President Aquino issues EO to reform mining sector
Press Release
July 9, 2012
MALACAÑANG – President Benigno Aquino III has approved wide-ranging
reforms in the mining industry under Executive Order No. 79 put in
place to strengthen environmental protection, promote responsible
mining and provide a more equitable revenue-sharing scheme amid the
projected boom in the sector.
Executive Secretary Paquito N. Ochoa Jr. said the new presidential
directive, which the Chief Executive signed on July 6, is envisioned
to harmonize mining policies and regulations in the country and make
players in the mining industry more transparent and accountable.
“The executive order is a product of input from stakeholders at all
levels to address their concerns,” Ochoa said. “We are confident that
with the EO in place, we will be able to put order in processing
mining applications and at the same time reinforce protection of the
environment, spur economic growth, and create employment
opportunities.”
The presidential order was based on the joint resolution of the
Cabinet clusters on climate change adaptation and mitigation, and
economic development dated March 16, 2012 to improve environmental
mining standards and increase revenues to promote sustainable
development and social growth, both at the national and local levels.
EO NO. 79 identifies zones closed to mining applications – either for
contracts, concessions or agreements – including areas in the National
Tourism Development Plan, critical areas and island eco-systems, prime
agricultural lands covered by RA 6657, strategic agriculture and
fisheries development zones and fisheries development zones an fish
refuge and sanctuaries declared as such by the Department of
Agriculture. Mining is not allowed in areas already identified under
the existing laws on mining, agrarian and protected areas, as well as
in sites that may be determined by the Department of Environment and
natural Resources (DENR).
Mining contracts, concessions and agreements approved prior to the
issuance of the new directive remain binding provided that companies
comply with existing laws, rules and regulations, and the terms and
conditions of the grant.
No new mineral agreements will be issued, however, pending the passage
of legislation that will rationalize the revenue-sharing schemes and
mechanisms. In line with this, the DENR and the Departments of Budget
and Management (DBM) and Finance (DoF) are also ordered to ensure the
timely release of the share of local government units (LGUs).
“These agencies are likewise directed to study the possibility of
increasing LGUs’ share as well as granting them direct access similar
to arrangements with the Philippine Export Processing Zones (PEZA),”
the EO stated.
The DENR may continue though to grant and issue exploration permits
under existing guidelines and laws, and grantees will be given the
right of first option to develop and utilize minerals in their
respective areas once a new law is in effect.
According to Ochoa, the presidential directive also calls for the full
enforcement of environmental standards, tasking the DENR and local
government units (LGUs) to ensure that large- and small-scale miners
comply with the laws or face appropriate sanctions.
On top of this, the DENR-led multi-stakeholder team is directed to
assess the performance of existing mining operations regardless of
size, punish violators and purge the list of non-moving mining rights
holders.
While the EO allows the opening of areas for mining rights and mining
tenements over areas with known and verified mineral resources and
reserves, including those owned by the government and expired
tenements, this should be undertaken through a competitive public
bidding, which guidelines and procedures should be formulated by the
Mines and Geosciences Bureau (MGB).
Potential and future mining sites with known strategic mineral
reserves and resources, however, may be declared as mineral
reservations for the development of strategic industries identified in
the Philippines Development Plan and a national industrialization
plan.
To improve small-scale mining operations, the EO outlines steps to
ensure that activities comply with the Small-Scale Mining Act of 1991
and the Environmental Impact Statement requirements spelled out in
Presidential Decree No. 1586. Specifically the law designates Minahang
Bayan or the People’s Small-Scale Mining Areas, and mandates the
creation and operation of Provincial/City Mining Regulatory Boards.
The use of mercury in small-scale mining is strictly prohibited, the
EO stated.
Ochoa also underscored the key provisions of the presidential
directive that enjoin concerned national government agencies and LGUs
to closely coordinate to harmonize mining policies on conservation,
management, development and utilization of the state’s mineral
resources.
In fact, Ochoa added, the Union of Local Authorities of the
Philippines (ULAP) will be represented in the Mining Industry
Coordinating Council (MICC) that will be created under the EO.
The MICC, co-chaired by the head of the Cabinet clusters on climate
change adaptation and mitigation, and economic development, is tasked,
among others, to conduct assessment and review of all mining-related
laws, rules and regulations, issuances and agreements toward the
formulation of recommendations for better coordination between the
national government and LGUs.
Additionally, the MICC shall launch campaigns against illegal mining,
serve as oversight committee over the operations of the
Provincial/City Mining Regulatory Boards, monitor the implementation
of mining laws and regulate small-scale mining participants, who are
equally accountable to the same environmental and social obligations
as large-scale mining companies.
Funding for the implementation of the EO, which takes effect
immediately upon publication in a newspaper of general circulation,
will come from existing budget of all government agencies involved.