the Undertaking of Reclamation of Production Operation stage as included

in Appendix IX which constitutes an inseparable part of this Ministerial Regulation.

Article 51


competence give his/her approval for the release of Reclamation Guarantee of Production Operation

stage in 30 (thirty) calendar days at the latest after receipt of the report as referred to in Article 50.

(2) The Director General on behalf of the Minister, governor or regent/mayor in accordance with

his/her competence prior to approving the release of Reclamation Guarantee of Production Operation stage

as referred to in sub-article (1) should make evaluations on the report on the undertaking of Reclamation of

Production Operation stage.

(2) Evaluation as referred to in sub-article (2) is conducted with the Criteria of a Successful

Reclamation of Production Operation stage as included in Appendix X which is an inseparable part

of this Ministerial Regulation as directives.

Article 52

(1) The application for the release of Reclamation guarantee of Production Operation stage as referred to

in Article 50 is effected toward Reclamation guarantee of Production Operation stage in the form of

a Joint Account and Time Deposit including interest.

(2) The application for the release of Reclamation guarantee of Production Operation stage as referred to

in Article 50 is effected toward Reclamation guarantee of Production Operation stage in the form of

Bank Guarantee and Accounting Reserve.

Article 53


competence prior to approving the release of Reclamation Guarantee of Production Operation stage,

besides making evaluation as referred to in Article 51 weighs the release of Reclamation Guarantee

of Production Operation stage.

(2) Assessment on the amount of Reclamation Guarantee of Production Operation stage to be released

as referred to in sub-article (1) is determined as follows:

a. at the most 60% (sixty percent) of the amount of Reclamation Guarantee of Production

Operation stage when the use of land comprising of:

1. structuring surface soil and refilling ex-mine area;

2. spreading of soil of ex-rooting zone;

3. controlling erosion and water management, have been accomplished, in compliance

with their allotments as determined in the Reclamation plan of Production

Operation stage already approved;

c. at the most 80% (eighty percent) of the amount of Reclamation Guarantee of Production

Operation stage when the activities as referred to in letter a and revegetation which

comprised of:

1. planting of cover crop;

2. planting of fast-growing plants;

3. planting of local-type plants; and/or

4. controlling of acid mine water, have been accomplished as determined in the

Reclamation plan of Production Operation stage already approved.

d. 100% (one hundred percent) of the amount of Reclamation Guarantee of Production

Operation stage after the activities of Reclamation of Production Operation stage fulfill the

final completion,

in compliance with the Directives on Evaluating Reclamation of Production Operation Stage

as included in Appendix XI which constitutes an inseparable part of this Ministerial

Regulation.

Article 54


competence in making evaluations on the release of Reclamation Guarantee of Production Operation

stage as referred to in Article 53 should conduct field observation.

(2) Field observation as referred to in sub-article (1) is conducted 15 (fifteen) calendar days at the latest

after receipt of report on the Reclamation undertaking of Production Operation stage.

(3) The result of field observation as referred to in sub-article (1) should be made in an official report

containing success in Reclamation undertaking of Production Operation stage as included in

Appendix XII which constitutes an inseparable part f this Ministerial Regulation.

Article 55

(1) In the case the evaluation of success in Reclamation of Production Operation stage as referred to in

Article 53 has not reached 100% (one hundred percent), the amount of Reclamation Guarantee of

Production Operation stage to be released complies with the result of field observation.

(2) The amount of the remaining Reclamation Guarantee of Production Operation stage still unable to be

released should be re-deposited as Reclamation Guarantee of Production Operation stage.

Second Part

Reporting on Postmining and Release

of Postmining Guarantee

Article 56

(1) The holder of Production Operation IUP and Production Operation IUPK should submit the report

on the undertaking of Postmining every three months to the Minister through the Director General,


(2) The report on the undertaking of Postmining as referred to in sub-article (1) is to enclose an

application for the release of Postmining Guarantee.

(3) The application for the release of Postmining Guarantee as referred to in sub-article (2) including

interest containing program details and the plan on the cost of Postmining already undertaken and

that to be undertaken in the next three months based on the Postmining plan as already approved.

(4) The report as referred to in sub-article (1) is compiled in line with the Directives on Compiling

Quarterly Report on Postmining undertaking as included in Appendix XIII which constitutes an

inseparable part of this Ministerial Regulation.

Article 57


competence gives his/her approval for the release of Postmining Guarantee in 30 (thirty) calendar

days at the latest after receipt of the report as referred to in Article 56.


competence prior to giving his/her approval to the release of Postmining Guarantee as referred to in

sub-article (1) should conduct evaluations on the report on Postmining undertaking.

(3) Evaluation as referred to in sub-article (2) is conducted with the Criteria of a Successful Postmining

as included in Appendix XIV which constitutes an inseparable part of this Ministerial Regulation as

directive.

Article 58


competence prior to giving his/her approval for the release of Postmining Guarantee including

interest, besides conducting evaluation as referred to in Article 57, weighs the release of Postmining

Guarantee.


competence can only give his/her approval for the release of Postmining Guarantee including

interest as referred to in sub-article (1) in compliance with the Directives on Postmining Evaluation

as included in Appendix XV which constitutes an inseparable part of this Ministerial Regulation.

Article 59


competence in conducting evaluation on Postmining Guarantee as referred to in Article 58 should

carry out field observation.

(2) Field observation as referred to in sub-article (1) is conducted 15 (fifteen) calendar days at the latest

after receipt of the report on Postmining undertaking.

(3) The result of field observation as referred to in sub-article (1) should be made in an official report

containing the evaluation of a successful Postmining undertaking as included in Appendix XVI

which constitutes an inseparable part of this Ministerial Regulation.

Article 60

(1) In the case the holder of Production Operation IUP and Production Operation IUPK does not meet

the criteria of success in undertaking Postmining based or evaluation of report and field appraisal of

less than 80% (eighty percent) after the period of Postmining activities ended, the holder of

Production Operation IUP and Production Operation IUPK may apply for an extension of the period

to accomplish the Postmining activities to the Minister through the Director General, governor or



competence gives his/her approval to the extension of the period as referred to in sub-article (1) 2

(two) years at the latest since the date the Postmining activities ended.

(3) The holder of Production Operation IUP and Production IUPK cannot be given the release of the

remaining Postmining Guarantee during the extension period as referred to in sub-article (2).

(4) The holder of Production Operation IUP and Production Operation IUPK can only be given the

release of the remaining Postmining Guarantee when the success evaluation has reached 100% (one

hundred percent).

Third Part

Determining a Third Party

Article 61

(1) In the case the holder of Exploration IUP or Exploration IUPK does not meet the criteria of success

in undertaking Reclamation of Exploration stage based on report evaluation and field observation as

referred to in Article 47 and Article 49, the Director General on behalf of the Minister, governor or

regent/mayor in accordance with his/her competence determines a third party to carry out

Reclamation of Exploration stage by using the Reclamation Guarantee of Exploration stage.


the criteria of success in undertaking Reclamation of Production Operation stage based on report

evaluation and field observation as referred to in Article 51 and Article 54, the Director General on

behalf of the Minister, governor or regent/mayor in accordance with his/her competence determines

a third party to carry out Reclamation of Production Operation stage by using the Reclamation

Guarantee of Production Operation stage.

(3) Determining a third party as referred to in sub-article (1) and sub-article (2) is effected when after 2

(two) consecutive years of evaluation period, Reclamation undertaking has not reached a success of

60% (sixty percent).

(4) Determining of a third party as referred to in sub-article (1), sub-article (2) and sub-article (3) is

effected by way of:

a. the holder of Exploration IUP, Production Operation IUP, Exploration IUPK and Production

Operation IUPK should propose the third party in possession of a Mining Service Business

License in Postmining and Reclamation, to the Minister through the Director General,


b. The Director General on behalf of the Minister, governor or regent/mayor in accordance

with his/her competence conducts evaluation to determine a third party.

Article 62


the criteria of success in undertaking Postmining based on report evaluation and field observation as

referred to in Article 57 and Article 59 of less than 60% (sixty percent) until the end of the

undertaking period of Postmining, the Director General on behalf of the Minister, governor or

regent/mayor in accordance with his/her competence determines a third party to undertake

Postmining.

(2) Determining a third party as referred to in sub-article (1) is effected by way of:

a. the holder of Production Operation IUP and Production Operation IUPK should propose the

third party in possession of a Mining Service Business License in Postmining and

Reclamation to the Minister through the Director General, governor or regent/mayor in

accordance with his/her competence; and

b. the Director General on behalf of the Minister, governor or regent/mayor in accordance with

his/her competence conducts evaluation to determine the third party.

Article 63

The holder of Production Operation IUP and Production Operation IUPK is prohibited from carrying out

Mining activities before the Reclamation undertaken by the third party as referred to in Article 61 is

declared to have reached the success rating of Reclamation of at least 80% (eighty percent) by the Director

General on behalf of the Minister, governor or regent/mayor in accordance with his/her competence.

Chapter VIII

Handover of Reclamation Area

Article 64

(1) The holder of Production Operation IUP or Production Operation IUPK who had undertaken

Reclamation of Production Operation stage should hand over the reclaimed area to the rightful party

in compliance with the provision of the legislative rules through the Director General on behalf of

the Minister, governor or regent/mayor in accordance with his/her competence after adhering to:

a. the principles of environmental protection and management, occupational safety and health

and conservation of Mineral and Coal as referred to in Article 2; and

b. Reclamation success rating of 100% (one hundred percent) as included in Appendix XI


(2) Prior to the handover of area as referred to in sub-article (1) the holder of Production Operation IUP

and Production Operation IUPK should submit an application to the Minister through the Director

General, governor or regent/mayor in accordance with his/her competence to obtain approval for the

handover of the Reclamation area.

(3) The handover of area as referred to in sub-article (1) constitutes a part of the Postmining plan on

Production Operation WIUP and Production Operation WIUPK.


competence should conduct field observation prior to giving his/her approval to the handover of the

area which had been reclaimed.

(5) The result of field observation as referred to in sub-article (4) should be embodied in the form of an

official report.


competence gives his/her approval to the handover of Reclamation area as referred to in sub-article

(1) in 60 (sixty) days at the latest since the receipt of application for the handover of Reclamation

area.

(7) The responsibility of the holder of Production Operation IUP and Production Operation IUPK to

maintain and monitor the reclaimed area is declared to have ended after the Director General on

behalf of the Minister, governor or regent/mayor in accordance with his/her competence gives

his/her approval to the handover of the area which had been reclaimed as referred to in sub-article

(6).

Chapter IX

Hanover of Postmining Area

Article 65

(1) The holder of Production Operation IUP and Production Operation IUPK who had accomplished

Postmining should hand over the Postmining area to the rightful party in compliance with the

provision of the legislative rules through the Director General on behalf of the Minister, governor or

regent/mayor in accordance with his/her competence after adhering to:

a. the principles of environmental protection and management, occupational safety and health

and conservation of mineral and coal as referred to in Article 2;

b. Postmining success rating of 100% (one hundred percent) as included in Appendix XIV


(2) Prior to the handover of the area as referred to in sub-article (1) the holder of Production Operation

IUP and Production Operation IUPK should submit an application to obtain approval for the

handover of Postmining area.

(3) The handover of the area as referred to in sub-article (1) constitutes the entirety of Postmining

throughout the Production Operation WIUP and Production Operation WIUPK.


competence should conduct field observation prior to giving his/her approval to the handover of the

area on which Postmining had been carried out.

(5) The result of field observation as referred to in sub-article (4) should be embodied in the form of an

official report.


competence gives his/her approval to the handover of the Postmining area as referred to in sub-

article (1) in 60 (sixty) days at the latest since the receipt of the application for the handover of the

Postmining area.

(7) The responsibility of the holder of Production Operation IUP or Production Operation IUPK to

maintain and monitor the area which had been reclaimed is declared to have ended after the Director

General on behalf of the Minister, governor or regent/mayor in accordance with his/her competence

gives his/her approval to the handover of the area which had been reclaimed as referred to in sub-

article (6).

Article 66

(1) The Production Operation IUP and Production Operation IUPK whose validity period have ended,

does not eliminate the obligation of the holder of Production Operation IUP and Production

Operation IUPK to undertake Postmining.

(2) In the framework of undertaking Postmining as referred to in sub-article (1), the Director General on

behalf of the Minister, governor or regent/mayor in accordance with his/her competence issues a

letter concerning the undertaking of Postmining to the holder of Production Operation IUP and


Chapter X

Administrative Sanction

Article 67

(1) The holder of Exploration IUP or Exploration IUPK who violates the provisions as referred to in

Article 2 sub-article (1), sub-article (3) or sub-article (4), Article 3 sub-article (1), Article 4, Article

6, Article 10, Article 11, Article 12, Article 13, Article 14, Article 16, Article 17, Article 18, Article

19 sub-article (3), Article 20 sub-article (1), sub-article (2) or sub-article (5), Article 28, Article 29,

article 41 sub-article (1) or sub-article (3), Article 42, Article 46, or Article 61 sub-article (4) is

imposed with administrative sanction.

(2) The holder of Production Operation IUP or Production Operation IUPK who violates the provisions

as referred to in Article2 sub-article (2), sub-article (3), sub-article (4) or sub-article (5), Article 3

sub-article (2), Article 15, Article 22 sub-article (3), Article 23 sub-article (1), sub-article (2) or sub-

article (5), Article 25 sub-article (3), Article 26 sub-article (1), sub-article (2) or sub-article (5),

Article 31, Article 32, Article 33, Article 34, Article 37, Article 38 sub-article (1), sub-article (3) or

sub-article (5), Article 39, Article 40, Article 41 sub-article (1), sub-article (2) or sub-article (3),

Article 43 sub-article (1), sub-article (5) or sub-article (6), Article 44, Article 45, Article 50, Article

56, Article 61 sub-article (4), Article 62 sub-article (2), Article 63, Article 64 or Article 65 is

imposed with administrative sanction.

Article 68

(1) The administrative sanction as referred to in Article 67 can be in the form of:

a. reprimand;

b. a temporary halting of a part or the entire mining activities; and/or

c. the revocation of Exploration IUP, Production Operation IUP, Exploration IUPK or


(2) The administrative sanction as referred to in sub-article (1) is given by the Director General on

behalf of the Minister, governor or regent/mayor in accordance with his/her competence.

Article 69

The administrative sanction in the form of reprimand as referred to in article 68 sub-article (1) letter a is

given 3 (three) times at the most with a time span of 30 (thirty) calendar days for each reprimand.

Article 70

(1) In the case the holder of Exploration IUP, Production Operation IUP, Exploration IUP or Production

Operation IUPK, who receives the sanction of reprimand, after the end of the period of reprimand as

referred to in Article 69 has not carried out their obligation, is imposed with the administrative

sanction of temporary halting of a part or the entire Mining activities as referred to in Article 68 sub-

article (1) letter b.

(2) The administrative sanction in the form of temporary halting of a part or the entire Mining activities

as referred to in sub-article (1) is imposed within a time span of 90 (ninety) calendar days at the

longest.

Article 71

The administrative sanction of revocation of Exploration IUP, Production Operation IUPK, Exploration

IUPK or Production Operation IUPK as referred to in Article 68 sub-article (1) letter c is imposed on the

holder of Exploration IUP, Production Operation IUP, Production Operation IUP or Production Operation

IUPK who does not fulfill the obligation up to the end of the imposition of temporary halting period of a

part or the entire mining activities as referred to in Article 70.

Chapter XI

Transitional Provision

Article 72

(1) Prior to this Ministerial Regulation becomes effective, the Reclamation plan and/or the Postmining

plan already approved by the Minister, governor or regent/mayor in accordance with his/her

competence is declared remains valid and its undertaking should be adjusted to this Ministerial

Regulation 1 (one) year at the latest since the promulgation of .

this Ministerial Regulation is

(2) The Reclamation plan and/or the Postmining plan submitted by the holder of Production Operation

IUP, Contract of Work and Coal Contract of Work and has not obtained approval prior to this

Ministerial Regulation becomes effective, should be processed in compliance with the provision in this

Ministerial Regulation.

Article 73

The holder of Production Operation IUP, Contract of Work, Coal Contract of Work who had deposited the

Reclamation Guarantee or Postmining Guarantee prior to this Ministerial Regulation becomes effective, the

arrangement of the guarantee should be adjusted to the provision in this Ministerial Regulation 1 (one) year

at the latest since the promulgation of this Ministerial Regulation.

Chapter XII

Concluding Provision

Article 74

At the time this Ministerial Regulation becomes effective the Regulation of the Minister of Energy and

Mineral Resources No.18 Year 2008 dated May 29, 2008, concerning Reclamation and Mine Closure is

revoked and is declared null and void.

Article 75

This Ministerial Regulation becomes effective as of the date of its promulgation.

In order that it may be known to all, this Ministerial Regulation is ordered to be published in the State

Bulletin of the R.I.

Established in Jakarta

On February 28, 2014.

The Minister of Energy and Mineral Resources of the R.I.

Signed

Jero Wacik

Promulgated in Jakarta

On ………………..

Minister of Justice and Human Rights

Signed

Amir Syamsudin

State Bulletin of the R.I. of 2014 No.274.

For copy conform,

The Ministry of Energy and Mineral Resources

Head of Legal Affairs Bureau

Signed

Susyanto

Appendix I

Regulation of the Minister of Energy and Mineral Resources

of the R.I.

Number 07 Year 2014

Concerning

Reclamation and Postmining in Mineral and Coal

Business Undertaking

Directives on Compiling the Reclamation Plan of Exploration Stage

The Composing Framework of the Document of Exploration Stage Reclamation Plan

A. Foreword

B. List of Contents

C. Principal Part

Chapter I Introduction

This chapter covers brief accounts encompassing:

1. The status of IUP or IUPK holder

a. identity of IUP or IUPK holder (name of business entity/cooperatives/individuals,

complete address, the responsible party for the plan or activities);

b. brief accounts of the status of licensing (number, date of issue, validity period, status of

PMA/PMDN IUP or IUPK).

2. Size of IUP or IUPK area.

Accounts of the size of area in IUP or IUPK planned for Exploration activities.

3. Approval of Environmental Document.

Accounts of the approval of Environmental Document from a competent agency (number, date,

name of agency)

4. Location and area accessibility.

a. brief accounts of the location of Exploration activities (village, sub-district, regency/city,

province, geographical position) complete with location map with map accuracy of

minimal scale 1:25,000 (ratio of one to twenty-five thousand);

b. brief accounts of transportation means from and to the location of Exploration activities.

5. Land use before and after Exploration activities.

Accounts of land use before and after Exploration activities are carried out.

Chapter II Land Clearance Plan

This chapter covers land clearance plan during Exploration period which encompasses:

1. Exploration activities

a. accounts of field activities, comprising of geological mapping, topographical mapping,

geophysical survey, geochemical survey, construction of test well, test trench and tunnel,

drilling, etcetera.

b. Accounts of the method to be used (geology, geophysics such as affected polarization,

self potential, seismic, gravity, geomagnetic, sounding, side scan sonar, etcetera;

geochemical of river sedimentation, soil, and rocks, test trench, test well, drilling) and

equipment to use in Exploration activities.

c. accounts of location and size of area to be used to carry out activities on every method.

2. Road

Accounts of location and the size of land to be opened for road construction.

3. Supporting facilities.

Accounts of the size of land and location being opened to be used as housing (camp or flying

camp), workshop and other supporting facilities.

Chapter III Reclamation Program

This chapter covers Reclamation program of Exploration stage upon disturbed land during

Exploration period given in details annually which comprised of:

1. Land to be reclaimed.

Accounts of the stages of Reclamation activities at disturbed location and size of land to be reclaimed

which encompass:

a. structuring land surface (ex Exploration activities and ex Exploration supporting

facilities);

b. refilling of land of ex Exploration activities (ex drill hole, drilling pond, test well, and

test trench);

c. erosion control and water management.

2. Technique and equipment to be used in Reclamation.

Accounts of the technique and equipment to be used for land Reclamation.

3. Revegetation

Accounts of the types of plants and the number of plants, planting distance, location and the size of

land for revegetation.

4. Maintenance.

Accounts of maintenance of reclaimed land; fertilizing, eradication of pests and plant diseases.

Chapter IV Criteria of Success

Accounts of the criteria of success to be achieved encompass the success standard of land

structuring, revegetation, and final accomplishment.

Chapter V Reclamation Financing Plan

This chapter contains the plan of cost required for reclamation of disturbed land made in details for

each year during the Exploration period. Reclamation cost calculation is comprised of:

1. Direct Cost

Accounts of cost which needs to be calculated in compiling the plan of Reclamation cost which

encompass:

a. land structuring cost comprising of cost of:

1) land surface structuring;

2) filling of land ex Exploration activities;

3) erosion control and water management.

b. revegetation cost comprising of cost of:

1) analyzing soil quality;

2) fertilizing;

3) seedling supply;

4) planting;

5) plants care.

2. Indirect cost

Accounts of cost which should be included in Reclamation calculation and as could as possible

determined using the standard of reference determined as follows:

a. cost of mobilization and demobilization of equipment of 2.5% (two point five percent) of

direct cost or based on calculation;

b. cost of Reclamation planning of 2% (two percent) up to 10% (ten percent) of direct cost;

c. administration cost and profit of the third party as contractor of Reclamation of

Exploration stage of 3% (three percent) up to 14% (fourteen percent) of direct cost;

d. supervision cost of 2% (two percent) up to 7% (seven percent) of direct cost.

3. Total cost

Accounts of total direct cost plus indirect cost and said cost should have borne in mind the prevailing tax

and is in rupiah and US dollar.

D. List of Appendices

1. Situation map of land opening plan with map accuracy of minimal scale 1:10,000 (ratio of

one to 10 thousand).

2. Situation map of Reclamation plan with map accuracy of minimal scale 1:10,000 (ratio of

one to 10 thousand).

Remarks:

If the area is extremely wide and/or comprising of several Exploration blocks, thereby unable to

be drawn in 1 (one) map for each year, they may be drawn on several maps complete with index map.

E. List of Tables

1. Table 1 Reclamation Plan of Exploration Stage;

2. Table 2 Reclamation Financing Plan of Exploration Stage.

TABLE 1 RECLAMATION PLAN IN EXPLORATION STAGE

PERIOD OF YEAR: ... through….*)

NO. Description YEAR

2014*) 2015*) 2016*) 2017*) 2018*)

1.

Land cleared (ha)

a. Areas of exploration activities: 1) drilling holes 2) drilling ponds 3) testing wells 4) testing trenches

a. Areas outside the exploration activities: 1) roads that are no longer used 2) other supporting facilities that are no longer used

2. Reclamation

a. Restoring land areas: 1) Restoring ground areas of land (m2): a) ex-sites of exploration activities b) ex-sites of facilities to support exploration activities (access roads of exploration, base camp, helipad, and / or workshops that are no longer used) 2) backfilling of ex-site of exploration: a) abandoned drilling holes b) drilling ponds c) testing wells d) testing trenches

3) erosion control and water management

a. revegetation (m2): 1) analysis of soil quality (sample) 2) fertilization (m2) 3) supplying seedlings (in stems and / or kgs) 4) planting (in stems) 5) Taking care of plants (m2)

Remark: *) example

TABLE 2

PLAN ON RECLAMATION COSTS IN EXPLORATION STAGE PERIOD OF YEAR: .... through….*)

NO. DESCRIPTION OF COSTS YEAR

2014*) 2015*) 2016*) 2017*) 2018*)

1. direct costs (Rp/US$)

a. costs to restore areas of land, consisting: 1) restoring the ground areas of land 2) backfilling the abandoned areas (ex-sites) of exploration 3) erosion control and water management

a. revegetation costs, consisting the costs of 1) analysis of soil quality 2) fertilization 3) seedlings 4) planting 5) taking care of the plants (crops)

SUBTOTAL 1 (Rp/US$)

2. Indirect costs (Rp/US$)

a. The costs of mobilizing and demobilizing equipment**1)

b. Reclamation planning costs**2)

c. administrative costs and margin for the third party that executes the reclamation in exploration stage **3)

d. Supervision costs*4)

SUBTOTAL 2 (Rp/US$)

TOTAL (Rp/US$)

Note: *) Example ** 1) 2.5% of direct costs or based on calculation ** 2) 2% - 10% of direct costs ** 3) 3% - 14% of direct costs ** 4) 2% - 7% of direct costs

MINISTER OF ENERGY AND MINERAL RESOURCES,

REPUBLIC OF INDONESIA,

Signed.

Jero Wacik

Copy as the original version Ministry of Energy and Mineral Resources (MEMR) Head of Bureau of Laws Signed. Susyanto

Appendix II

Regulation of the Minister of Energy and Mineral Resources

of the R.I.

Number 07 Year 2014

Concerning

Reclamation and Postmining in Mineral and Coal Mining Business Undertaking

Directives of Compiling Reclamation Plan of Prodction Operation Stage

Compiling Framework of Documents of Reclamation Plan of Production Operation Stage

A. Introduction

B. List of Contents

C. Principal Part

Chapter I Foreword


1. Status of holder of IUP or IUPK.

a. identity of holder of IUP or IUPK (name of business entity/cooperatives/individuals,

complete address, the party responsible for the plan or activities;

b. brief accounts of the status of licensing (number, date of issue, validity period, status of


2. Size of IUP or IUPK area and supporting facilities outside IUP or IUPK area (project area).

a. accounts of area size in IUP or IUPK planned for Production Operation activities and

supporting facilities.

b. accounts of the size of supporting facilities outside IUP or IUPK area used for supporting Production

Operation activities (project area).


Accounts of approval of Environmental Document from a competent agency (number, date, name of

agency).

4. Location and area accessibility.

a. brief accounts of location of Production Operation activities (village, sub-district,

regency/city, province, geographical position) complete with map of mine location with

map accuracy of minimal scale 1:25,000 (ratio of one to twenty-fie thousand);

b. brief accounts of transportation means from and to the location of Production Operation

activities.

5. Land use before and after the activities of Production Operation stage.

Accounts of land use before and after the activities of Production Operation had been carried out.

Chapter II Plan for Land Opening

This chapter covers the plan for land opening for a time span of 5 (five) years or in accordance with

the mine life which encompasses:

1. Mining area.

a. accounts of location and the spread of reserves, method of mining, mine life, equipment used,

location and the size of land used for Mining;

b. accounts of production plan, stripping ratio, etcetera.

2. Piling up.

a. accounts of location and the size of area used for:

1. piling up of rooting zone soil;

2. piling up of side rocks and/or covering soil/rocks inside and outside the mine.

b. accounts of size of land and location used for piling up mine commodities;

c. accounts of location and size of land used for piling up/storing of waste of supporting

facilities.

3. Roads

Accounts of location and size of land opened up for the construction of mine road and/or

transportation road.

4. Sedimentation pond

Accounts of location and size of land opened up for the construction of sedimentation pond.


Accounts of location and size of land opened up to be used for installations and processing and/or

refining facilities, office, housing (camp or flying camp), workshop and other supporting facilities.

Chapter III Reclamation Program

This chapter covers Reclamation program of Production Operation stage upon disturbed land for a period of

5 (five) years or in accordance with mine life made in details every year encompassing:

1. Land to be reclaimed.

Accounts of the stages of Reclamation activities at the location and the size of disturbed land to

be reclaimed which encompass:

a. land of ex mine;

b. piled up side rocks and/or soil/covering rocks outside the mine;

c. mine road and/or transportation road which is no longer in use; and

d. ex sedimentation pond; and

e. other supporting facilities.

2. The technique and equipment to be used in Reclamation.

Accounts of the technique and equipment used for land Reclamatio.

3. Land use

Accounts of the plan for land use activities at ex mine site and outside mine site, encompassing

location and size and accounts of type, location of the origin of material and the volume of filler

material (if back filling is done)

4. Revegetation

Accounts of the types of plants, and the number of plants, planting distance, location and the size of land

for revegetation.

5. Civil works in accordance with the allotment of Postmining land.

Accounts of land use activities including location and its size whose allotment is not for revegetation

(for example: settlement area, industrial estate, tourism and others).

6. Plan for utilization of voids;

Detailed accounts of the Reclamation plan on ex mine land in the form of voids which encompass:

a. slope stabilization;

b. safeguarding voids;

c. restoration and monitoring the quality of water and managing the water in voids in accordance with its

allotment; and


7. Maintenance

Accounts of the maintenance of land which had been reclaimed, fertilized, eradicated from pests and

plant disease and the endeavor to stabilize slopes.

Chapter IV Criteria of Success

Accounts of the criteria of Reclamation success encompass the success standard of land use, revegetation, ci

civil works and final accomplishment.

Chapter V Reclamation Financing Plan

This chapter contains plan of the required cost to reclaim a disturbed land made in details for each year for a

period of 5 (five) years or in accordance with mine life. The Reclamation cost is calculated based on:

1. Direct cost

Accounts of cost which needs to be calculated in compiling the Reclamation financing plan which

encompass:

a, cost of land use, comprising of cost of:

1) structuring of land .surface;

2) spreading of top soil;

3) erosion control and water management.

b. revegetation cost, comprising of cost of:

1) analysis of soil quality;

2) fertilizing;

3) seedling procurement;

4) planting;

5) plants care.

c. cost of preventing and tackling of mine acid water;

d. cost of civil works in line with the allotment of Postmining land; and/or

e. cost of using voids, comprising of cost of:

1) stabilizing of slopes;

2) safeguarding voids;

3) restoring and monitoring of water quality and managing water in voids in line with its allotment; and

4) maintenance of voids.

2. Indirect cost.

Accounts of cost which should be included in Reclamation calculation and as could as possible

determined with using the reference standard determined as follows:

a. cost of mobilization and demobilization of equipment of 2.% (two point five percent) of direct cost or

based on calculation.

b. cost of Reclamation planning of 2% (two percent) up to 10% (ten percent) of direct cost;

c. administration cost and profit of third party as contractor of Reclamation of Production Operation stage

of 3% (three percent) up to 14% (fourteen percent) of direct cost;

d. cost of supervision of 2% (two percent) up to 7% (seven percent) of direct cost.

3. Total cost

Accounts of direct total cost plus indirect cost and said cost should have taken into account the prevailing

tax and is made in rupiah and US dollar.


1. Situation map of land opening plan with map accuracy of minimal scale 1:10,000 (ratio of one to 10

thousand);

2. Situation map of Reclamation plan with map accuracy of minimal scale 1:10,000 (ratio of one to 10

thousand).

Remarks:

If the area is extremely wide and/or consists of several mining/production blocks, thereby unable to be

drawn in 1 (one) map for each year, they may be drawn in several sheets of map completed with index map.

D. List of Tables.

1. Table 1 Reclamation Plan of Production Operation Stage;

2. Table 2 Reclamation Financing Plan of Production Operation Stage.

TABLE 1 RECLAMATION PLAN IN STAGE OF OPERATION AND PRODUCTION

PERIOD OF YEAR: ... though ….*) NO. Description YEAR

2014*) 2015*) 2016*) 2017*) 2018*)

1. Land cleared (ha)

a. mining sites

b. areas outside mine sites: 1) backfilling the areas in rooting zone 2) backfilling with limestone and /or soil/ overburden 3) stockpile of mining commodities 4) stockpile/storage of wastes in supporting facilities 5) mining roads and / or road of transportation 6) pond of sediment 7) installation and facility of processing and / or refining (purification) 8) office and accommodation (camp or flying camp) 9) workshop 10) other supporting facilities

2. Mining

a. ex-mine sites (ha)

b. active front/ site of mining (ha)

c. volume of limestone and/or soil/ overburden to be removed (BCM or m3)

3. Backfilling

a. within ex-mine sites (ha)

b. outside ex-mine sites (ha)

c. volume to backfill the area of ex-mine sites (m3)

d. volume to backfill the area outside the ex-mine sites (m3)

4. Reclamation

a. To restore land areas: 1) to restore ground areas of land (ha) 2) to spread topsoil in rooting zone (ha) 3) erosion control and water management

1) a. Revegetation (ha): 1) analysis of soil quality (sample) 2) fertilization (ha) 3) supplying seedlings (in stems and / or kgs) 4) planting (in stems) 5) taking care of the plants or crops (ha)

2)

5.

Preventing and controlling acid mine drainage (samples)

6.

Civil work for post-mine purposes (in size of area)

7.

Plan to use the ex-mine pits (void]:

a. slope stabilization (ha)

b. securing ex-mine pits (void) (ha)

c. recovering and monitoring of water quality and water management in ex-mine pits (void) accordingly (based on purposes)

d. Taking care of ex-mine pits (void).

Note: *) Example

TABLE 2

PLAN ON RECLAMATION COSTS IN STAGE OF OPERATION AND PRODUCTION PERIOD OF YEAR: ... through …*)

NO. DESCRIPTION OF COSTS YEAR

2014*) 2015*) 2016*) 2017*) 2018*)

1.

Direct costs (Rp/US$)

a. costs to restore areas of land, comprising the costs of: 1) restoring the ground areas of land 2) spreading top soil 3) erosion control and water management

a. revegetation costs, comprising the costs of: 1) analysis of soil quality 2) fertilization 3) supplying seedlings 4) planting 5) taking care of the plants (crops)

c. the costs to prevent and control the acid mine drainage

d. the costs of civil work on areas of land in the post-mine era.

e. costs of utilizing the ex-mine pits (void), comprising the costs of : 1) slope stability 2) securing ex-mine pits (void) 3) recovering and monitoring of water quality and water management in the ex-mine pits (void) accordingly, or based on purposes

4) maintaining ex-mine pits (void)

SUBTOTAL 1 (RP/US$)

2. Indirect costs (Rp/US$)

a. costs of mobilization and demobilization of equipment**1)

b. cost of planning the reclamation**2)

c. administrative costs and margin for the third party that executes the reclamation in the stage of Operation and Production **3)

d. supervision cost**4)

SUBTOTAL 2 (RP/US$)

TOTAL (Rp/US$)

Note: *) Example ** 1) 2.5% of direct costs or based on calculation 2 **) 2% - 10% of direct costs ** 3) 3% - 14% of direct costs 4 **) 2% - 7% of direct costs

MINISTER OF ENERGY AND MINERAL RESOURCES


Signed.

Jero Wacik


Appendix III


Number: 07 Year 2014

Concerning

Reclamation and Postmining in Mineral and Coal Mining Business Undertaking

Directives on Compiling Postmining Plan

The Framework of Compiling the Document of Postmining Plan

A. Introduction

B. Abstract

C. List of Contents

D. Principal Part

Chapter I Foreword

1. Background, encompasses:

a. identity of holder of IUP or IUPK (name of business entity/cooperatives/individuals,

complete address, the responsible party for the plan or activities;

b. brief accounts of the legislative rules connected with Postmining activities; and

c. brief accounts if the status of licensing (number, date of issue, validity period, status of


2. Purpose and objectives.

3. Approach and scope.

Chapter II Area Profile

At least encompasses the following matters:

1. Location and area accessibility. .

a. brief accounts concerning location of Production Operation activities (village, sub-district,

regency/city, province and geographical position, completed with situation map of mine location

with map accuracy of minimal scale 1: 25,000 (ratio of one to twenty-five thousand); and

b. brief accounts concerning transportation means from and to the location of Production

Operation activities.

2. Ownership and land allotment:

Detailed accounts concerning the status of ownership and land allotment in the WIUP or WIUPK

completed with map of land allotment with minimal scale of 1 : 25,000 (ratio of one to twenty-five

thousand).

3. Initial environmental feature. Detailed accounts concerning the initial environmental feature estimated to be affected by the impact as well as analyzing the environmental component which gets the impact, encompassing:

a. land allotment;

b. morphology completed with map with map accuracy of minimal 1 : 25,000 (ratio of one to

twenty-five thousand)

c. surface water (of river, lake and swamp);

d. ground water;

e. aquatic and terrestrial biology; and

f. social, culture and economy (demography, livelihood, health, education, and so forth).

4. Other activities around mine.

Detailed accounts concerning other activities around the mine completed with situation map with

minimal scale of 1 : 25,000 (ratio of one to twenty-five thousand).

Chapter III Description of Mining Activities

1. Condition of initial reserve.

Detailed accounts concerning reserve of mine commodity at the initial activity and/or at the

time this document is compiled which encompass spreading, quantity, content and

classification and the geochemical characteristic of side rocks and/or covering soil/ rocks.

2. System and method of Mining

Detailed accounts concerning the system and method of Mining, preparation for Mining,

schedule of Mining, production level and mine life, handling of rooting zone soil, side rocks and/or

covering soil/rocks and mine acid water and the endeavor to control erosion and sedimentation.

3. Processing and/or refining

Detailed accounts concerning processing and/or refining activities of mine commodities

encompassing process, type and total of reagent use as well as total and endeavor in

handling tailings,

4. Supporting facilities

Detailed accounts concerning supporting facilities already and/or to be constructed, among

others office, mess room, warehouse, school, hospital/policlinic, laboratory, high voltage

transmission, oil fuel tanks, place of worship, bridge, road, water tank, port/pier, airport,

railroad track, cable line, pipeline, conveyor line, dam/dike, power plant, including

information of location, size, construction and completed with situation map with minimal

scale of 1 : 25,000 (ratio of one to twenty-five thousand).

Chapter IV Final Environmental Feature of Postmining Land

1. Condition of remaining reserves

Detailed accounts concerning the remaining reserves of mine commodity after mine life has

ended before abandoning the area.

2. Land allotment

Detailed accounts concerning land allotment after mine life has ended.

3. Morphology

Detailed accounts concerning the prediction of the final morphological condition after mine life

has ended.

4.Surface water and ground water

Detailed accounts concerning the prediction on the quality condition of river, lake and

swamp water and the condition of ground water after mine life has ended.

5. Aquatic and terrestrial biology.

a. detailed accounts concerning the predicted condition of aquatic and terrestrial flora

after the end of mine life; and

b. detailed accounts concerning the predicted condition of aquatic and terrestrial fauna

after the end of mine life.

6. Social, culture and economy

Detailed accounts concerning the prediction of the local community’s social, cultural and

economic condition after the end of mine life.

Chapter V The Result of Consultation with Stakeholders

Detailed accounts concerning consultation (response, suggestion, opinion and view) with

parties interested in Postmining plan, including the plan to transfer the management of mine

facilities to Stakeholders and the changing plan of land allotment.

Chapter VI Postmining Program

1. Reclamation on ex mine land and land other than ex mine.

a. ex mine site.

Detailed accounts concerning location plan and the size of ex mine site to be covered encompassing

activities of:

1) demolition of mine facilities;

2) Reclamation of land of ex mine facilities;

3) demolition and Reclamation of mine road;

4) Reclamation of ex surface mine land;

5) Reclamation of land of ex sedimentation pond; and

6) safeguarding all ex mine land with underground mine system which have the potential of danger

to humans (shaft, raise, stope, adit, decline, pit, tunnel, final void and so forth).

b. processing and refining facilities.

Detailed accounts concerning location plan and size of land at processing

and/or refining facilities encompassing the activities of:

1) demolition of processing and/or refining facilities;

2) Reclamation of land of ex processing and/or refining facilities;

3) Reclamation of ex tailings pond and the effort for its stabilization;

4) Reclamation of land of ex piling up of mine commodities; and

5) remediation of land contaminated with chemicals, oil, and hazardous and toxic material and

hazardous and toxic waste.

c. supporting facilities

Detailed accounts concerning location plan and the size of land and activities encompassing:

1) Reclamation of land of ex landfill;

2) demolition of ruins of buildings, power transmission, pipes, port (air and water) and other

facilities;

3) Reclamation of land of ex building, power transmission, pipes, port (air and water) and other

facilities;

4) dissembling of equipment, machinery, oil fuel and lubricant tanks;

5) handling of oil fuel, lubricant and chemical residue;

6) Reclamation of land of ex transportation means;

7) Reclamation of ex building and concrete foundation area; and

8) Remediation of land contaminated with chemicals, oil, as well as hazardous and toxic material

and hazardous and toxic waste.

2..Social, cultural and economic development.

a. accounts concerning the handling of reducing and terminating severance of employment,

nurturing, and assistance to employees for transfer of jobs; and

b. development of alternative business for the local community adjusted with the social, cultural

and economic program

3. Maintenance

Detailed accounts concerning the maintenance of ex mine site, land of ex processing and/or

refining facilities, and land of ex supporting facilities.

Chapter VII Monitoring

Detailed accounts concerning the program and procedure of monitoring, including location, method

and frequency of monitoring, recording the result of monitoring and its reporting concerning:

1. Physical stability.

Accounts concerning monitoring of slope stability, the safety of construction for erosion and

sedimentation control, piling up of covering material and other facilities.

2. Surface water and ground water.

Accounts concerning the monitoring of the quality of river water and well water around ex

mine location, monitoring well, water in ex mine and others.

3. Aquatic and terrestrial biology.

Accounts concerning the monitoring of aquatic and terrestrial flora and fauna.

4. Social, culture and economy.

Accounts concerning the monitoring of social, culture and economy (demography,

livelihood, health, education and others).

Chapter VIII Organization

Detailed accounts concerning:

1. Organization; and

2. The schedule for realizing Postmining.

Chapter IX Criteria of Success of Postmining

Accounts concerning the criteria of success to be achieved at Postmining activities, which

encompass the standard of success at ex mine site, processing and/or refining facilities, supporting

facilities and monitoring.

Chapter X Financial Plan of Postmining

This chapter contains the financial plan required to carry out Postmining work

The calculation of Postmining cost is comprised of:.

1. Direct cost

Accounts concerning the required cost calculated in the compiling of the Postmining

financial plan which encompasses:

a. cost at ex mine site is comprised of cost of:



3) demolition and Reclamation of mine road;

4) Reclamation of surface mine (pit, waste dump);

5) Reclamation of land of ex sedimentation pond;

6) safeguarding of all land of ex mine with underground mine system

which has the potential of danger to human (shaft, raise, stope, adit, decline, tunnel and others).

b. cost at processing and/or refining facilities is comprised of cost of:


2) Reclamation of land of ex processing and/or refining facilities;

3) Reclamation of land of ex tailings pond and the effort for its

stabilization;

4) Reclamation of land of ex dumping place of mine commodities;

5) Remediation of land contaminated with chemicals, oil and hazardous

and toxic material and hazardous and toxic waste.

c. cost at supporting facilities is comprised of cost of:

1) demolition of ruins, electricity transmission, pipes, ports (air and water) and other

facilities;

2) dissembling of equipment, machinery, and oil fuel and lubricant tanks;

3) Reclamation of land of ex landfill;

4) Reclamation of land of ex buildings, electricity transmission, pipes, ports (air

and water) and other facilities;

5) Reclamation of land of ex transportation means;

6) Reclamation of land of ex buildings and concrete foundation;


8) remediation of land contaminated with chemicals, oil, hazardous and toxic

material and hazardous and toxic waste.

d. social, cultural and economic development;

e. maintenance

f. monitoring

2. Indirect cost.

Accounts concerning cost which has to be included in Postmining calculation and as

could as possible established by using the reference standard determined as follows:

a. cost of mobilization and demobilization of equipment of 2.5% (two point five

percent) of direct cost or based on calculation;

b. planning cost of Postmining of 2% (two percent) up to 10% (ten percent) of

direct cost;

c. administration cost and profit of the third party as contractor of Postmining of

3% (three percent) up to 14% (fourteen percent) of direct cost; and

d. supervision cost of 2% (two percent) up to 7% (seven percent) of direct cost.

3. Total cost

Accounts concerning the total direct cost plus indirect cost and said cost should have

calculated the prevailing tax and is made in rupiah and US dollar.

E. List of Appendices

1. Situation map of initial feature, with minimal scale of 1 : 25,000 (ratio of one to

twenty-five thousand);

2. Situation map of mining location, with minimal scale of 1 : 25,000 (ratio of one to

twenty-five thousand);

3. Situation map of Postmining initial feature, with minimal scale of 1 : 25,000 (ratio

of one to twenty-five thousand);

4. Situation map of Postmining final feature plan, with minimal scale of 1 : 25,)))

(ratio of one to twenty-five thousand);

5. Monitoring location map, with minimal scale 1 : 10,000 (ratio of one to ten

thousand).

F. List of Tables

Postmining plan and cost.

TABLE

PLAN OF RECAPITULATION AND POST-MINE COSTS

NO. ACTIVITIES AREA COSTS (RP/US$) 1. Direct costs

a. costs of ex-mine sites, comprising the costs of:

1) dismantling the mine facilities 2) reclaiming the areas of ex-mine facilities (ha) 3) demolition and reclamation of mine road 4) Reclamation of open-pit mines (pits, waste dumps) (ha) 5) reclamation of ex-site of sediment pond (ha) 6) securing all areas of ex-sites of underground mines that are potentially harmful to humans (shaft, raise, stope, adit, decline, tunnel, etc.)

b. the costs of facilities of processing and/ or refining (purification), comprising the costs of: 1) dismantling the facilities of processing and/or refining (purification). 2) reclaiming the areas of ex-sites of facilities of processing and/or refining (purification) (ha) 3) reclaiming the areas of ex-sites of the ponds of tailings and stabilizing them (ha) 4) reclaiming the areas of ex-sites of stockpiles of mining commodities (ha) 5) recovering (remediation) of land areas contaminated with chemical, oil, and hazardous and toxic wastes.

c. the costs of supporting facilities, comprising the costs of:

1) reclaiming the ex-sites of landfill (ha) 2) dismantling the remaining construction of power transmission, pipelines, seaport and airport, and other facilities 3) reclaiming the ex-sites of power transmission, pipelines, seaport and airport, and other facilities (ha) 4) dismantling the equipment, machinery, and tanks of oil fuel and lubricant 5) treatment of residuals of oil fuel, lubricant, and chemical. 6) Reclaiming the ex-sites of facilities of transportation (ha) 7) Reclaiming the ex-sites of building and concretes of foundation (ha) 8) recovering (remediation) of land areas contaminated with chemical, oil, hazardous and toxic materials and wastes.

d. social, cultural, and economic development

e. maintenance

c. monitoring

SUBTOTAL 1 (Rp/US$) 2.

Indirect costs, comprising the costs of:

a. mobilization and demobilization of equipment *1)

b. post-mine plan**2)

c. administrative cost and margin for the third party as the post-mine executor **3)

d. supervision **4)

SUBTOTAL 2 (Rp/US$)

TOTAL (Rp/US$)

Note: ** 1) 2.5% of direct costs or based on calculation ** 2) 2% - 10% of direct costs ** 3) 3% - 14% of direct costs ** 4) 2% - 7% of direct costs

MINISTER OF ENERGY AND MINERAL RESOURCES REPUBLIC OF INDONESIA,

Signed.

Jero Wacik

Copy as the original version Ministry of Energy and Mineral Resources (MEMR) Head of Bureau of Laws Sign. Susyanto

APPENDIX IV DECREE OF MINISTER OF ENERGY AND MINERAL RESOURCES

REPUBLIC OF INDONESIA NUMBER 07 YEAR 2014

ABOUT RECLAMATION AND POST-MINE IMPLEMENTATION OF

MINERAL AND COAL MINING UNDERTAKINGS

PROCEDURE TO DEPOSIT POST-MINE FUNDS

Mine Life

(years)

1st Year 2nd Year

3rd Year

4th Year 5th Year

6th Year 7th Year

8th Year

9th Year

10th Year

11th Year

12th Year

13th Year

14th Year

15th Year

16th Year

17th Year

18th Year

19th Year

20th Year

1 1,000 - - - - - - - - - - - - - - - - - - -

2 1,000 - - - - - - - - - - - - - - - - - - -

3 1,000 - - - - - - - - - - - - - - - - - - -

4 0,500 0,500 - - - - - - - - - - - - - - - - - -

5 0,111 0,333 0,556 - - - - - - - - - - - - - - - : - -

6 0,063 0,187 0,313 0,437 - - - - - - - - - - - - - - - -

7 - 0,063 0,187 0,313 0,437 - - - - - - - - - - - - - - -

8 - 0,030 0,123 0,180 0,300 0,367 - - - - - - - - - - - - - -

9 - 0,028 0,030 0,102 0,173 0,300 0,367 - - - - - - - - - - - - -

10 - 0,020 0,028 0,04 0,092 0,153 0,300 0,367 - - - - - - - - - - - -

11 - - 0,020 0,055 0,095 0,163 0,177 0,225 0,265 - - - - - - - - - - -

12 - - 0,016 0,020 0,050 0,090 0,157 0,177 0,225 0,265 - - - - - - - - - -

13 - - 0,012 0,016 0,020 0,050 0,088 0,147 0,177 0,255 0,235 - - - - - - - - -

14 - - 0,010 0,030 0,050 0,063 0,080 0,100 0,130 0,150 0,180 0,207 - - - - - - - -

15 - - - 0,010 0,030 0,050 0,063 0,080 0,100 0,130 0,150 0,180 0,207 - - - - - - -

16 - - - 8,009 0,027 0,043 0,057 0,073 0,091 0,118 0,136 0,164 0,188 0,092 - - - - - -

17 - - - 0,008 0,025 0,042 0,053 0,067 0,083 0,108 0,125 0,150 0,173 0,083 0,083 - - - - -

18 - - - 0,008 0,023 0,038 0,048 0,062 0,077 0,100 0,115 0,138 0,159 0,077 0,077 0,078 - - - -

19 - - - 0,007 0,021 0,036 0,045 0,057 0,071 0,093 0,107 0,129 0,148 0,071 0,071 0,071 0,073 - - -

30 - - - 0,007 0,020 0,033 0,042 0,053 0,067 0,087 0,100 0,120 0,138 0,067 0,067 0,067 0,067 0,065 - -



Signed.

Jero Wacik

Copy as the original version Ministry of Energy and Mineral Resources (MEMR) Head of Bureau of Laws Signed.. Susyanto

Appendix V

The Regulation of the Minister of Energy and Mineral Resources of the R.I.

Number 07 Year 2014

Concerning Reclamation and Postmining in Mineral and Coal Mining Business Undertaking

Directives on Compiling a Report on the Realization of Reclamation of Exploration Stage

The framework of compiling a Report on the Realization of Reclamation of Exploration Stage:

A. Introduction

B. List of Contents

C. Principal Part

Chapter I Foreword


1. The status of IUP and IUPK holder.

a. identity of IUP and IUPK holder (name of business entity/cooperatives/individuals,

complete address, responsible person for plan and activities);

b. brief accounts concerning the status of licensing (number, date of issue, validity

period, status of PMA/PMDN IUP or IUPK).

2. Size of IUP or IUPK Area.

Accounts on the size of area in IUP or IUPK planned for Exploration.


Accounts on the approval of the Environmental Document from a competent agency

(number, date, name of agency).

Chapter II Land Opening

This chapter covers the realization of land opening of the reported year and the plan for land

opening of the running year encompasses:

1. Exploration Activities.

a. accounts concerning field activities which comprised of geological mapping,

topographical mapping, geophysical survey, geochemical survey, making test well,

test trench, drilling, tunnel construction, and others.

b. Accounts concerning the method employed (geological, geophysical such as impacted

polarization, self potential, seismic, gravity, geomagnetic, sounding, side scan sonar,

and others; geochemical of river sedimentation, soil and rocks, test trench, test well,

drilling) and equipment to use in Exploration activities;

c. Accounts concerning location and the size of land used to carry out activities at each

method.

2. Road

Accounts concerning location and the size of land opened for road construction.


Accounts concerning the size of land and the location opened to be used as housing (camp or

flying camp, workshop, and other supporting facilities.

Chapter III Realization of Reclamation

This chapter covers the realization of Reclamation of the reported year and the Reclamation

plan of the running year, which encompass:

1. Reclaimed land

Accounts concerning the stages of Reclamation activities at the location and the size of

disturbed land already reclaimed, encompasses:

a. structuring of land surface (ex Exploration activities and ex Exploration

supporting facilities;

b. re-filling of land ex Exploration activities (ex drill hole, drilling pond, test well

and test trench);


2. Technique and equipment used in Reclamation.

Accounts concerning the technique and equipment to be used for land Reclamation.

3.Revegetation

Accounts concerning the type of plants, the number of plants, planting distance, location, and the

size of land for revegetation.

4. Maintenance

Accounts concerning maintenance of land already reclaimed, fertilizing, as well as pest

and disease eradiation.

Recapitulation of the realization of Reclamation is presented in the form of table as referred

to in Table 1.

Chapter IV Reclamation Cost

This chapter contains the realization of Reclamation cost of the reported year, encompasses:

1.Cost of land structuring, comprised of cost of:

a. structuring of land surface;

b. filling of land of ex Exploration activities;


2. Cost of revegetation, comprised of cost of:

a. analysis of soil quality;

b. fertilizing;

c. procurement of seedlings;

d. planting;

e. caring of plants.


1. Table 1 Recapitulation of realization of Exploration stage Reclamation.

2. Table 2 Recapitulation of Reclamation cost of Exploration stage.

3. Realization map and land opening plan with map accuracy of minimal scale of 1 : 10,000

(ratio of one to ten thousand).

4. Realization map and Reclamation progress plan with map accuracy of minimal scale of 1 :

10,000 (ratio of one to ten thousand).

TABLE 1

RECAPITULATION ON THE IMPLEMEANTION OF RECLAMATION IN EXPLORATION STAGE

Year: 2014 *) NO.

DESCRIPTION CUMULATIVE THRU YEAR

20141

YEAR 2014*)

CUMULATIVE THRU YEAR

2014*)

1.

Land cleared (ha)

a. Areas of exploration activities: 1) drilling holes 2) drilling ponds 3) testing wells 4) testing trenches

a. areas outside the sites of exploration activities: 1) roads that are no longer used 2) other supporting facilities

that are no longer used

2.

Reclamation a. Restoring land areas: 1) restoring ground areas of land (m2): a) areas of ex-sites of exploration activities b) areas of ex-sites of supporting facilities of exploration (access roads of exploration, base camp, helipad, and / or workshop that are no longer used) 2) backfilling the ex-sites of exploration: a) ex-site of drilling holes b) ex-site of drilling ponds c) ex-site of testing wells d) ex-site of testing trenches

3) erosion control and water management

b. Revegetation (m2): 1) analysis of soil quality (sample) 2) fertilization (m2) 3) supplying seedlings (in stems and /or in kg) 4) planting (in stems) 5) taking care of the plants or crops (m2)

Note: *) Example

Table 2

RECAPITULATION ON RECLAMATION COSTS IN EXPLORATION STAGE YEAR

NO. DESCRIPTION OF COSTS YEAR 2014 *)

PLAN REALIZATION

1.

Direct costs (Rp/US$)

a. restoring the areas of land, comprising the costs of: 1) restoring the ground areas of land 2) backfilling the ex-site of exploration 3) erosion control and water management

a. revegetation, comprising the costs of: 1) analysis of soil quality 2) fertilization 3) supplying seedlings 4) planting 5) taking care of the plants (crops)

SUBTOTAL 1 (RP/US$)

2.

Indirect costs (Rp/ US$)

a. the cost of mobilization and demobilization of equipment

b. cost of reclamation plan

c. administrative cost and margin for the third party that executes the reclamation in the stage of exploration

d. supervision cost

SUBTOTAL 2 (RP/US$)

TOTAL (RP/US$)

Note: 1 Example



Signed.

Jero Wacik

Copy as the original version

Ministry of Energy and Mineral Resources (MEMR) Head of Bureau of Laws Signed. Susyanto

APPENDIX VI DECREE OF MINISTER OF ENERGY AND MINERAL RESOURCES


ABOUT RECLAMATION AND POST-MINE IMPLEMENTATION OF MINERAL AND COAL MINING UNDERTAKINGS

CRITERIA OF THE SUCCESS OF RECLAMATION IN EXPLORATION STAGE

NO. RECLAMATION

ACTIVITIES OBJECT OF ACTIVITY

PARAMETERS PLAN REALIZATION/APPRAISAL

STANDARD OF SUCCESS

EVALUATION

1.

Restoring Land

Restoring the ground areas of land

Size of areas restored

... (m2)

... (m2)

As planned

Backfilling the ex-sites of exploration

a. ex-site of drilling holes

... (m2)

... (m2)

As planned or beyond

b. ex-site of drilling ponds

... (m2)

... (m2)


c. ex-site of testing wells

... (m2)

... (m2)


d. ex-site of testing trenches

... (m2)

... (m2)


Spreading topsoil in rooting zone

a. areas of spreading

... (m2)

... (m2)

• Good (if more than 90 percent of the total areas impacted by the exploration activities); • Moderate (if 75 percent -90 percent of the total areas impacted by the exploration activities)

b. pH of soil

Good(5-6); Moderate (4,5 -

<5);

Erosion control and water management

a. drainage

No erosion and active sedimentation within the restored areas

b. structures (constructions) to control erosion

No paths of erosion

2.

Revegetation

Planting

a. areas of planting 1) cover crops 2) rapidly growing plants (crops) 3) local plants (crops)

... (m2)

... (m2)

As planned

b. the growth of plants (crops) 1) cover crops 2) fast-growing plants (crops) 3) local plant (crops)

• Good (ratio of growth > 80 percent; • Medium (ratio of growth from 60 percent to 80 percent);

3.

Finalizing

Canopy coverage

> 80 percent

Maintenance

a. Fertilization

Based on dosages

b. control of weeds, pests, and diseases

Based on the result of analysis



Signed.

Jero Wacik


APPENDIX VII DECREE OF MINISTER OF ENERGY AND MINERAL RESOURCES


ABOUT RECLAMATION AND POST-MINE IMPLEMENTATION OF MINERAL AND COAL MINING UNDERTAKINGS

GUIDELINE ON THE APPRAISAL OF RECLAMATION IN EXPLOATION STAGE

NO. DESCRIPTION OF ACTIVITY PORTION (%)

RESULT OF APPRAISAL (%)

1.

Restoring areas of land :

a. restoring the ground areas of land and backfilling the ex-sites of exploration

40

b. spreading topsoil in rooting zone 10

c. erosion control and water management

10

2.

Revegetation (size of area and growth)

a. cover crops 5

b. fast-growing plants (crops) 10

c. local plant (crops) 5

3.

Finalizing

a. Canopy coverage 10

b. Maintenance 10

TOTAL 100



Signed.

Jero Wacik

Copy as the original version Ministry of Energy and Mineral Resources (MEMR) Head of Bureau of Laws

Signed Susyanto

APPENDIX VIII

DECREE OF MINISTER OF ENERGY AND MINERAL RESOURCES REPUBLIC OF INDONESIA

NUMBER 07 YEAR 2014 ABOUT

RECLAMATION AND POST-MINE IMPLEMENTATION OF MINERAL AND COAL MINING UNDERTAKINGS

OFFICIAL REPORT ON APPRAISAL OF RECLAMATION SUCCESS

IN EXPLORATION STAGE

Permit of Mining Undertakings (IUP) or Special Permit of Mining Undertakings IUPK ...

… Regency, … Province

Today, on the date of ..., in the month of … and in the year of …, we, the undersigned, 1. Name : ............................. NIP : ............................. Unit of Work : ............................. 2. Name : ............................. NIP : ............................. Unit of Work : ............................. 3. and so on in accordance with the letter of assignment number ... dated ..., have evaluated the implementation of the reclamation and revegetation in the year ... of the mining activities of Mineral / Coal of IUP or IUPK ... in …. Regency, … Province. Based on the results of evaluation in the field, the holder of IUP or IUPK ... has fulfilled its obligations to carry out the activities of reclamation and revegetation in the year …, but there is still a need to … . Thus, based on the results of evaluation over the implementation of the reclamation in the year .... it will be concluded as follows:

Description YEAR

2014*) 2015*) 2016*)

The Success of Reclamation (%)

The Rest (%)

(results of estimation attached) That is all about this Official Report, which is intended To Whom It May Concern.

……(place), …….(date)

Audit Team of the Implementation of Warranted Reclamation

Work Unit ......

Name Name NIP NIP

Work Unit ...

Name Name NIP NIP

IUP or IUPK ......

Name and Job title Name and Job title Note: *) Example



Signed.

Jero Wacik

Copy as the original version Ministry of Energy and Mineral Resources (MEMR) Head of Bureau of Laws Signed

Susyanto

Appendix IX


Number 07 Year 2014

Concerning

The Realization of Reclamation and Postmining

in Mineral and Coal Mining Business Undertaking

Directives on the Compiling of Report on the Realization

of Reclamation of Production Operation Stage

Framework of the Compiling of Report on the Realization

of Reclamation of Production Operation Stage

A. Introduction

B. List of Contents

C. Principal Part

Chapter I Foreword


1. The status of the IUP or IUPK holder.

a. identity of IUP or IUPK holder (name of business entity/cooperatives/individuals,

complete address, the responsible person for plan and activities;

b. brie accounts concerning the status of licensing (number, date of issue, validity period,

status of PMA/PMDN IUP or IUPK.

2. The size of IUP or IUPK area and supporting facilities other than in the IUP or IUPK area

(project area).

a. accounts of the size of area in IUP or IUPK planned for the activities of Production

Operation and supporting facilities;

b. accounts on the size of supporting facilities other than in the IUP or IUPK area used for

supporting the Production Operation activities (project area).

3. Approval of the Environmental Document;

Accounts on the approval of the Environmental Document from the competent agency (number,

date, name of agency).

Chapter II Land Opening

This chapter covers the realization of land opening of the reported year and the plan for land opening

of the running year, encompasses:

1. Mining area:

a. accounts concerning location and the size of land opened;

b. accounts concerning the plan and realization of production, stripping ratio, and so on.

2. Pile

a. accounts concerning location and the size of land used for:

1) piling up of rooting zone soil;

2) piling up of side rocks and/or covering soil/rocks inside and outside the mine.

b. accounts concerning location and the size of land used for piling up of mine commodities;

c. accounts concerning location and size of land used for piling up and storing waste of

supporting facilities.

3. R o a d

Accounts concerning location and the size of land opened for the construction of mine road and/or

transport road.

4. Sediment pond

Accounts concerning location and size of land opened for the construction of sediment pond and

erosion controlling means.

5. Supporting facilities

Accounts concerning the size of land opened to be used as processing and/or refining installation and

facilities, office, housing (camp or flying camp, workshop, and other supporting facilities).

Chapter III Realization of Reclamation

This chapter covers the realization of Reclamation of the reported year and the obligation of

Reclamation which is not yet completely realized which encompass:

a. ex mine land;

b. pile of side rocks and/or covering soil/rocks outside the mine.

c. Mine road and/or transport road no longer in use;

d. Ex sediment pond;

e. Other supporting facilities.

2. Technique and equipment used in Reclamation.

Accounts concerning technique and equipment used in land Reclamation.

3. Land structuring.

Accounts concerning the activities of land use on ex mine land and other than ex mine,

encompasses location and size as well as accounts concerning type, location of origin of

material, and the volume of the source of filling material (if backfilling is done).

4. Revegetation

Accounts concerning the type of plants and the number of plants, planting distance, location and the

size of revegetated land.

5. Civil works in accordance with the allotment of Postmining land.

Accounts concerning activities of land use including location and its size whose allotment is not

for revegetation (for example: settlement area, industrial estate, tourism and so on).

6. Utilization of voids.

Detailed accounts concerning Reclamation on ex mine land in the form of voids which

encompass:

a. slope stabilization;


c. restoration and monitoring of water quality as well as management of water in voids in

accordance with its allotment; and


7. Maintenance

Accounts concerning maintenance of reclaimed land, fertilizing, eradication of pests and plant

disease, as well as the effort of safeguarding slope stability.

Recapitulation on the realization of Reclamation is presented in the form of tables as referred to

in Table 1.

Chapter IV Reclamation Cost

This chapter contains the realization of Reclamation cost of the reported year, encompasses:

1.Cost of land use, comprising cost of:

a. structuring land surface;

b. spreading of top soil;


2. Cost of revegetation, comprising cost of:

a. analysis of land quality;

b. fertilizing;

c. seedling procurement;

d. planting;

e. plants care.

3. Cost of preventing and handling of mine acid water.

4. Cost of civil works in accordance with the allotment of Postmining land.

5. Cost of utilizing voids, comprising cost of:

a. stabilizing slope;


c. restoration and monitoring of water quality as well as management of water in voids in accordance

with its allotment;



1. Table 1 Recapitulation on the Realization of Reclamation of Production Operation stage.

2. Table 2 Recapitulation of Reclamation Cost of Production Operation stage.

3. Realization map and land opening plan with map accuracy of minimal scale 1 : 10,000 (ratio of

one to ten thousand).

4. Realization map and reclamation progress plan with map accuracy of minimal scale 1 : 10,000

(ratio of one to ten thousand).

5. Map of satellite imaging of Reclamation progress (for metallic mineral and coal)

TABLE 1

RECAPITULATION OF THE IMPLEMENTATION OF RECLAMATION IN STAGE OF OPERATION AND PRODUCTION

Year: 2014 *)

No. Description Cumulative thru 2014 *)

Year 2014*)

Cumulative thru 20141*)

1.

Land cleared (ha):

a. mining area

b. area outside mining site: 1) backfill of topsoil in rooting zone 2) backfill of limestone and / or topsoil / overburden 3) stockpile of mining commodities 4) storage of wastes in supporting facilities 5) mining road and / or road of transportation 6) sediment (settling) pond 7) installation and facilities of processing and / or purification 8) office and accommodation (camp or flying camp) 9) workshop 10) other supporting facilities

2.

Mining:

a. ex-mine sites (ha)

b. active front/ mine site (ha)

c. volume of limestone and / or topsoil / overburden removed (BCM or m3)

TABLE 2

RECAPITULATION OF RECLAMATION COSTS IN STAGE OF OPERATION AND PRODUCTION

YEAR 2014 *)

No. Description of costs Year 2014*)

Plan Realization

1.

Direct costs (Rp/US$):

a. the costs to restore land areas, comprising the costs of:

1) restoring the ground area of land

2) spreading topsoil 3) erosion control and water management

b. the costs of revegetation, comprising the costs of: 1) analysis of soil quality 2) fertilization 3) seedlings 4) planting 5) taking care (treatment) of plants

c. the costs to prevent and control the acid-mine drainage

d. the cost of civil engineering in the post-mine period.

e. the costs of utilizing the ex-mine pits (voids), comprising the costs of: 1) stabilizing the slopes 2) securing the ex-mine pits (void) 3) restoring and monitoring the water quality and water management in the ex-mine pits (voids) accordingly (based on the purpose) 4) taking care (treatment) of the ex-mine pits (void)

SUBTOTAL 1 (RP/US$)

2 Indirect costs (Rp/US$):

a. the cost to mobilize and demobilize equipment

b. the cost to plan the reclamation

c. the cost of administration and the margin for the third party that will implement the reclamation in the stage of operation and production.

d. the cost of supervision

Subtotal 2 (Rp/US$)

TOTAL (Rp/ US$)

Note: * l) Example


Signed.

Jero Wacik Copy as the original version Ministry of Energy and Mineral Resources (MEMR) Head of Bureau of Laws Signed. Susyanto

APPENDIX X



THE IMPLEMENTATION OF RECLAMATION AND POST-MINE ACTIVITIES OF MINERAL AND COAL MINING

SUCCESS CRITERIA OF RECLAMATION IN STAGE OF OPERATIONS AND PRODUCTION

No. Reclamation

activities Activities Parameter Plan

Realization/ rating

Standard of success

Evaluation

1.

Restoring the areas of land

Restoring the surface areas of land Backfilling the areas of ex-mine sites

a. area to restore

... (ha)

... (ha)

As planned

b. stability of areas of backfilling

Not available

a. area of backfilling

... (ha)

... (ha)


b. stability of areas of backfilling

Not available

Spreading topsoil in rooting zone

a. size of area of spreading

... (ha)

... (ha)

• Good (more than 75 percent of the total area of ex-mine sites); • Moderate (50 percent -75 percent of the total area of the ex-mine sites)

b. pH of soil

• Good (5 -6); • Moderate (4.5 -<5).

Erosion control and water management

a. drainage

Neither erosion nor sedimentation occurs in the restored areas of land

b. structures for erosion control

No occurrence of erosion

2.

Revegetation

Planting

a. area of planting 1. cover crops 2. fast-growing plants 3. local plants

...(ha)

... (ha)

As planned

b. the growth of plants 1. Cover crops 2. Fast-growing plants 3. Local plants

...(ha)

...(ha)

• Good (ratio of growth > 80 percent; • Medium (ratio of growth at 60-80 percent);

Management of materials that trigger acid-mine drainage

a. material management

As planned

b. structures to control erosion

No occurrence of erosion

c. pond of sediment (settling)

Quality of out-flowed water is in compliance with Environmental Quality Standard

3.

Finishing

Canopy closure

> 80 percent

Maintenance

a. fertilization

In accordance with the required dosages

b. control of weeds, pests, and diseases

The control based on analysis

c. stitching

In accordance with the number of dead plants



Signed.

Jero Wacik Copy as the original version Ministry of Energy and Mineral Resources (MEMR) Head of Bureau of Laws

Signed. Susyanto

APPENDIX XI




PROCEDURE OF ASSESSMENT OF THE RECLAMATION

IN STAGE OF OPERATION AND PRODUCTION

No. Description of activity Portion (%) Result of assessment

(%)

1.

Land restoration:

a. restoring the ground areas of land and backfilling the ex-mine sites

40

b. spreading topsoil in rooting zone

10

c. erosion control and water management 10

2.

Revegetation

a. planting the cover crops 2,5

b. planting the fast-growing plants

7,5

c. planting the local species of plants

5

d. controlling acid-mine drainage

5

3.

Finishing

a. Canopy closure

10

b. Treatment

10

TOTAL

100



Signed.

Jero Wacik Copy as the original version Ministry of Energy and Mineral Resources (MEMR)

Head of Bureau of Laws Signed. Susyanto

APPENDIX XII




OFFICIAL REPORT ON THE ASSESSMENT OF RECLAMATION SUCCESS

IN STAGE OF PRODUCTION AND OPERATIONS

Permit of Mining Undertakings (IUP) or Special Permit of Mining Undertakings (IUPK) ........Regency, ……….Province

Today …… on the date of ………in the month of ………..and in the year of ………, we, the undersigned below, 1. Name : ... NIP : .... Unit of Work: .... 2. Name : ... NIP : .... Unit of Work: .... 3. and so on, in accordance with the letter of assignment ...... number ..... dated ....., have evaluated the implementation of the reclamation and revegetation of the year ...... in the areas of mining of mineral/coal of IUP or IUPK ... in …… Regency, ….... Province. Based on the field result of evaluation, the holder of IUP or IUPK of ..... has fulfilled its obligation to carry out the reclamation and revegetation of the year ……, but there is still something that needs to be done. The result of evaluation of the implementation of Reclamation in the year ..... can be summed up as follows:

Description YEAR

2014*) 2015*) 2016*)

The success of reclamation (%)

The remaining (%)

(result of calculation attached) That is all about this Official Report that can be used for Whom It May Concern.

(place, date)

Team of Audit for the Implementation of Reclamation Work Unit ...

Name : ……………………………. NIP :……………………………..

Name : ……………………………. NIP :……………………………..

Work Unit ...

Name : ……………………………. NIP :……………………………..

Name : ……………………………. NIP :……………………………..

IUP or IUPK .........

Name : ……………………… Job title : ………………………

Name : ………………………….. Job title : …………………………..

Note: *) Example


Signed.


Appendix XIII


Number : 07 Year 2014

Concerning

The Realization of Reclamation and Postmining

in Mineral and Coal Mining Business Undertaking

Directives on Compiling a Quarterly Report on the Realization of Postmining

The Framework of Compiling a Quarterly Report on the Realization of Postmining:

A. Introduction

B. List of Contents

C. Principal Part

Chapter I Foreword

Brief accounts concerning the progress of Postmining work at the reporting period and overall

evaluation on the result of Postmining work as well as interested parties involved.

Chapter II Realization of Postmining

1. Reclamation on ex mine land and land other than ex mine.

a. ex mine site

Detailed accounts concerning the realization of Postmining, location, and size of

land includes in it the technical data (table, graph, design illustration, and data on

the equipment used) which encompass:



3) Demolition and Reclamation of mine road;

4) Reclamation of land of ex surface mine;

5) Reclamation of land of ex sediment pond; and

6) Safeguarding of all land of ex mine with underground system which has

the potential danger to human (shaft, raise, stope, adit, decline, pit,

tunnel, final void and so forth).

b. processing and/or refining facilities.

Detailed accounts concerning the realization of Postmining, location, and size of land

includes in it the technical data (table, graph, design illustration, and data of equipment used) which

encompass:


2) Reclamation of land of ex processing and/refining facilities;

3) Reclamation of land of ex tailings pond and the effort for its

stabilization;

4) Reclamation of land of ex pile of mine commodities; and

5) Remediation of land contaminated by chemicals, oil, as well as

hazardous and toxic material and hazardous and toxic waste;

c. supporting facilities

Detailed accounts concerning location and size of land as well as activities (with technical

data) which encompass:

1) Reclamation of land ex landfill;

2) Demolition of ruins, power transmission, pipes, ports (air and water) and

other facilities;

3) Reclamation of land ex buildings, power transmission, pipes, ports (air

and water) and other facilities;

4) dissembling of equipment, machinery, oil fuel and lubricant tanks;


6) Reclamation of land ex transportation means;

7) Reclamation of land ex buildings and concrete foundation; and

8) Remediation of land contaminated by chemicals, oil, as well as

hazardous and toxic material and hazardous and toxic waste.

2. Social, cultural and economic development.

a. brief accounts concerning the handling, reducing and severance of employment,

nurturing, and assistance for job transfer for employees;

b. development of alternative business for the local community adjusted to the

social, cultural and economic program.

3. Maintenance.

Detailed accounts concerning the maintenance of ex mine site, land ex processing and/or

refining facilities and land of ex supporting facilities.

Chapter III Monitoring

1. Physical stability

The result of monitoring of slope stability, safety of erosion and sedimentation

control building, piling up of covering material, and other facilities as well as detailed

accounts of the evaluation toward said condition.

2. Surface water and ground water.

The result of monitoring the quality of river water, well water around ex mine

location, monitor well, water in ex mine ponds, and so forth as well as detailed

accounts of evaluation upon the result of said monitoring.

3. Aquatic and terrestrial biology

Result of monitoring aquatic and terrestrial flora and fauna including location, nature,

method and frequency of monitoring.

4. Social, culture and economy

Result of monitoring social, culture, and economy (demography, livelihood, health,

education, etcetera).

Chapter IV Organization and Cost

1. Organization

Detailed accounts concerning the organizational structure, involvement of workforce,

and his/her competence.

2. Cost

Detailed accounts concerning cost spent at the reporting period compared with plan.

Recapitulation of cost of the realization of Postmining is presented in the form of

tables as referred to in the Table.


1. Progress map of Postmining wit minimal scale of 1 : 25,000 (ratio of one to twenty-

five thousand).

2. Monitoring Location map with minimal scale of 1 : 10,000 (ratio of one to ten

thousand).

3. Connected documents (such as the result of laboratory analysis).

E. List of Tables

Recapitulation of Postmining realization cost

TABLE

RECAPITULATION OF THE COSTS OF POST-MINE ACTIVITIES

NO ACTIVITIES AREA COSTS (Rp/US$)

1.

Direct costs

a. costs for ex-mine sites, comprising the costs of: 1) dismantling mine facilities 2) reclaiming or restoring the areas for the facilities in the ex-mine sites (ha) 2) demolition and reclamation of mine road 3) reclamation of open-pit mine (pits, waste dumps) (ha) 5) reclamation of ex-site of settling pond (ha) 6) securing all the areas of ex underground mine sites that are potentially harmful to humans (shaft, raise, stope, adit, decline tunnel, etc.)

b. costs for the facilities of treatment and / or purification, comprising the costs of: 1) demolition of the facilities of processing and / or purification 2) reclamation of the ex-sites of the facilities of treatment and / or purification (ha) 3) reclamation of the ex-site of tailings pond and stabilization (ha) 4) reclamation of the ex-site of stockpile of mining commodities (ha) 5) remediation of land area that is contaminated with chemicals, oil and hazardous and toxic wastes.

c. costs of supporting facilities, comprising the costs of: 1) reclamation of the ex-site of landfill (ha) 2) dismantling the remaining structures of power transmission, pipelines, seaport and airport, and other facilities 3) reclamation of the ex-sites of power transmission, pipelines, seaport and airport, and other facilities 4) dismantling the equipment, machinery, and the tanks of oil fuel and lubricant. 5) treatment of residual oil fuel, lubricant and chemicals 6) reclamation of the ex-sites of transportation facilities (ha) 7) reclamation of the ex-sites of building and concrete foundation (ha) 8) recovery or remediation of the land areas contaminated with chemicals, oils, and hazardous and toxic wastes.

d. social, cultural, and economic development.

e. treatment or maintenance

f. Monitoring

SUBTOTAL 1 (RP/US$)

2.

Indirect costs , comprising the costs of:

a. mobilization and demobilization of equipment

b. post-mine planning

c. administration and margin for the third party as the executor of the implementation of post-mine activities.

d. supervision

SUBTOTAL 2 (RP/US$)

TOTAL (RP/US$)


Signed.


APPENDIX XIV




CRITERIA OF THE SUCCESS OF POST-MINE ACTIVITES

No. Reclamation

activities ACTIVITIES Plan

Realization/rating

Standard of success of post-mine

planning

Result of Evaluation

1.

Ex-mine sites

a. Dismantling the mine facilities

Mine facilities have been fully dismantled based on the plan in the document of RPT

b. Reclamation of the ex-sites of mining facilities

(ha)

(ha)

Reclamation of the whole areas has been realized based on the plan in the document of RPT

c. Demolition and reclamation of mine road

The road has been demolished and reclaimed based on the plan in the document of RPT

d. Reclamation of open-pit mine (pits, waste dumps)

(ha)

(ha)


e. Reclamation of the ex-sites of settling ponds

(ha)

(ha)


f. Securing all the areas of the ex-sites of underground mining that are potentially harmful to humans (shafts, reuse, stope, adit, decline, tunnel, etc.)

The whole areas of open-pit mining have been secured based on the plan in the document of RPT

2.

Facilities of processing and / or purification

a. Dismantling the facilities of processing and / or purification

All the facilities of processing and / or purification have been dismantled based on the plan in the document of RPT

b. Reclamation of the ex-sites of the facilities of processing and / or purification

(ha)

(ha)

The whole areas of the ex-sites of the facilities of processing have been reclaimed based on the plan in the document of RPT

c. Reclamation of the ex-sites of the ponds of tailings and the stabilization

(ha)

(ha)

The whole areas of the ex-sites of the ponds of tailings have been reclaimed and successfully stabilized.

d. reclamation of the ex-sites of the stockpiles of mining commodities

(ha)

(ha)

The whole areas of the ex-sites of the stockpiles of concentrates have been reclaimed based on the plan in the document of RPT

e. Recoveries or remedies of the soils that have been contaminated with chemicals, oils, and hazardous and toxic wastes.

Remediation programs has been implemented successfully

3.

Supporting facilities

a. Reclamation of the ex-sites of landfills

The ex-sites of landfills have been fully reclaimed based on the plan in the document of RPT

b. Dismantling the remaining structures of buildings, power transmission, pipelines, seaport and airport, and other facilities

The remaining structures of buildings, power transmission, pipelines, seaport and airport, and other facilities have been fully dismantled based on the plan in the document of RPT

c. Reclamation of the ex-sites of the remaining structures of buildings, power transmission, pipelines, seaport and airport, and other facilities.

The ex-sites of the remaining structures of buildings, power transmission, pipelines, seaport and airport, and other facilities have been fully reclaimed based on the plan in the document of RPT .

d. Dismantling the equipment, machinery, and tanks of oil fuel and lubricant.

The equipment, machinery, and tanks of oil fuel and lubrication have been fully dismantled based on the plan in the document of RPT .

e. Treatment of waste lubricants and chemicals.

(ha)

(ha)

The program on the treatment of waste lubricants and chemicals has been fully carried out as planned.

f. Reclamation of the ex-sites of transportation facilities.

The ex-sites of transportation facilities have been reclaimed based on the plan in the document of RPT

g. Reclamation of the ex-sites of building and concrete foundations

(ha)

(ha)

The ex-sites of building concrete foundations have been fully reclaimed based on the post-mine plan.

h. restoration or remediation of the land area (soil) that is contaminated with chemicals, oils, and hazardous materials and hazardous and toxic waste

Remediation programs has been implemented successfully

4.

Social, cultural, and economic development

Carried out in accordance with the program under the post-mine plan.

5.

Maintenance

6.

Monitoring

a. the quality of water on the surface areas

The water quality has met the criteria of success as cited in the document of RPT

b. The quality of sea water


c. The quality of ground water


d. The quality of air

The air quality has met the criteria of success as cited in the document of RPT

e. Noise

The level of noise has met the criteria of success as cited in the document of RPT.

f. The quality of soil

The soil quality has met the criteria of success as cited in the document of RPT.



Signed.

Jero Wacik Copy as the original version Ministry of Energy and Mineral Resources (MEMR) Head of Bureau of Laws

Signed. Susyanto

APPENDIX XV




GUIDELINE OF ASSESSMENT OF POST-MINE ACTIVITIES

NO. DESCRIPTION OF ACTIVITY RATING

1.

Ex-mine Sites:

a. Demolition or dismantling

b. Reclamation

c. Securing all the ex-sites of mining that are potentially harmful.

2.

Facilities of Processing and/or Purification:


b. Reclamation

c. Recovery or remediation of contaminated land area (soil)

3.

Supporting facilities


b. Reclamation

d. Recovery or remediation of contaminated land area (soil)

4.

Social, cultural, and economic development

5. Maintenance

6. Monitoring


Signed.

Jero Wacik Copy as the original version Ministry of Energy and Mineral Resources (MEMR) Head of Bureau of Laws Signed.

Susyanto

APPENDIX XVI




OFFICIAL REPORT ON THE ASSESSMENT OF SUCCESS OF POST-MINE ACTIVITIES

IUP or IUPK

........ Regency, ……….Province

Today …… on the date of ………in the month of ………..and in the year of ………, we, the undersigned below, 1. Name : ... NIP : .... Unit of Work: .... 2. Name : ... NIP : .... Unit of Work: .... 3. and so on, in accordance with the letter of assignment ...... number ..... dated ....., have evaluated the implementation of the reclamation and revegetation of the year ...... in the areas of mining of mineral/coal of IUP or IUPK ... in …… Regency, ….... Province. Based on the field result of evaluation, the holder of IUP or IUPK of..... has fulfilled its obligation to carry out the reclamation and revegetation of the year ……, but there is still something that needs to be done. The result of evaluation of the implementation of Reclamation in the year ..... can be summed up as follows:

DESCRIPTION

POST-MINE PERIOD (YEAR)

1* 2* etc*

I II III IV I II III IV I II III IV

Portion of post-mine success (%)

Remaining portion (%)

(result of calculation attached) That is all about this Official Report that can be used for Whom It May Concern.

(place, date) Team of Audit for the Implementation of Reclamation

Work Unit ...

Name : ……………………………. NIP :……………………………..

Name : ……………………………. NIP :……………………………..

Work Unit ...

Name : ……………………………. NIP :……………………………..

Name : ……………………………. NIP :……………………………..

IUP or IUPK .........

Name : ……………………… Job title : ………………………

Name : ………………………….. Job title : …………………………..

Note: *) Example


Signed.


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