The Minister for Energy and Mineral Resources has issued new regulations to streamline the administration of mining business licenses.* The new regulation addresses several problems in the administration of mining business licenses arising from the previous regulation.**

The new regulation sets out several new procedures by which a business, that fulfills certain criteria, may carry out certain appeal-like processes. These processes including being able to apply directly to the Director-General of Mineral and Coal, against decisions of the State Administrative Court and/or a state agency responsible for public services, in relation to the entity’s mining business licence. Furthermore, the regulation allows that even if the decision of the State Administrative Court in relation to the business’ mining licence are legally binding, business entities may submit further applications directly to the Director General of Mineral and Coal.

Similarly, holders of multiple mining licences may, in certain circumstances, submit further licence applications directly to the Director General of Mineral and Coal. In effect, this new regulation allows the Ministry for Energy and Mineral Resources to override local governing bodies, and bolsters business confidence in the mining sector with consistent and predictable decision making.

* Decree of the Minister of Energy and Mineral Resources No. 297.K/Mb.01/Mem.B/2023 Of 2023 on Procedures for Processing the Issuance and Registration of Mining Business Licenses

** Decree of the Minister of Energy and Mineral Resources Number 15.K/HK.02/MEM.B/2022 on the Processing of Issuance and Registration of Mining Business Licenses