President Joko Widodo has recently issued Government Regulation No. 25 of 2023 concerning Mining Areas ("GR 25/2023"). This Government Regulation comes into effect on May 5, 2023. It governs various aspects of mining area, including permits for radioactive mineral mining known as Wilayah Izin Usaha Pertambangan or WIUP. As defined in Government Regulation No. 52 of 2022, radioactive minerals are minerals used as raw materials for nuclear fuel production, which are the primary products of nuclear mineral mining activities.
Article 20 Paragraph (1) of GR 25/2023 stipulates that mining business areas (Wilayah Usaha Pertambangan or WUP) can consist of one or several WIUPs. Furthermore, Paragraph (2) specifies the different types of WIUPs, consist of (a) WIUP for radioactive minerals, (b) WIUP for metallic minerals, (c) WIUP for coal, (d) WIUP for non-metallic minerals, (e) WIUP for specific non-metallic minerals, and (f) WIUP for rocks. Additionally, Article 21 Paragraph (1) of GR 25/2023 explains that the extent and boundaries of WIUPs for radioactive minerals are determined by the minister based on proposals from the government agency responsible for nuclear affairs.
The extent and boundaries of WIUPs for metallic minerals and coal are determined by the minister after being specified by the governor. On the other hand, the extent and boundaries of WIUPs for non-metallic minerals, specific non-metallic minerals and rocks are determined by the minister based on applications from business entities, cooperatives, or individual companies.
In case where a different or unrelated mining commodity is discovered within a WIUP, and it has prospects for exploitation, the minister has authority to establish a new WIUP specifically for the different or unrelated mining commodity.
The Central Government and Regional Governments guarantee that there will be no changes in the utilization of space and areas within the designated WIUPs in accordance with the provisions of the legislation. This guarantee extends to ensuring no changes occur in mining areas as defined in the regional spatial planning, at the provincial and district/city level, as well as mining zones within the detailed spatial planning of the district/city. Furthermore, the Central Government and Regional Governments guarantee the issuance of other necessary permits for the implementation of mining activities within the designated WIUPs, as long as they meet the requirements outlined in the legislation.
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Author: Dewi Susanti