Determination of WUP Area in Indonesia

Based on the mapping the Minister or Governor may decide that a certain area within the WP is designated as WUP. A WUP shall meet the following criteria:

1. holds rock formations with coal carrier, metallic mineral carrier, and/or radioactive minerals carrier;
2. holds geological outcrops for radioactive minerals, metallic minerals, coal, non-metallic minerals, and/or rock;
3. has the potential mineral resources and coal;
4. has 1 (one) or more types of minerals and/or coal;
5. does not overlap with the WPR and/or WPN;
6. is an area that can be utilized for a sustainable mining activities; and
7. is an area which is appointed for mining in accordance with the spatial plan.

Determination of WPR Area in Indonesia

Based on the mapping the Regent/Mayor may decide that a certain area within the WP is designated as WPR. A WPR shall meet the following criteria:

1. has a secondary mineral reserves contained in the river and/or at the sides of the river;
2. holds a primary metal or coal reserve with a maximum depth of 25 meters;
3. consists of sediment terraces, flood plains, and ancient river deposits;
4. has a maximum area size of 25 hectares;
5. explains the type of commodity to be mined;
6. is a region or a place for community mining activities that have been worked on for at least fifteen (15) years;
7. does not overlap with WUP and WPN; and
8. is an area which is appointed for mining in accordance with the spatial plan.

Determination of WPN Area in Indonesia

Based on the mapping the Minister may decide that a certain area within the WP is designated as WPN. A WPN shall meet the following criteria:

1. holds rock formations with radioactive minerals carrier, metallic minerals carrier and/or coal carrier;
2. holds geological outcrops for radioactive minerals, metals, and/or coal;
3. has the potential mineral resources and coal;
4. is for the purposes of conservation of mineral commodities;
5. is located in an land area and/or islands bordering other countries;
6. is a protected area; and/or
7. is located on a small island with a maximum area of 2,000 square kilometers.

This column is provided by PNB Law Firm

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