Enforce Mining Reclamation Regulations

Enforcing reclamation regulations is necessary to deal with problems in former mines. Unfortunately, such efforts face obstacles.

KOMPAS/RHAMA PURNA JATI

A man stands above Kolong Biru, on Friday (10/1/2020) in Central Bangka regency. Also called Lake Kaolin, the local community converted a former mine into a tourist destination.

JAKARTA, KOMPAS – Indonesia already has several regulations to tackle the adverse impacts of former mines. Among them is Law No. 4/2009 on mining, minerals and coal, which requires all mining companies to reclaim former mines.

Law No 4/2009 cites reclamation as a series of activities throughout the mining process that seek to reorganize and improve the quality of the environment and ecosystem to ensure that they can function properly in line with their intended usage. Well-planned, systematic and sustainable post-mining activities are conducted either wholly or partially after mining to restore the area’s environmental or social function.

Technical rules on reclamation and post-mining activities are further explained in Government Regulation (PP) No. 78/2010 on post-mining reclamation. In addition, there is the Energy and Mineral Resources Ministry’s Regulation No. 26/2018 on proper mining principles and mineral and coal-mining monitoring.

We do not provide licensing and business facilitation services for IUP holders who do not carry out reclamation in their IUP area.

South Kalimantan Energy and Mineral Resources Agency mineral and coal division head Gunawan Harjito said the agency always urged operation and production mining permit holders (IUP) to reclaim their mines. “At former mines whose IUPs have expired, we send them warning letters to carry out reclamation immediately, in the form of improving the affected land and replanting the former mines," Gunawan said in Banjarmasin, South Kalimantan, on Friday.

He said the South Kalimantan administration pressured all IUP holders to reclaim their former mines and limited the issuance of coal production and sales permits every year. “We do not provide licensing and business facilitation services for IUP holders who do not carry out reclamation in their IUP area,” he said.

KOMPAS/SUCIPTO

The stripped land of an open-pit mine is seen through the vegetation on Sunday (5/1/2019) in Mulawarman village of Tenggarong Seberang district, Kutai Kartanegara, East Kalimantan.

However, Mining Contractors and Permit Holders Association (Aspektam) South Kalimantan branch secretary general Muhammad Solikin said that companies sometimes did not carry out their plans or work programs properly due to a lack of government monitoring. “Besides, some businesspeople consider reclamation unnecessary as they have paid for reclamation guarantee,” he explained.

After the mining monitoring authority was handed over from regency to provincial administration on Jan. 1, 2017, the South Kalimantan administration set the reclamation guarantee at between Rp 90 million (US$6,584.33) and Rp 110 million per hectare. When the mining monitoring authority was still in regency administrations, the reclamation guarantee was only Rp 15 million to Rp 20 million per hectare.

Mining Advocacy Network (Jatam) monitoring as of late 2018 showed that 3,092 former coal mines were not rehabilitated, with East Kalimantan having the most former mines at 1,735. South Kalimantan was next with 814 mines, followed by South Sumatra with 163, Central Kalimantan with 163 and Jambi with 59.

At several former mining sites, open mine holes are filled with greenish water. Such holes may threaten access roads, such as in Makmur Mulia village, Satui district, Tanah Bumbu regency, South Kalimantan (Kompas, 13/1/2020).

KOMPAS/RHAMA PURNA JATI

Seedlings are planted at the site of a former mine in Namang district, Central Bangka regency, Friday (10/1/2020). Closed mines can be rehabilitated and regreened by planting new trees.

Reuse

Bangka Belitung Islands province forestry agency watershed area management section head Hasanudin said that several companies had adhered to the reclamation program. However, many reclamation projects remained lacking as locals were using the former mines to gather leftover tin. This was due to inadequate security, among other reasons, which allowed for illegal mining.

Indonesian Forum for the Environment (Walhi) Bangka Belitung islands executive director Jessix Amundian said that poor monitoring led to failures in reclamation. “There are no sanctions for neglectful companies,” he said.

Jatam East Kalimantan officer Pradarma Rupang said that post-mining monitoring should fall under the authority of an agency other than the Energy and Mineral Resources Agency to ensure the quality of monitoring.

Energy and Mineral Resources Ministry spokesperson Agung Pribadi said that governors were responsible for issuing mining business permits. Therefore, post-mining monitoring authority should fall under relevant regional governments. However, he said, all regulations on post-mining activities were still issued by the central government.