Mining and Forest Reclamation Absolute Rules

Mar 17, 2023

The government implements a mining management policy based on a rehabilitation pattern. The implementation of this rehabilitation pattern is needed to reduce the effects of mining which have an impact on the sustainability of living things. This means Natural Resources that have been explored and exploited need to be rehabilitated to prevent the negative effects of mining activities.

In 2009, Law No.4 of 2009 was issued concerning reclamation and post-mining obligations that must be done by the Mining Business Permits (IUP) and Special Mining Business Permits (IUPK) holders. Article 100 of the Law states that IUP and IUPK holders are required to prepare reclamation and post-mining guarantee funds. If the IUP and IUPK holders do not carry out the reclamation according to the approved plan, then the minister, governor or regent/mayor according to their authority can stipulate third parties to carry out reclamation and post-mining activities with the guarantee fund.

In addition, the Ministry of Forestry and the Environment (LHK) has also issued guidelines for forest land use as stipulated in the Regulation of the Minister of Environment and Forestry Number P.27/MENLHK/SETJEN/KUM.1/7/2018. This Ministerial Regulation states that Forest Borrow-Use Permit (IPPKH) holders, including mining companies, are obligated to carry out forest reclamation and watershed rehabilitation.

Reclamation activities in operational areas must be carried out in ex-land clearing areas where there is no longer mining activity or in areas where mining operations support facilities were constructed with the following stages: land management, erosion and sedimentation control, and revegetation and maintenance. As for the reclamation of the IPPKH area where there are no activities, it is mandatory to carry out reclamation activities by planting superior plant species at the location of the IPPKH reclamation area and it is mandatory to carry out land rehabilitation in the watershed area.

In April 2019, the Ministry of LHK tried to synergize with the Ministry of Energy and Mineral Resources (ESDM) marked by the signing of a Memorandum of Understanding (MoU) on Improving Coordination in LHK and ESDM Sector Task Implementation. This MoU is a commitment that the two ministries will work together to synergize their respective tasks and functions based on the principles of cooperation, coordination, and mutual assistance, especially in an effort to increase mining productivity while maintaining environmental balance.

Then, on June 10, 2020, Law No. 3 of 2020 was issued to improve Law No. 4 of 2009. Before Law No. 3 of 2020 was enacted, the government could only give administrative sanctions to business actors. However, after the issuance of this Law, former mining permit holders still must carry out reclamation and post-mining with a 100% success rate. Because based on this latest law, former IUP and IUPK holders whose licenses are revoked or expired but do not carry out reclamation/post-mining or do not place a reclamation/post-mining guarantee fund can be punished with a maximum imprisonment of 5 (five) years and a maximum fine of Rp100,000,000,000 (one hundred billion rupiahs). In addition to criminal sanctions, IUP and IUPK holders will be subject to an additional penalty, which is to pay the cost of reclamation and/or post-mining implementation which are their responsibilities.

This Law has provided effective and comprehensive arrangements to resolve current and future mineral and coal mining problems, to prove that the mineral and coal mining business can give real added value to national economic growth and regional development in a sustainable manner.

Hopefully, with this new regulation, disrupted land and vegetation in the forest can be restored and capable of functioning optimally again. Recorded from 2012 to 2021, PTAR has conducted reclamation on an area of 36.22 hectares, planting 41,000 seedlings in the Martabe Gold Mine area, and planting 3,000 seedlings outside the Martabe Gold Mine area. PT Agincourt Resources (PTAR), as the operator of the Martabe Gold Mine, is also committed to following government regulations in preparing reclamation even from mine planning phase in order to achieve sustainable mining.


Related Posts