Lopez to keep ‘protected areas’ off-limits to mining

by Jonathan L. Mayuga - October 17, 2016

http://www.businessmirror.com.ph/lopez-to-keep-protected-areas-off-limits-to-mining/

Environment Secretary Regina Paz L. Lopez has placed all permits issued to mining operations in so-called protected areas (PAs) under review, as she vowed to make sure miners will be kept out of biodiversity sites under her watch.

Lopez also ordered the Department of Environment and Natural Resources (DENR) to conduct an inventory of PAs already threatened by mining activities.

Lopez wants to review the mining permits issued before and after their declaration as PAs covered under the National Integrated Protected Areas (Nipas) Act, underscoring the importance of protecting and conserving the country’s rich biodiversity. Lopez made the policy pronouncement as she announced on Friday the cancellation of the environmental compliance certificate (ECC) of Austral-Asia Mining Corp. for its nickel mine in Mati, Davao Oriental.  Austral-Asia’s nickel mine is situated between two heritage sites—the Pujada Bay and Mount Hamiguitan.

“Biodiversity is like gold,” the DENR chief said, as she reaffirmed her commitment and advocacy to protect the habitats of unique, but threatened, wildlife species against destructive human activities under her watch.

“No more mining in any protected area.  We are going to review mining permits.  If the permit was issued after the declaration of protected area, they should not have been issued at all.  If the permits came prior to the declaration, then we will review it.  We will always go for the common good,” Lopez said.

Several PAs, considered as key biodiversity areas, are currently threatened by mining activities.  Some of these are in Palawan, the country’s last ecological frontier, and the hinterlands of Mindanao.

Executive Order 79 declares PAs as mining “no-go zone,” but some Mineral Production Sharing Agreements (MPSAs) were issued in favor of mining firms prior to the passage of the Nipas Act, which sets aside vast tracts of land for conservation. “The way that the company [Austral-Asia] is doing its operation is putting at risk biodiversity in the area.  They don’t have a place to put their stock piles,” Lopez added.

Austral-Asia is the 11th mining operation slapped with suspension for failing to meet environmental standards. It is the first casualty for failing the criteria that involves biodiversity conservation.

The cancellation of Austral-Asia’s ECC was based on the findings and recommendation of the DENR-Biodiversity Management Bureau (BMB), which conducted a biodiversity assessment in the area.

“I’ve asked the BMB to conduct a biodiversity assessment in the area and they found out it is rich in biodiversity,” Lopez said.

Environment Undersecretary for Legal Affairs Maria Paz Luna said that, while MPSAs are contracts, mining permits remain as privilege issued to mining contractors that the government can revoke. “They can be revoked by the government anytime.”

Environment Undersecretary for Policy and Planning Marlo D. Mendoza underscored the importance of protecting the country’s remaining pygmy forests.  He said there are only a handful of pygmy forests in the country, so these should be protected against destructive human activities.

According to the DENR chief, the nickel mine pose a serious threat to the rich biodiversity in the area, which is near the Mount Hamiguitan Range Wildlife Sanctuary (MHRWS), a PA under the Nipas Act one of eight Asean  Heritage Parks (AHP) in the Philippines. Known for its rich ecosystem and white-sand beaches, Pujada Bay has been declared as a PA called Pujada Bay Protected Landscape and Seascape by virtue of Proclamation 431 on July 31, 1994, issued by former President Fidel V. Ramos.  It covers 21,200 hectares protecting the bay and its coastal area, including its four islands.  There are 25 genera of hard and soft corals in Pujada Bay.

Mount Hamiguitan, meanwhile, has been declared as a PA under the category wildlife sanctuary called MHRWS.

Among the wildlife found in the area are Philippine Eagles and several species of Nepenthes, or pitcher plants, endemic to the mountain.  The MHRWS covers approximately 2,000 hectares.

This woodland is also noted for its unique pygmy forest of century-old trees in ultramafic soil, with many endangered, endemic and rare species of flora and fauna.  In 2014 the MHRWS was declared as a United Nation Educational, Scientific and Cultural Organization World Heritage Site.  In 2015 it was declared an AHP. Director Theresa Mundita S. Lim of the DENR’s BMB was elated by Lopez’s policy pronouncement.

“We are very delighted with this development. We had a competent team composed of experts on mammals, reptiles, birds, plants and ecology, who conducted the assessment, with primary focus on the impact to the biodiversity, in the area,” Lim said.

“It is about time that biological-diversity considerations are taken seriously when planning and implementing development activities, not only in mining, so that the appropriate mitigating measures may be formulated and the potential loss of millions of pesos in investments may be avoided,” she added.

According to Lim, the country’s unique state of biological richness can be a source of wealth, as well, “providing rare and varied raw materials that can be harnessed for various industries, such as pharmaceuticals, food and cosmetics, and are even renewable, if properly extracted and utilized.”