Regulation of the Minister of Energy and Mineral Resources No. 18/2008 on mining reclamation and closure

Article 7 Artide4 (l)The redamation pJanas meant·jnArtide 6 shall be for- The prtnciples of occupational safety and health mulated for the implementation ri every five years with as meant in Article 2 shall includethe creation of a safe annual detail,whichcovers: condition in accordance with legislation. a. pre and post: mining land use; b. land clearing plan; ArticleS c. reclamation program;and The principles of mineralconservation as meant d. planned reclamation cost, in Artide 2 shall include the collection of accurate data on (2) In the case of the age of mining being less than fIVe minerals which are notexploited and/or processed as well years, the reclamation planasmeantin paragraph (1) as remainders of mineralprocessing. shall be formulated in accordance with the age of min· ing. OiAPTERill (3) The reclamation planas meant in paragraph (1) and PROCEDURES paragraph (2) shall be formulated in accordance with PartOne guidelines on formulation of reclamation plan ascon- General tained in Attachment I to thi1> rogulatlon.

Article 6 (4) Companies shall be obliged to convey reclamation plan (1) Companies shall be obliged to fonnulateminingreda- of the first five years periodasmeant in paragraph (1) mation plan and mining closure plan. or in accordance with the age of mining as meant in (2) The mirnng reclamation andclosure plans asmeantin paragraph (2.) to the Minister, governors or regents! paragraph (1) shaU be formulated on the basis of mayors in accordance with the respective scopes of AMDAL or Ul<L and UPl already approved and become authority beforethe companies start'to exploit/oper- part of feosibility study. ate/produce. Business News 7722!10~ 10~2008 (5) The ....•. 4A (5) TheredamationpJan of the nextfive years period shall O1APTERN be conve\,edto the Minister, governors or regents/ EVALUATION ANDAPPROVAL mayors In acmrdance with the respective scopes of PartOne authority before the redamation of the first fIVe years Evaluation and Approval of Reclamation Plan

Article 9 period ends and so is the following period. (1) The Minister, governors or regents/mayors in accor- dance with the respective scopes of authoritys hat' evaluateand approvetherectamatJon planas meant Part Three in Article 7 in not laterthan30 (thirty)workfng deysas Mining ClOSUre Plan from the date of receipt of the reclamation plan, ex-

Article 8 cluding the number of days required to improve the (1) The mining dosure plan as meant in Artlcll;~ 6 ~all reclamation plan. indude: (2) Unless approval is made in a period of 30 (thirty) m:>rking a. regional profile; days Without recommendation about the improvement, b. description of miningactivity; the submitted redamation plan shall be deemed ap- c. description affinal miningcondition; proved. d. result of consultation with stakeholders;

Article 10 e. miningclosure program; (1) Companies shall be obliged to chance the approved f. monitoring; reclamation plan as meant in Article 9 in the case of g. organization; and any change in one or mare of the following matters: h. planned dosure cost a. mining system b. land use; (2) The mining closure plan as meant in paragraph (1) c. layout; and/or shaJI be formulated in accordance with the formula- d. AMDAL or UKL and UPL tion gUidelines as contained in Attachment II to this (2) Thechange in the reclamation planasmeant in para- regulation. graph (1) shall be submitted in not laterthan 180(one hundred eighty)days before the implementation of rec- (3) COmpanies shall be obliged to convey the miningclo- lamation of the fOllowiny pertod. sure plan as meant in paragraph (1) and paragraph (3) The Minister, governors Or regents/mayors in accor- (2) to the Mini::;ter, governors or regents/mayors in dance with the respective scopes of authority shall evaluate and approvethe change in the reclamation accordance with the "respective scopes of authority plan as meant in paragraph (2) in not later than 14 beforeexploitation/production operation starts. Business News nZ2/1(}-10-2008 (fourteen) ..•.•• SA (fourteen) worklng daysafter receiving the change in (3) The Minister, gowmors or regehts/mayors inaccor- the reclamation plan, excluding thenumberd days dance with the respective scopes of authority shall required to inprtNe the d1ange in the redamaUon plan. evaluate and approve the change in the mining clo- sureplanas meant in paragraph (2) in not later than Part Two 90 (ninety) working days as from the dete of receipt of Evaluation and Approvaf of Mining ClosurePlan the change in the mining closure plan, excluding the Artide 11 number of dayS reauired to improve the change inthe (1) The Minister, governors or regenbi/mayors in acx:or- miningclosure plan. dance with the respective scopes of authority s h a II evaluateand approye the mining closure plan asmeant QiAPTER.v In Article Bin ootIateI" than30 (thirtyJwooong days as IMPLEMENTATION AND REPORTING frcm the date of. receipt of the mining dpsure plan, PartQne exdudIngthe nllRlber-ofdays required to·improve the General miningdosureplan. Artide 13 (21 lJnlessapproval is made Ina period of 30(thirty) 'Mlrklng Every company shall be obliged to appointan of- days without reammendation about the improvement, ficer to leaddirectlv the implementation of mining reda- the submitted mining closure plan shaJl be deemed mation andclosure. approved.

Article14 Artide 12 Mining reclamation and closure shall be done in (1) COmpanies shall be obliged to change the approved accordance with the approvedmtning reclamation and do- miningdosureplanas meantinArtide 11 in the case sureplansas meant in Artide 9 up to Article12. of any change inone of the foIlOW'ing matters or more: a. miningsystern; b. miningage; PartTwo Co mining facility and/or lnfrtlstructurei Realization and Reporting of Reclamation d. rand Lise; Article 15 e. la)OUti and/or (1) The reclamation as meant in Artide 14 shall be done f. AMDAL or UKl and UPL in Iandaffec:ted by mining busmessaetiVities. (2) The change in the mining closure plan as meant in (2) The affected landas meant in paragraph (1) shall in- paragraph (1) may be submitted twoyears before the dude former mining5ite and outside ex~mining site, realization of mining dosure. which is not usedanymOre. BusJness News 7722/10-10-2008 (3) the ..... 6A (3) The landoutside ex--miningsite as meant in paragraph (2) The -report Eft meant lnPi'ra~raph (1) shall befonnu- (2) shall be among others: Iatedin-aecomanre with ~ines on the formulation a. landfill; Of: quanerty report on the tmplementatfon of mining b. fill of raw materials/production material; closure as contained in Attachment IV to this regula- Co - transportation lane; tion. d. factory/processing/purifying installation; e. offic:e andhousing; and/or CHAPTER VI f. seaport/pier. GUARANTEE FORMINING REQAMATION AND a..OSURE (4) Reclamation shall be realized In not later than one Part One nvmth following the termlnation of mining business General activity in the~meant in paragraph (2).

Article 19 (1) <:ompames-st'1i!It'be obllged"to provide guarantee for mining-ntelomatlon and guarnnl!ce for mining closure AJitiGIe 1.6 iR~:withthi!-dkulltkJn of FeE!taltl8tlOi'l bud- (I) Companies shall be obliged to convey report on the get and mining closure budgetafready: ·seauring ap- realization of reclamatiorl every year to the Mlnisb:!r, provartram tne Minister, govem«s. or regents/may- governors or regents/mayors in accordance with their ors in accordance with the respeel:ive"SCOpes of au- respective scopes gf authoritY. thority, (2) The reportas meant in paragraph (1) shall be formu- (2) The calculation of the reclamation budget as meant in Iated in accordance with guidelines on the fonnulation paragraph (1) shall befonnulated in accordenee with of report on the malization of redamation ali:contained guidelines on the formulation of redamation plan as in Att:ad1ment III tothisR!!gulation. contained in AttachmentIto this regul~on. (J) Thp-ralcula1ion of ~ mining closure bUdget as meant Part Three In paragraph {l)shaffbe"formu1ated in accordance Implementation and Reporting of MininQ<dosure wfltlgtlideMnes ontl'te'formtilaftoh-of mining dosure

Article 17 planas contaJned in AttaehmentTItDtliisregulation. Themining closure asmeant in Article 14shall be realized in notlater than one month after mining activity AJticle20 and/or processmg and purffication end. (I) The reclamation guarantee may beIn the form of time deposit, bank guarantee, insurance or accounting re- Artlde 18 serve with the provtson that:. (1) Companies shaR-be-oI:lIiged to 'COnvey report on the a. time deposit is placed at state bankin Indonesia on Implementation of mining dosure e.lery 3 {three) behalf of the Minister, govemoror regent/mayor months to the Minister, gcwemors or'regents/mayors qq. the said companywith the guaranty periodac- in accordance with thP, respectjvescopes· of authority. cording to the reclamation schedule; Business NeWs 7722jHHQ-2008 b. bank ..... 7A b. bankguaranteeis issued by state bank in Indone- Attide 21 sa or branch of foraign bank in Indo~la nr ~- Guarantee for mining dosuremav ~ in the form owned underwriting institution with the guaranty of time deposit placed atstate bankon1leha1f of the Minis- period according to.the redamation schedule; ter, governor or mayor/regent qq. the said company witt! the guaranty·period according tG1 theapproted miningdo- c. insurance issued by state bank in Indonesia or surepfan. branch of foreign bankin Indonesia or state-owned undelwriting institDtion with the guaranty period

Article 22 acmrding:to the redamation schedule; or Procedures for the opening of account of time d. accounting reservemay be placed !fthe company deposit tor the placement of reclamation guaranteeaild oomplies With any of the following requirements: miningclosure guarantee shall be In accordance with the 1. the cnmpony is 0 public listed c.ompony regis- provisions of legislation. tered at stock exchange in Indonesia or stock exchange outside Indonesia; or Part Two 2. the company has minimum paid-up capital Reclamation Guarantee amounting to US$25,OOO,OOO.OO (twenty five ArtideB million US dollars), like what is declared in fi- (1) The reclamatiOn guarantee as meant in Article 20 shall nancial statement already audited by public ac- CXlVerthe wfJole costofreclamation. (2) The reclamation cost as meant in paragraph (1) shall countant .registered at theMinistryof Finance. have counted the implementation of reclamation by (2) Companjes placing redamatlon guarantee in the fonn the third party_ of-accounting resetVe"Shal be obliged b) convey an- (3) Reclamation guarantee may be ~ in the Rupiah nualflnandal statement already audited by publicac- or US Dollar. wuntcmL (4) The amountof'the reclamation guarantee asmeant in (3) Companies shan be obliged to submit the model of paragraph (1) shall be counted on the basis of the redamation gua~as meant in paragraph (1) to tbllowing costs: the Minister, govemon or regents/mayorsin accor- a. direct costs, among others: dance withthe respective scopes of authority. 1. landarrangement (4) The Minister, governors or regents/mayorsinaa:or- 2. re-vegetation dance with the respective scopes of authority shall 3. prevention and settlement of mining acid wa- stipulate.modef d reclamation .guanmtee pJaced by ter, and the companies as meantin paragraph (1). 4. civil engineering. b. D'RJirett ..... SA b. Indirect cost, among others: a. evrnpanies. chlInge the ~ .riIIatl. ""'*" In 1. mobilization and de-mobllizatfon·, ArtJcIel();Ol" 2. redamat:ion planning; b. the operational CDSt: d R!damation is rP in aa:ordarIct! 3. administratiOn and profitof the third party as with the reclamation plan. CDI'ItJ1IdDr executfng redamation; and

Article 26 4. supervision, as contained in Attachment I tn this (1) Companies maysubmit: a changein the model of the regulation. reclamatiOn guarantee as meant: in Articfe 20 to the Minister, gOVetnors1Jt' regerits/mayorsln aa:ordance Artide24 with me respecnve 'swpe5 of 'aulhonty. (1) Comp!lnies-shall beobliged to place reclamation guar- (2) The Minister, governors or regents/mayors in accor- antee before undertaking actiVities of exploitationjpro- ducUull upefation. dance with the respective scope.<;Qf authorityshall ap- prove the qumge in model of the reclamation guaran- (2) The redamation guarantee as meant in paragraph (1) tee as meant in paragraph (1) on the basis of the fol- shall bestipulated on the basis of the reclamation cost lowing considerations: aa:ording to the reclamation plantar a period of five a. corporate performance: and/or years, which hasbeenapproved by the Minister, gov- h, financial capability of the company. ernorsor regents/mayors inaccoraance Wjtn the re- spective scopes of authority as meant in Article 9 and Artlde27 Artld@10. The MIniSter, governors otregents/mayors in ac- (3) In the case of the age of mjnjng beJonging to compa- oordaOO! withtte-I~SO=- OfauthorilYmflll stipJJ- nies being less than 5 (five) years, the reclamation Io~ a -4ih~ til the modd.qf,dte ~redamation guarantee shall be stipulated in accordance with the ~.in dw ca&e of: reclamation planfor the age of the minill9. a. the company changing in shareholders; 'DC (4) The reclamation guarantee as meantin paragraph (2) b. the corporate performance decmasing. and paragraph (3) may be placed every year. AI"1:IQe 28 (1) The placeroont ofredamation gu;nntee shall not elimi- nate the obligation of the cotnplny to execute 1B:Ia- matian. Artide25 (2) The stteFtage «funds required to mn IPfetE redama- The Minister. governors or regents/mayors in ac- tion from the stipuJaIIedguarantee shaft continue to cordance with the respective scopes of authority mayor- become responsibilityof tile oompany. der a dlange in the amount 01' reclamation guarantee if: ~Mewsm2/1O-1o-2008 PJitPw ," • • _. Il1o. 9A Part Three (4) The Minister, governors or regents/mayors in accor- ~tort'>lsbursing and Releasing Reclamation dance with the respective scopes of authorityshall ap- Guara~ provethe release Of reclamatIOn guarantee as meant

Article 29 in paragraph (1) in not later than 30 (thirty) working (1) Companies maysubmit application for disbursing rec- day<; afb:>rthP application ~ receivPl't lamatiOn guarantee in the form of time deposit and inteIest: l1\ereofto the Minister, governors or regents! mavorsin accordance wftt1 therespedjve scopes of Artide31 authority. N'rer receMng the application for disbursing rec1a- (2) The application for disbursing the reclamation guar- mation guarantee as meant in Artide 29 or re1eas- antee as meent ;JAparagraph (1) snail be accompa- Article 30, ing reclamation guatailtee as meant in . nied by report on the imp!ementationof reclamation the Minister, governors or regents/mayors in a:- as meant in Article 16. wnklllce with UIe' ~ :scopes d authorily {3} The Mlnlster, governors or tegent:5/mayors in accor- shall eva~ to detennine the amount: c1the ds- dance with the respective scopes of alJthority shall ap- prove the dlsbursemenl ur the redCjrTldliun guarantee bursed or released redamation guaranteewilh the as meant in paragraph (1) in not later than 30 (thirty) provision as follows: wortdng days after the application is received. a. 60% (sixty pen:ent) oCthe iI'I1DId: d ledandiuil guar- antee if the.CDfl'JIJL1IlY has CDJ4JIeted &Jd a •. . " a t ArtIcle 30 in aocordance with the designi'ltion as • ..",. in the (1) Componies may submit appfiaJtion for ~ing rec- approved reclamation plan. lamation guarantee in the form of bankguarantee, in- b. 80 % (sixty perart) d the amountcll'8iamatiDnQUiI"- surance or accounting reserve to the Minister, gover- anltx if tilt: c.otllpdny hes completed the adiwity DS norsor regents/mayors in ao:oniance with therespec- 'live scopes of authoritY. meantin letter a and the followingworks: (2) The application for releasing the redamation guaran- 1. re-vegetation tee as meantin paragraph (1) shall be accompanied 2. prevention and settlement of mining acid water-; by report on the implementation of reclamation as 3. civil engineering;and/or meant In Artide 16. 4. other reclamation actiVities as stipulated in the ap- (3) The apptlc:atiof1 for ~ng redamation guarantee proved redamation plan. 8S1l'MJ8nt in p8Rgraph (2) shall hesllbmitted to the c. 100%(one hundred pereeot) of the amount of recla- Minister, govel1'lOf'S or regents/mayorsin accordance mation guarantee after the rectamatiOnadMty fulfills witJl therespective scopes of authorityin not later than the '5~ Lrilerii:l rw ledlsmation as (OntDined in 30(thirty) days beforethe validity periodof guaranty expires. Attachment V to this regulation. Business News7722/10-10-2008 Article 32•..••• lOA Artide32 Article 34 (1) Before approving the disbursementof the reclamation In the case of company failing to comply with the guarantee as meant in Article 29 or the release of rec- success criteria for reclamation on the basis of evaluation lamationguarantee as meant in Article 30, the Minis· of reportand/or site evaluation, the Minister, governors or ter, governors or regents/mayOrs In accordance with 1t:t;Je11~/f1IdY/Jr~ in aa:;onJamx with ttJe respect1vescopes the respective scopes of authority may ronduct site of authority may appoint the third party to undertake rec- visit. larnation by using the reclamation guarantee. (2) If necessary, the site viSit as meantin paragraph (l) shaU be done in not later than 15 (fifteen) working PartFour davs after the application for disbursing or releasing Guarantee for Mining CloSure redamation guarnntee submitted by the company is

Article 35 received. (1) 111e guarantee for mining closure as meant in Article (3) Resultof the site visit shall be written down in an ac- wunt containing evafuatinrl of the success of reclama· 21 shalf cover the whole costs of work of mining c1o- tIan d land affected by mining actMty. sure. (2) Theoperational cost of work of mining closure asrrea.nt Artide33 in paragraph (1) shall count the execution or work of (1) The Minister, goverOOfS or regents/mayors in accor- mining closure realized by the third party. dance wfththe respective scopes of authority shall ap- (3) The guarantee for miningdosure may be placed in pruIIIE! the disbursement or ~ nf redarnatinn gU<lr- U-1t~ Rupidh Of US Dulldl. antee on the basis of result of evaluation of report on (4) The amount of the guar.antee for mining dosure as the implementatioll of reclamation asmeant inArtide meant in paragraph (1) shaJl be countedon the basis 16 and/or resultof evaluation of site visit as meant in of the following costs: Artide 32 paragraph (3). C1. Direct cost, among others: (2) Evaluation of the report and/or site visit as meant in 1. removal of buIlding and supporting facilitywhich paragraph (1) shall be done on the basis of the suc- have notbeen used, unless otherwise stipulated; cess criteria for reclamation as meantin Attachment V 2. reclamation or mining site, processIng and pu- to-this regulation. rification as well as supporting facilities; (3) Based on the result of evaluationand/or site evalua- tion as meant in paragraph (1) and (2), the Minister, 3. treatment of danoerous and poisonous materi- governors or regents/mayors in acd>rdance with the als (83) and waste of 83; respective scopes of authority shall approvethe dis- 4. maintenance and preservation; bursement or release of reclamation guarantee in 5. monitoring;and accordance with the provision as meant in Article 31. 6. social, cultural andeconomic aspects. Business News 7722/10-10-2008 b. Indirect ....• llA b, Indirect. costs, among others: (2) Thedisbursement of time depoSit andinterestthereof 1. mobiIizBtion and denobiJization; shaH be done after the implementationof mining clo- 2. p&anoing of activity; sure is in aa:ordance wfth the phase of comp6etion of 3. administration and profit of the third party as work al~ executed on the basis of the approved contractor executing mining dosure; and mining ~Ilre (tlnn iK meant in Article 11 and 12, 4. supeMsion as oontained in Attachment D to this which has been received by the Minister, governors or regulation. regents/mayors in accordance with the respective (S) The amount d guarantee for mining dosure asmeant scopes of authority In paragraph (4) shall be stipulated on the basis of cnsts of mining dosUfe in ao:;ordancc with the the min- Article 38 (1) The placement of mining closure guaranteeshall not ing dasure plan aIIeady approved by the Minister, gov- eliminate the obligation of the cnmpany to undertake ernor or regentJmap as meant in Artide 11 and actlVlt1es Of minJng doSure. ArUcle 12. (2) Theshortage rl costs required to oomptete the mining (6) GuaranlBe for mining cIo:sure shall be placro every year dosureactivity from the stipulated guarantee shall con- in the form of time deposit. tinue become respoosibility rff the company. (7) Procedures for placing theguarantee for mining do- sure asmeant in paragraph (6) shall be ascontained PartRve Cn Attachment VI fD this regulation. Procedures for Disbursing Mining Closure Guarantee

Article 39 Artk:Ie 36 it) CmJpany maysubmA: appIi:atbn fer distusingthemin- The Minister, ~ or regents/mayors Inec- ing dosure guaranteeand interest thereof in phases cordanre with the respedNe !ilOOpeS d authoritymay stipu- or lump sum to the Mini5ter, governorsor r~en~1 late the addition to the guarantee for mining closure on mayors in accordance with the respective scopes of the basisof tile foIbNing considerations: authority. 'I. anychange In shareholder of the company; (2) The apptk:atIon for d"l5bursing the mining dasure guar- b. progress of work of mining closure; and antee as meant in paragraph (1) shan beaccompa- b. tJItItf dI8nge In mst offlIInIngdOsure. nied by report on the impfernentation of the mining closure activities as meant in Article 18. ArtIde37 (3) The Minister, goveroors or regef!ts/meyors in attor- (1) The pIaCec1 time dePOSit as meant 111 ~ Zl shall dancewith· the respective scopes of authorityshall ap- applyuntil the Minister, governors or regents/mayors prove thedisbursement of the mining dosureguaran- in accordance with the respective scopes of authority tee- as meant in paragr;l,ph (1.) and paragraph (2) in declare that whole activities of miningdosure asstipu- not later than 30 (thirty) working daysafter the dateof latedin the miningdosure plan havebeen completed. receiptof the application. Business News 7722/10-10-2008 Article 40 ..... 12A

Article40 (3) Based on the result of evaluationand/or site evalua- The Minister, governors or regents/mayors inac- tion as meant in paragraph (1) and (2), the Minister, cordance with the respective scopes of authority shall ap- governors or regents/mayors in accordance with the prove thedisbursement of the mining closure guarantee respective scopes of authority shi:in approve the dis- as meant in ArtIcle 39 if the mining dosure wort<. has been bursement of the mining closure guaranteein accor- oomplered. dance with the provision as meant in Article 39. Artide41 (1) Before approving the disbursement ofthe mining clo-

Article 4:a sure guarantee as meant in Artide 23, the Minister, In the case of companyfatUng to comply with the governors or.regentsjmayors in accordance with the respectjve scopes of authority may conduct site visit. success criteria for mining closureoottle basis ofevalua- (2) If necessary, the site visit as meant in paragraph (1) tion of report and/or site evaluation, the Minister, gover- shall be done in not later than 15 (fifteen) working nors or regents/mayors in accordance wlth the respective days after theapphcation for disbursing the mining clo- scopes of authority may appoint the third party to under- sureguarantee submitted by the company is received. take reclamation by using the mining dosure guarantee. (3) Result of the site visit shall be written down in an ac- count oontafnlng evaluation of the success of mining closure. OiAP1l3tVII

Article 42 SUPERVfSION (1) The Minister, governors or regents/mayors in accor-

Article 44 dance with the respective scopes of authorityshall ap- (1) Supervision over the implementation of reclamation prove the (lisbursement of the mining dosure guaran- and mining closure shall be done by , the Minister, tee on the basis of resultof evaluation of report on the governors-or regents/mayors in accotdance witt! the ImplMlEmtation of minino closure as meant in Artide respective scopes of authority. 18 ancl/orresult of evaluationof site visit as meant in Artide41-paragraph (3). (2) Evaluation of the report and/or site visit as meant in (2) In order to execute the supervisory task as meant in paragraph (1) shall be done on the basis of the suc- paragraph (1), the Minister, governors or regents/may- cess cnrena for minIng closure as meant in Atta(.h- ors In accordance willi LIlt! respective scopes of au- ment vn to this regulation. thority shall assign mining inspectorfunctionary. Business Newsn22/10-1Q-2008 CHAPTER VIII.... 13A Q1APTERvm ArbCle18 ADMINIS1RAllVE SANCTtON The Minister,goveroorsor regents/mayors in ac- Artide45 mrrlance with the respective scopes of authority may re- (1) The Mlnister,govemors or regents/mayors in accor- YOke licenSe or tenninatejoint ax>peratIon cxmtract of min- dano:wIth the respective scopes of authority shall ing business unless the compafliesalready gNen written impo.5e odmini5t:rativesolictionon companies violm-- wa",lng and subjed to suspension ofaetivities partly or lngtheprovi,sjons as meantinArt:lcle 6pataQI'iIph (1), wtlo1ly as meant in Artide 46 and 4710 not tangerthan 3 Article] paragraoh(4)aodparagraph (5), Article 8 (three) monthS as rrom tne date orsnpUiatlOll Of suspen- paragraph (3), Article 10 paragraph (1), Artide 12 paragraph (1), Article 13, Article:14,Artide 15pc:lra- sion of ~c.tPIJties-ll8rttv·-or"whoIly ··iD1provethe misb!IIce or graph (i), Artide 16 paragraph (1),_Article 17, Article fulflll~.~~- 18 paragraph (l), Article 19 paragraph (1), Article20 paragraph (3), Article 21, and Article 24 paragraph OiAPTERIX (1). TRANSITIONAl PROVISlON (2) The administrative sanction as meantin paragraph (1) Artide49 may be In the fonn of: (1) 1he rriining redamation plans and!or-mlililg closure a. written warning; plans already approved by the Miriister, gavemors or b. suspension of mining activities partly or wholly; rElgQnts,lmayors: in accordance with the resped:iYe and/or ~.aauthorily bflaetheeriDrtEmertdthisR!gU- c. revocation of license. Artide46 Iation shaM be declared to remain effective validity period thereofexpires. "'-"e (1) The written warning shall be issued if companies vio- (2) 1he mining reclamation plans and/or mining closure late the provision.as meant"in Article 45 paragraph ~ns submitted by mmpanies before this regutation (1). comes into force shan be adjusted and processed in (2) The written warning as meant in paragraph (1) shall ao::or"dance with the provisions in this regulation. be issued threetimes maximally with the tkne intefval onemonth respectively. ArtideSO CompaBies alreadyplac:ing reclamation guaran- Artlde47 tee and/or mining closure guarantee before this regula- If companies atready receivihg the written warn- tion comes into force shall be declared already complying ing as meantinArticle 46 continue to repeatthe violation, the Minister, governors or regents/mayors in accordance with the provisions in this regulationas long asthe place- with the respectiVe scopes or authOrIty Shall suspend rnm- ment is in cceordonoe with the provisions in this regula- ingactlvities partlyor wholly. tion. Business News 7722/10-10-2008 Article 51•..•• 14A Ai1Xte51 OiAPTERX (1) Companies not yet OJIWeYIny reclamation pkm ond/or CONa.usION mining dosure plan before the enforcement of this Artide 53 regulation shall be obliged to Ct:Jf'IYCf reclamation plan Following the enforcement of this regulation: a. Decree of the Minister of Mining and Energy Number and mining dosure plan Inaccordance With the provi- 121LK/OOS/M.PE/1995 Year 1995 dated July 17,1995 Gion in this regulation_ on Prevention and MiIigatIon of El"iYironn etal Destruc- tion anclPollutiiln in General Mining Activities; and (2) .1h! ~ plan .M. Inf'>ant-inf'ill"3Oreph (1) slldll D. oec:ree of the Minister of MIning and-Energy Number be <XJflVeYEd in not Iat2r than 6 (siX) monU1s as from 1453.K/29/MEM/2000 Year 2000 dated November the date of enforcement of ttl is regulation. 3,2000 on T8""hnic-.a1 Guidt=!iines on the Execution of Public Administration Tasks in the GeneralMining Field, (3) The mining closure plan as meant in paragraph (1) related to ~s on mining redamation ilnddo~ shaD be conveyed in not later than one year as fr'om sureshall be revoked and declarednuH and void. the dale of enforcement of this regulation. Artide 54 This regulation shall come into forceasfrom the (4) PnxedOiesfor evalUatIng and approving the redama- careor stfpulatlon. w..-.., and/or mlrIing closure plan asmeant in para- graph (1), mudi\g the dlange in tile redamationplan StipuLated in Jakarta Bld/or mining dasure plan shall be In aa:ordance with on May 29, 2008 the provisions in thisregulation. THE MINISTER OFENERGY AND MINERAL RESOURCES, sgd. PURNOMO YlJSGIANTORO ArtidI!Sl In the case d provincEll govenvnents or regentaV Editor's note: - Due to teennlcal.reason. the·amx:tmltmb are not pub- municipal governments not yet having rnining inspector Iished. fu1ctionary, supervision over the implementation of min- ing reclamation and closure may be executed by mining ilSPC'llOl'• -==={R)::=- Busi~ News7722/1(}-IO-Z008