Mining policy clarified

THE GOVERNMENT yesterday released long-awaited rules for the implementation of its new mining policy which specifies, among others, areas closed to miners and guidelines for the regulation of small-scale operations.

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Environment Secretary Ramon Jesus P. Paje said in a briefing at the Ninoy Aquino Parks and Wildlife Center in Quezon City that the implementing rules and regulations (IRR) of Executive Order No. 79 are set to take effect “after 15 days from publication in a newspaper of widespread circulation.”

“The MICC (Mining Industry Coordinating Council) has already approved this; it just has to go through the process of putting it in the official records. These are guidelines developed through a series of consultations among agencies and also with civil society organizations, local government units, indigenous peoples and industry stakeholders conducted within the two-month period given to us,” said Mr. Paje.

A copy of the IRR showed the government will stop accepting mining applications for areas identified in national and local tourism development plans, prime agricultural lands, island ecosystems and permanent danger zones, among others. These are on top of areas already closed to mining contracts under Section 19 of Republic Act 7942 — An Act Instituting A New System of Mineral Resources Exploration, Development, Utilization, and Conservation — which include military and other government reservations, old growth or virgin forests, proclaimed watershed forest reserves, wilderness areas, mangrove forests, mossy forests and national parks. “All pending mining applications for these areas are also deemed denied upon the effectivity of EO 79,” Mr. Paje said.

REVIEW LOOMS

The Environment department is also set to conduct periodic reviews of mining contracts already operating in these “no-go” zones. The first review will happen six months after the EO takes effect and will be conducted every two years thereafter.

“Agencies concerned must also submit to the NAMRIA (National Mapping and Resource Information Authority) within one month areas for inclusion in the integrated map of mining areas we are seeking to create through the EO,” Mr. Paje said.

The government, through the EO’s implementing rules, is also limiting the operations of small-scale miners to minahang bayans declared by the national government.

“Small-scale miners will only be allowed to mine gold, silver and chromite. Existing permits for small-scale mining operations which have been issued by local government units will be given a year as a transition period, meaning these will be allowed to expire but can no longer be renewed. They must get a minahang bayan permit once their permits lapse,” said Mr. Paje.

He added that hydraulicking, compressor mining and the use of mercury are prohibited in small-scale mining operations.

“Sale of gold from their activities shall also only be to the Bangko Sentral ng Pilipinas and its accredited buyers. We’re doing this to limit gold smuggling,” he explained.

DISQUALIFIED

Through the EO, the government is also set to strictly enforce environmental standards through implementing agencies like the Mines and Geosciences Bureau (MGB) and the Environmental Management Bureau (EMB).

“Mining rights shall be granted only to those who can comply with the government’s environmental management record requirement. This means that all applicants who have previous violations and have not complied with their respective penalties or settled their liabilities will be permanently disqualified from acquiring mining rights and operating mining projects,” Mr. Paje explained.

Among the other highlights of the IRR are the government’s imposition of a six-month limit on decisions on exploration permit applications and the use of “meridional blocks” to delineate areas covered by specific mining contracts.

Mines and Geosciences Bureau (MGB) Director Leo L. Jasareno said on the sidelines of the briefing that the issuance of the IRR serves to implement the EO, which was signed last July 6.

“The agencies assigned to implement the various provisions will issue their own guidelines within their own deadlines,” said Mr. Jasareno.

“So will the technical working groups assigned to study various matters, like for example the new revenue-sharing scheme and also new application and processing fees we will impose on mining applications.”

Rocky G. Dimaculangan, vice-president for communications of the Chamber of Mines of the Philippines, said in a text message yesterday that the group was “unable to comment in the meantime” as it has not yet seen the final version of the guidelines.

The mining industry group had said last Sunday that it appreciated consultations the government conducted in the drafting of the implementing rules. –BETTINA FAYE V. ROC, Reporter, Businessworld