Manila said the Philippine Mining Act of 1995 and its Revised Implementing Rules and Regulations is considered in the industry today as one of the most socially and environmentally-sensitive legislations in its class.
It has specific provisions that take into consideration the following – Local government empowerment; Respect and concern for the indigenous cultural communities; Equitable sharing of benefits of natural wealth; Economic demands of present generation while providing the necessary foundation for future generations; Worldwide trend towards globalization; and Protection for and wise management of the environment, said the Cagayan de Oro City-based paper in a report.
The provision of the Philippine Mining Act that allows open-pit mining however has been placed in legal question by local government units, which passed ordinances and resolutions banning the mining practice.
In South Cotabato, the provincial government has passed the Environmental Code which bans open pit mining.
Zamboanga del Norte also has expressed its opposition to the practice in a resolution passed by its provincial board.
Zamboanga Sibugay was likely to follow suit, said the paper.
The ban placed at risk billions of dollars in investments, said the paper.
The mining industry has assailed the ban.
Like a wildfire burning everything in its path, the South Cotabato Environmental Code is developing into a conflagration spreading to as far as the Zamboanga Peninsula and Palawan to push down to its knees the mining industry in Mindanao.
Local anti-mining legislation, the armed New Peoples Army (NPA) insurgents, and multiple taxation are the biggest threats to mining in Mindanao, said the Coalition of Responsible Mining (Coremin).
Coremin raised its concern about threats to the mining industry during the 20th Mindanao Business Conference (MinBizCon) held in Pagadian City in early September.
The SoCot Environmental Code has banned open-pit mining to pose a threat to the planned operation of the US$5.9 billion Tampakan Copper and Gold Project of Sagittarius Mines, Inc. in Tampakan in South Cotabato province.
The South Cotabato Enviromental Code has served as a template for other provinces like Zamboanga del Norte and Palawan to copy, said Coremin.
In the statement, Coremin urged the Aquino administration to resolve the conflict between local legislations and the Mining Act of 1995, which does not ban open-pit mining.
One Response to Malacanang: Mining Act most environmentally sensitive
The Mining Act (which was not in effect during the many disasters before like in Marinduque) requires all extractive industries like mining to submit an environmental impact assessment/statement (EIA/S). if the DENR through its Environmental Management Bureau is satisfied with these requirements then it will issue an Environmental Compliance Certificate (ECC). meaning the industry or company can proceed with the extraction of minerals subject to the environmental conditions imposed by the EMB and rehabilitation of the areas affected by the project. hence, any industry can be regulated and penalized by the government arm if they misbehave.
The Mining Act (which was not in effect during the many disasters before like in Marinduque) requires all extractive industries like mining to submit an environmental impact assessment/statement (EIA/S). if the DENR through its Environmental Management Bureau is satisfied with these requirements then it will issue an Environmental Compliance Certificate (ECC). meaning the industry or company can proceed with the extraction of minerals subject to the environmental conditions imposed by the EMB and rehabilitation of the areas affected by the project. hence, any industry can be regulated and penalized by the government arm if they misbehave.