THE MINISTER OF MINES AND
NO. : 1815.K / 702 / M.PE / 1997
ON
THE DATA ACQUISITION, MANAGEMENT AND PUBLICATION OF OIL AND GAS GENERAL
SURVEY, EXPLORATION AND EXPLOITATION
THE MINISTER OF MINES AND ENERGY,
|
Considering: |
a. that Data of the oil and gas General Survey,
Exploration and Exploitation have an important role to support the smoothness
of mining activities of oil and gas; b. that in the context of the need of the General Survey
Data and as a further implementation of stipulations of Article 4 of the
Government Regulation No. 17 of 1974, it is deemed necessary to determine a
regulations on the Data acquisition, management and publication of oil and
gas General Survey, Exploration and Exploitation in a decree of the Minister
of Mines and Energy; |
|
In view of: |
1. Law No. 44 of 1960 (State
Bulletin No. 133 of 1960, State Bulletin Supplement No. 2070); 2. Law No. 8 of 1971 (State Bulletin
No. 76 of 1971, State Bulletin Supplement No.2971); 3. Mijn Politie
Reglement of 1930 (Stb.
1930, No. 341); 4. Government Regulation No. 17 of
1974 (State Bulletin No. 20 of 1974, State Bulletin Supplement No. 3031); 5. Government Regulation No. 35 of
1994 (State Bulletin No. 64 of 1994 , State Bulletin Supplement No. 3571); 6. Presidential Decree No. 96/M of
1993 dated 17 March 1993; 7. Regulation of the Minister of
Mines and Energy No. 02.P/075/M.PE/1992 dated 18 February 1992. |
DECIDED:
|
To establish: |
DECREE OF THE MINISTER OF MINES
AND ENERGY ON THE DATA ACQUISITION, MANAGEMENT AND PUBLICATION OF OIL AND GAS
GENERAL SURVEY, EXPLORATION AND EXPLOITATION. |
CHAPTER I
GENERAL STIPULATIONS
Article 1
In this Ministerial Decree:
1. Data means all facts, directives,
indications and information either in the form of characters, numbers
(digital), pictures (analog), magnetic media, documents, rock samples, fluids
and other forms obtained from the oil and gas General Survey, Exploration and
Exploitation;
2. General Survey means an activity to
obtain data in order to know the geological condition related to the potential
of oil and gas at an Open Area;
3. Exploration means a series of
activities in order to know the geological condition including exploratory well
drilling, at the Mining Concession Area or at a certain Working Area to
determine the existence of oil and gas;
4. Exploitation means a series of
activities covering the well drilling, well completion, development of field
facility and production operation including well abandonment and demobilization
of production facility at the last exploitation activity;
5. The Mining Concession Area means a
certain area granted to Pertamina to carry out
Exploration and Exploitation activities;
6. Working Area means a certain area
granted to Contractor to carry out the Exploration and/or Exploitation activities;
7. Pertamina means the National Oil and Gas
Mining Company established based on Laws No. 8 of 1971;
8. Contractor means an undertaking to
carry out the Exploration and/or Exploitation at a Working Area based on a
Production Sharing Contract or other contracts with Pertamina;
9. Copy means the result of data
duplication, either into the same or different storage media;
10. Director General means the Director
General of Oil and Gas;
11. The Directorate General means the
Directorate General of Oil and Gas.
Article 2
1. Data obtained from the General
Survey, Exploration and/or Exploitation shall be owned by the Government.
2. All data as mentioned in paragraph
(1) shall be submitted to the Director General.
3. Director General shall arrange,
manage and make use of all data as mentioned in paragraph (1) nationwide with
respect to the Data confidentiality principle referred to in Article 8.
4. Pertamina can use data obtained from
Exploration and Exploitation at its Mining Concession Area, as long as the
Mining Concession Area is still under its authority.
5. Contractor can use data obtained
from Exploration and Exploitation at its Working Area for a period of contract
granted to carry out the Exploration and Exploitation.
CHAPTER II
CLASSIFICATION OF DATA
Article 3
1. Data Classification based on type:
1. General Data,
are data that give identification on Basic Data, Processed Data and
Interpretive Data.
2. Basic Data are data obtained from
the General Survey, Exploration and/or Exploitation as a result of geological,
geophysical, geochemical survey, drilling activities, and production.
3. Processed Data are data obtained
from the processing of Basic Data.
4. Interpretive Data are data obtained
from the interpretation of Basic Data and/or Processed Data.
2. Data Classification based on status:
1. Restricted Data are data obtained
from Exploration and/or Exploitation, which are not yet open for public.
2. Open Data, are data obtained from
the General Survey, Exploration and/or Exploitation which are open for public.
3. Active Data, are data obtained by Pertamina or Contractor from Exploration and Exploitation
at the Mining Concession Area or Working area, consist of Restricted Data and
Open Data, which are still be used to support its activities.
CHAPTER III
DATA SUBMISSION
Article 4
1. Basic Data obtained from
geological, geophysical, geochemical survey, drilling activities, and
production shall be submitted to the Director General at the latest three
months after completion of the survey and such activities, except for Basic
Data obtained from the General Survey.
2. Processed Data as mentioned in
Article 3, paragraph (1), point c) shall be submitted to the Director General
at the latest three months after completion of the processing.
3. Interpretive Data as mentioned in
Article 3, paragraph (1), point d) shall be submitted the Director General at
the latest three months after completion of interpretation.
Article 5
Director General determines further provision of the
procedure of data submission by Pertamina or
Contractor as mentioned in Article 4 and submission of data obtained from
General Surveys.
Article 6
1. Submission of data as mentioned in
Article 4 shall be done by using a specified format or storage media, which
shall be in accordance with type of data, determined by the Director General.
2. Head of Pertamina
or Contractor shall be responsible for the completeness and correctness of data
submitted to the Director General as mentioned in Article 4.
CHAPTER IV
RESPONSIBILITY OF COSTS
Article 7
1. Pertamina shall be reliable for all Data
Management costs of Active Data from its Mining Concession Area, which are
under its possession.
2. Contractor shall be reliable for
all Data Management costs of Active Data from its Working Area, which are under
its possession during the contract period.
3. All costs spent by Pertamina or Contractor as referred to in paragraph (1) and
paragraph (2) are operating costs.
CHAPTER V
CONFIDENTIALITY OF DATA
Article 8
1. General Data as mentioned in
Article 3, paragraph (1), point a. are classified as
Open Data.
2. Status of Basic Data as mentioned
in Article 3, paragraph (1), point b. become Open Data
4 (four) years after received from Pertamina or
Contractor, except Basic Data obtained from General Survey, which directly
become Open data as referred to in Article 3, paragraph (2), point b.
3. Status of Processed Data as
mentioned in Article 3, paragraph (1), point c, become
Open Data 6 (six) years after received from Pertamina
or Contractor, except for Processed Data obtained from processing of Basic Data
of General Survey, which directly become Open Data as referred to in Article 3,
paragraph (2), point b.
4. Status of Interpretive Data as
mentioned in Article 3, paragraph (1), point d, become Open Data 8 (eight)
years after received from Pertamina or Contractor,
except Interpretive Data resulted from interpretation of Basic Data or
Processed Data obtained from General Survey, which directly become Open Data as
referred to in Article 3, paragraph (2), point b.
Article 9
The Director General can expedite or postpone the time
period of status change from Restricted Data to Open Data of the Basic Data,
Processed Data and Interpretive Data types as mentioned in Article 8, as
follows:
1. Expedition is decided following a
proposal by Pertamina or Contractor for Data from
their Mining Concession Area or Working Area, based on consideration of the
operational interest of Pertamina or Contractor.
2. The postponement is decided
following a proposal by Pertamina or Contractor for
Data from their Mining Concession Area or Working Area, based on consideration
of location of the Mining Concession Area or Working Area, with an additional
time period of Restricted Data status at the longest by 6 (six) years.
Article 10
If the Mining Concession Area or Working Area is returned
to the Government:
1. Data obtained by Pertamina or Contractor including their copies shall be
submitted to the Director General.
2. Head of Pertamina
or Contractor shall be responsible for the completeness, correctness and
originality of the Data submitted to the Director General.
3. Restricted Data as mentioned in
Article 3, paragraph (2), point a, from the Mining Concession Area or Working
Area shall become Open Data.
CHAPTER Vl
ACQUISITION, MANAGEMENT AND PUBLICATION OF DATA
Article 11
1. The Data acquisition activities of
General Survey shall be done by the Directorate General.
2. The Data acquisition activities of
Exploration and Exploitation at the Mining Concession Area or Working Area
shall be done by Pertamina or the authorized
Contractor.
Article 12
In case for the sake of completeness of General Survey
data, a General Survey should be done at part of the Mining Concession Area or
Working Area, the operator of the General Survey shall inform Pertamina or the authorized Contractor in advance.
Article 13
The Directorate General implements Data Management in an
integrated system that including activities of storage, processing,
arrangement, and utilization.
Article 14
1. Data as mentioned in Article 2,
paragraph (1) and Article 3, paragraph (1) can be made available for public
with concerning to Data confidentiality as referred to in Article 8.
2. Further classification of data type
as mentioned in paragraph (1) shall be stipulated by the Director General.
Article 15
1. In order to implement the
acquisition of the General Survey Data, management and publication of data as
mentioned in Article 11, paragraph (1), Articles 13 and 14, the Director
General can assign Other Party.
2. The Other Party as mentioned in
paragraph (1) shall fulfill the following requirements:
a. Indonesian legal entity.
b. To have experts and experiences in acquisition, management and publication
of data.
c. To have funding capability.
3. The appointed Party as referred to
in paragraph (1) shall carry out its work on behalf of the Directorate General
as the Data owner as referred to in Article 2, paragraph (1), based on an
agreement and shall be in accordance with the prevailing regulations.
Article 16
1. Use of Data by Pertamina
and Contractor shall be in purpose to support the activities of Exploration and
Exploitation of oil and gas.
2. Use of Data either by Pertamina or Contractor or Other Party with other purpose
than as mentioned in paragraph (1), shall be approved by the Director General.
CHAPTER VII
CULTIVATION AND SUPERVISION
Article 17
The Director General c.q.
Director of Exploration and Production cultivates and supervises the
implementation activities of Pertamina and Contractor
in the data acquisition and management and Other Party appointed as operator in
the Data acquisition, management and publication.
CHAPTER VIII
REMASTERING AND DESTRUCTION OF DATA
Article 18
In order to maintain the quality, use and management cost
reduction, data can be remastered and/or be
transferred to other storage media.
Article 19
Data which have been deteriorated and have no value to use, can be destroyed with the following procedures:
1. It has been evaluated by the Data
Evaluation Team established by the Director General.
2. Data must be totally destroyed, so
that it cannot be identified any more, either its contents or forms.
3. The destruction of data shall be
witnessed by at least 2 (two) staff of the Directorate General.
4. The data destruction shall be
implemented with List of Data Destroyed and Minute of Data Destruction.
Article 20
Data Copy, which are no longer be used, shall be
destroyed.
CHAPTER IX
OTHER STIPULATIONS AND CONCLUSION
Article 21
The
Director General establish further provision of the implementation of
acquisition, management and procedure on publication of Data, as mentioned in
Articles 11, 13 and 14.
Article 22
For data inventory, Pertamina
and Contractor shall submit a report to the Director General regarding all Data
under their possession.
Article 23
This Ministerial Decree becomes effective on the date of
its establishment.
Established in
On October 10th, 1997
The Minister of Mines and Energy