Legal proceedings Adaro Energy 2009 Annual Report English
39. SIGNIFICANT AGREEMENTS, COMMITMENTS AND CONTINGENCIES continued r.
New mining law No. 42009 continued In February 2010, the Government of Indonesia released two implementing regulations for Mining Law No. 42009, i.e. Government Regulation No. 222010 and 232010 “GR No. 22” and “GR No. 23”. GR No. 22 deals with the establishment of the mining areas under the new mining business license “Ijin Usaha Pertambangan” or “IUP”. GR No. 23 provides clarifications surrounding the procedures to obtain the new IUP. GR No. 23 indicates that existing CCAs will be honoured by the Government although any extension of existing CCAs will be through the issuance of an IUP. The Group is closely monitoring the progress of the implementing regulations for the Law, and will consider the impact on its operation, if any, once these regulations are issued.s. New Ministerial Regulation No. 282009
In September 2009, the Minister of Energy and Mineral Resources issued Ministerial Regulation No. 282009, which, among others, requires directorate general’s approval to use an affiliate as a mining service contractor. The regulation provides the definition of affiliates and provides exception only when there are no other capable mining services companies operate in the area. The regulation requires mining concession companies to conduct all coal extraction activities themselves within three years of the issuance of the regulation. Accordingly, Adaro will be required to develop its own extraction capabilities in lieu of relying on third party contractors. Management believes that carrying out coal extraction activity by Adaro will not materially change the operating structure of Adaro’s operations or SIS’s as a result of changes at Adaro or similar other customers of SIS. The regulation provides a three year transition period for changes to existing arrangements. The Group is currently considering the implications of this regulation, given that SIS provides mining services to Adaro.t. New Ministerial Regulation No. 342009
In December 2009, the Minister of Energy and Mineral Resources issued another regulation, Ministerial Regulation No. 342009, which provides a legal framework to require mining companies to sell a portion of their output to the domestic customers “Domestic Market Obligation” or “DMO”. The DMO volume is based on a minimum percentage of domestic coal sales which will be determined by the Minister of Energy and Mineral Resources. The minimum DMO percentage and the price to be used for the DMO sales, which will follow international indices as the benchmark, will be determined by the Minister of Energy and Mineral Resources. As of the date of this report, the mining industry is waiting for further implementation guidelines and instructions from the MoEMR.40. EXTRAORDINARY ITEM 2009
2008 Demurrage - 677,711 Income tax expense - 304,970 Net loss after tax - 372,741 The amounts represent the demurrage which was incurred beyond normal activity of Adaro due to the bad weather in January to April 2008, which delayed coal loading and shipment.41. RECLAMATION GUARANTEE
On 29 May 2008, the Minister of Energy and Mineral Resources announced a new regulation regarding mine reclamation and mine closure as detailed in Ministerial Regulation No. 182008. It is stated that a company is required to provide mine reclamation and mine closure guarantees which may be in the form of a time deposit, bank guarantee or insurance, all of which with a duration according to the reclamation schedule. The mine reclamation guarantee may also be in the form of an accounting reserve, if the company is either a publicly listed company or the company has paid up capital of at least US25,000,000 as stated in the audited financial statements. If a time deposit, the mine closure guarantee may be placed in Rupiah or US funds, with a state owned bank in Indonesia on behalf of the Minister of Energy and Mineral Resources, Governor or Mayor qq the relevant company with a duration according to the mine closure schedule. Based on Decree of the Director General of Mineral, Coal and Geothermal No. 192037.06DJB2008 dated 26 August 2008 and No. 101237.03DJB2009 dated 19 March 2009, Adaro is required to provide a Reclamation Guarantee in the form of performance bonds. As at the balance sheet date, Adaro had placed reclamation guarantees in the form of performance bonds amounting to Rp 30,515 2008: Rp 26,449.Parts
» Adaro Energy 2009 Annual Report English
» Quick Ratio Adaro Energy 2009 Annual Report English
» 13.6 9.4 5.5 1.4 38.5 34.4 24.3 20.8 Adaro Energy 2009 Annual Report English
» Transportation Mt Adaro Energy 2009 Annual Report English
» 23.7 Adaro Energy 2009 Annual Report English
» 9.0 -9.4 7.6 -48 -22 Adaro Energy 2009 Annual Report English
» -57 -58 Adaro Energy 2009 Annual Report English
» 5 1 Adaro Energy 2009 Annual Report English
» Financial structure Adaro Energy 2009 Annual Report English
» International TOTAL Adaro Energy 2009 Annual Report English
» The Development of High Yield Rubber Plantations Micro Financing Institute
» Institute for Educational Potential Development of Adaro Partners LP3AP
» GENERAL continued Establishment of the Company and other information
» GENERAL continued Subsidiaries continued
» Scholarships Establishment of the Company and other information continued Subsidiaries continued
» GENERAL continued Coal Cooperation Agreement
» Cooperation Agreement Adaro Energy 2009 Annual Report English
» Barito Channel Cooperation Agreement
» Coal reserves Adaro Energy 2009 Annual Report English
» SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
» Basis of preparation of the consolidated financial statements
» SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES continued
» Principles of consolidation continued
» Foreign currency translation Adaro Energy 2009 Annual Report English
» Receivables Adaro Energy 2009 Annual Report English
» Inventories Adaro Energy 2009 Annual Report English
» Investments in debt and equity securities continued
» Impairment of investment in equity and debt securities
» Fixed assets and depreciation continued
» Impairment of long-lived assets
» Deferred exploration and development expenditure continued
» Leases Adaro Energy 2009 Annual Report English
» Environmental obligations continued Adaro Energy 2009 Annual Report English
» Stripping costs Adaro Energy 2009 Annual Report English
» Deferred financing costs Adaro Energy 2009 Annual Report English
» Deferred expenses Adaro Energy 2009 Annual Report English
» Provision for employee benefits continued
» Taxation Adaro Energy 2009 Annual Report English
» Derivative financial instruments and hedging activities
» Earnings per share Adaro Energy 2009 Annual Report English
» Segment reporting continued Adaro Energy 2009 Annual Report English
» Dividends Adaro Energy 2009 Annual Report English
» ACQUISITIONS, DISPOSALS, AND LIQUIDATION OF SUBSIDIARIES
» ACQUISITIONS, DISPOSALS, AND LIQUIDATION OF SUBSIDIARIES continued
» Acquisition of PT Alam Tri Abadi
» Acquisition of Rachmalta Investments Ltd by Rachpore Investments Pte Ltd continued
» Acquisition of Coronado Holdings Pte Ltd and Orchard Maritime Logistics Pte Ltd
» RESTRICTED CASH AND CASH EQUIVALENTS
» INVENTORIES Liquidation Adaro Finance B.V., MEC Indo Coal B.V. and Arindo Global Netherland B.V.
» DEFERRED EXPLORATION AND DEVELOPMENT EXPENDITURE 2009
» FIXED ASSETS continued Construction in progress continued MINING PROPERTIES 2009
» GOODWILL 2009 Liquidation Adaro Finance B.V., MEC Indo Coal B.V. and Arindo Global Netherland B.V.
» SHORT-TERM BANK LOANS continued Syndicated Short-term Loan
» LONG-TERM BANK LOANS continued b.
» SENIOR NOTES 2009 PT Bank OCBC NISP Tbk
» DERIVATIVE INSTRUMENT PT Bank OCBC NISP Tbk
» DERIVATIVE INSTRUMENT continued b.
» ACCRUED STRIPPING COSTS 2009 MINORITY INTEREST a.
» MINORITY INTEREST continued a.
» SHARE CAPITAL ADDITIONAL PAID-IN CAPITAL 2009
» DIFFERENCE IN VALUE FROM RESTRUCTURING TRANSACTIONS OF ENTITIES UNDER COMMON CONTROL continued
» DIVIDENDS Minority interest in net incomeloss of subsidiaries
» APPROPRIATED RETAINED EARNINGS Minority interest in net incomeloss of subsidiaries
» REVENUE 2009 Minority interest in net incomeloss of subsidiaries
» COST OF REVENUE 2009 OPERATING EXPENSES a.
» OPERATING EXPENSES continued b.
» TAXATION a. Minority interest in net incomeloss of subsidiaries
» TAXATION continued b. Recoverable taxes
» TAXATION continued d. Income tax expense
» TAXATION continued e. Deferred tax assets
» Taxes payable Deferred tax liabilities
» Administration Adaro Energy 2009 Annual Report English
» TAXATION continued i. Tax assessment letter
» TRANSACTIONS AND BALANCES WITH RELATED PARTIES
» Other receivables - related party
» TRANSACTIONS AND BALANCES WITH RELATED PARTIES continued d.
» Trade payables to related parties Cost of revenue
» BASIC EARNINGS PER SHARE 2009
» MONETARY ASSETS AND LIABILITIES SEGMENT REPORTING
» SEGMENT REPORTING continued The nature of relationships with related parties
» SEGMENT REPORTING continued 2008 The nature of relationships with related parties
» SIGNIFICANT AGREEMENTS, COMMITMENTS AND CONTINGENCIES continued a.
» Interest expense Land-Use Cooperation Agreement
» SIGNIFICANT AGREEMENTS, COMMITMENTS AND CONTINGENCIES continued c.
» Royalty claim Adaro Energy 2009 Annual Report English
» Capital expenditures Adaro Energy 2009 Annual Report English
» Banking facility Adaro Energy 2009 Annual Report English
» SIGNIFICANT AGREEMENTS, COMMITMENTS AND CONTINGENCIES continued h.
» Engineering, Procurement and Construction Agreement
» Agency fees Adaro Energy 2009 Annual Report English
» Customer Claims Adaro Energy 2009 Annual Report English
» Legal proceedings Adaro Energy 2009 Annual Report English
» SIGNIFICANT AGREEMENTS, COMMITMENTS AND CONTINGENCIES continued n.
» Amortising Revolving Credit Facility
» Overland Conveyor Construction Contract
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