Published August 31,
2018, 10:00 PM By Madelaine B. Miraflor
A policy limiting the
area where miners can operate is now effective, forcing mining companies to
start their rehabilitation process way ahead of their planned schedule.
Environment Secretary
Roy Cimatu finally signed this week the Department Administrative Order (DAO)
on progressive rehabilitation, which aims to minimize the disturbed area of a
mining project at any given time.
The order covers all
Mineral Agreements (MAs), Financial or Technical Assistance Agreements (FTAAs),
and other similar mining tenements having surface metallic mines under
development, construction or operating stage.
Under the DAO, if a
miner is producing 1 million metric tons (MT) or less, they can only extract
within 50 hectares of their mine sites, while those producing around 1 million
to 3 million MT are only allowed to operate within 60 hectares of their
tenements.
Those producing 3
million to 5 million MT, on the other hand, can only excavate within 70
hectares of their contract areas, while those with annual production of 7
million MT but less than 9 Million can only extract within 90 hectares of their
mine sites.
The new policy also
requires mining firms to incorporate additional environmental measures such as
creating topsoil and subsoil management; the establishment of buffer zone
management; and setting aside a pier stockyard as temporary stockpile area for
ore shipment.
Furthermore, temporary
revegetation or progressive rehabilitation shall be implemented immediately on
the disturbed areas exceeding the maximum disturbed area limit.
Since the DAO will
force mining companies to make major adjustments in their operations, they
already began with their respective “preparatory works” as early as June in
order to be able to comply with it.
Environment
Undersecretary Jonas Leones earlier said that non-compliance of the DAO — which
would be applicable to all mining operations, even the existing ones that
already have feasibility studies — can result to suspension and closure.
Based on the existing
laws, miners are only required to implement their final mine rehabilitation or
decommissioning plan at least five years prior to the end of their mineral
agreements, which normally have a term of 25 years.
Leones said the DAO
“doesn’t violate the rights of the miners” because “in the first place, they
are required to rehabilitate and that the new order is just requiring them to
adjust it”.
“They really have to adjust,” Leones said. “This order really intends to cause a shake-up the industry”.
“They really have to adjust,” Leones said. “This order really intends to cause a shake-up the industry”.
Aside from progressive
rehabilitation, the DENR is also looking at increasing the rehabilitation funds
that are required of miners.
Under the Philippine
Mining Act, a Mine Rehabilitation Fund (MRF) shall be deposited as a trust fund
in a government depository bank and shall be used for physical and social
rehabilitation of areas and communities affected by mining activities and for
research on the social, technical and preventive aspects of rehabilitation.
Chamber of Mines of the
Philippines (COMP) Executive Director Ronald Recidoro said before that miners
are now ready to comply with the new order.
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