The Mining Advocacy Network (Jatam) has urged the government to revoke the mineral and coal mining permits of companies whose mining areas overlap with others, and which lack regulatory compliance documents without waiting for the verdict of the State Administrative Court in such cases.
Jatam’s national coordinator, Merah Johansyah, said the government, in this case the Energy and Mineral Resources Ministry, was not working to solve the problem because they only categorized mining companies into ‘Clean and Clear’ (CnC), for those that comply with regulations, and ‘Non-Clean and Clear’ (non-CnC), for those that do not, without actually enforcing the law.
“Categorization is only a formality and it opens the way for transactions, such as bribery,” Merah said recently.
The 2015 ministerial regulation on the evaluation of procedures for mineral and coal mining permit issuance, he said, was an adequate instrument for cracking down on non-compliance.
In order to obtain CnC status, the permit holders must ensure that their mining areas do not overlap with those of other mining companies and ensure that all of their documents are in line with prevailing regulations.
According to data from the Energy Ministry, as of Dec. 20, 2016, there were 3,386 non-CnC mining permits out of 9,721 permits issued by regional governments.
Merah also questioned the government for not stopping the operations of mining companies whose permits had expired in December 2016.
Ministry data shows that 5,066 permits, both CnC and non-CnC, expired at the end of last year. Jatam’s call was made following a victory by Padang Legal Aid Institute (LBH) in a lawsuit against the West Sumatra administration with the Padang State Administrative Court, which ruled that the authorities must revoke 26 non-CnC permits of mining companies operating in the province.
West Sumatra Energy and Mineral Resources Agency head Herry Martinus said the province would “benefit from the verdict, which strengthens our plan to revoke the permits of non-CnC mining companies.”
Following the verdict in last month, the province has revoked 21 non-CNC permits.
Source: Syofirardi Bachyul Jb / The Jakarta Post
7 November 2017