PHILIPINE ENVIRONMENT CODE

Air Quality

Water Quality

Land Use Mgt

Natural

Resources

Waste Mgt

Miscellaneous

Prov

Sustainable Developmen

t

Project

EIA

Solid Waste

Forestry &

Protected

Areas

Agricul-

ture Pesti-cides

Zoning

Water

Pollution

Air Pollutio

n

Housing

Mining Fisher

iesWate

r Utilit

y

-PD 1151

-PD 1152

Constitution

Socio-economic Growth

Economic Growth

PERMIT CLEARANCES from govt agencies

Theoretical and Legal Framework of the Philippines on Environmental Protection

Ecosystem Research & Dev. Bureau

Environmental ManagementBureau

ForestManagementBureau

LandManagementBureau

Protected Areas and Wildlife

National Mapping and Resource Info Authority

National Water Resource Board

Natural Resources and Dev Corp

Laguna Lake Authority

MGB

MGB

DENR AO 94-40, IRR of RA 7942

Direct charge in the administration and disposition of mineral lands and resources

Undertake geological, mining, metallurgical, chemical and other researches, as well as mine exploration surveys.

Recommend to secretary the granting of Mineral Permits

Assist EMB in the conduct and processing of EIA

Deputize qualified agencies to police mining activities

Cancel mining rights and applications

VISION

Gov

ernm

ent

Com

munit

y

Prosperous

Socially Sustainable

Economically Sustainable

EnvironmentallySustainable

MINERAL INDUSTR

Y

Contributes to the Economic

Well being of the Country

MGB

Scientifically Reliable as Geo-Resource Bureau

Respo

nsiv

e Po

licy

Fram

ewor

k

Economic Growth

Countryside Community Development

Part

ners

hip

with

Stak

ehol

ders

Effectiv

e

Inst

itutio

nal

Stru

ctur

e

MISSION

Promotes

Geological

Studies

Sensitive to

the impac

t minin

g

MINERAL RESOURCES

Mine Management

Finance and Admin Division

Mining Environment & Safety Division

Geoscience Division

Mine Manageme

nt

Evaluate mining rights application

Mind Lands survey section

Monitors the compliance of mining contractors

Exploration Permit 115

Mineral Production Sharing Agreement 339

Financial or Technical Assistance Agreement 6

Mineral Processing Permit 68

Industrial Sand and Gravel Permit 214

Mining Lease Contract 36

TOTAL EXISTING/APPROVED MINING PERMITS 778

Approved Mining Tenements (As of January 2012)

PANEL of ARBITRATORS

2 lawyers 1 Geologist

Multi-Partite Monitoring Team

(MMT)

C/PMRB, under Small Scale Mining Act

PANEL of ARBITRATORS

2 lawyers 1 Geologist

Mining Environment

& Safety Division

SHESSafety, Health,

Environment and Social Aspect

MRESMine

Environmental Management

Section

MSHS/SDMS Mine Safety &

Health Section/Social

Development & Management

Section

DENR AO 96-40,

MMT

EPEP (DENR AO-96-40)

= refers to comprehensive and strategic management plan

for the life of the mining project of which

AEPEP are based and implemented

to achieve the environmental management objectives,

criteria and commitments including protection

and rehabilitation of the

disturbed environment.

*EWP (Plan)

Finance and Admin

Division

Geoscience Division

Land Use Plan

Determining what activities (agricultural, construction)

a given piece of land can support

without causing damage to the land itself in order that it can be used across many generations without jeopardizing,

but in fact, enhancing its value.

GEOHAZARDS in the Philippines

VOLCANIC ERUPTION

Pinatubo, June 1991

FLOODING

Infanta Quezon, Nov. 2004

MASS WASTING

Guinsaugon Leyte, February 2006

TSUNAMI

Phuket Thailand, 2004

EARTHQUAKE

Baguio, July 1990

Land Use Plan

Produce Geo-Hazard Maps

Advices on Structural Hazard Mitigation Aimed at controlling or resisting the hazards such as landslides,

earthquakes, flooding. Recommends the sites for Evacuation Centers Recommends the sites for Relocation Centers

GEOHAZARD MAPS

GEOHAZARD MAPS

1. ENFORCEMENT OF SMALL-SCALE MINING LAWS INVOLVING AREAS NOT DECLARED AS GOVT. MINERAL RESERVATIONS, SUBJECT TO POLICIES, STANDARDS AND GUIDELINES OF THE DENR

Devolved Functions of the MGBDENR DAO 92-30 as amended by DAO 92-37

Devolved Functions of the MGBDENR DAO 92-30 as amended by DAO 92-37

2. Issuance of permit for guano collection, special permits for pebble picking and to extract sand, gravel and other quarry resources . . . . , the permits thereof shall be issued by the Provincial Governor upon area clearance from the concerned DENR Regional Office and upon the recommendation by the PMRB, and;

3. VERIFICATION AND ADJUDICATION OF CONFLICTS ON AND COLLECTION OF FEES AND CHARGES FOR GUANO COLLECTION AND THE EXTRACTION OF SAND, GRAVEL AND OTHER QUARRY RESOURCES.”

Devolved Functions of the MGBDENR DAO 92-30 as amended by DAO 92-37

CHALLENGES

• Small-Scale mining:

• The unabated use of mercury in extracting gold;• Unsafe mining practices;• Lack of environmental impact mitigation;• Rampant child labor; • Illegal use of heavy equipment and explosives; • Non-collection of excise tax;• Rapid depletion of mineral deposits due to

selective unsystematic method of mining; and • Proliferation of illegal small-scale mining

operations.

Issues and Challenges

1. MGB Says, LGU Says (Devolution)

2. MGB Says x, Mining Company Implements Y

3. Declaration of Land as National Heritage, or declared as under NIPAs but the bureau has approved mining permits.

Lack of government personnel with technical expertise

Inadequate budget for monitoring mining operationsMGB and NCIP fails to apply the FPIC, (due to the

lack of budget and expertise dealing the complex matter concerning the I.Ps. )

Local governments do not have the capacity to estimate the projected benefits of mining.

MGB has few experts on natural resource valuationLarge number of applications and MGB cannot cope

up

No effective monitoring Violators are rarely penalizedBureaucracy, Red tape exist Graft and corruption happensRDs are bribedBreakdown of the Mining Waste DisposalAgencies such as BIR, DENR, NCIP and LGUs

have differences in interpreting the law.

Possible GAME Changer-MiningHouse Bill 4052: An Act Requiring Mining Firms to Reforest land that they destroy and denuded, providing penalties for violations . (2014)

House Bill 2888: An Act Instituting Independent Health And Environmental Assessment for All Mining projects , amending RA 7942. Senate Counterpart #334 . (2013)

House Bill 171; An Act Re-orienting the Philippine Mining Industry, Ensuring the Highest Industry Development Standards and for other Purposes (2013)

Senate Bill 2676: An Act Declaring Biliran province as Mining Free Zone (2015)

Senate Bill 2374: An Act providing for the Mandatory Domestic Processing of all Minerals, amending RA 7942

THE GAME Changer- GeoScience

T Washi

ST Bopha

ST Haiyan

Earthquake, and all other disasters

CLIMATE CHANGE

VISION

Gov

ernm

ent

Com

munit

y

Prosperous

Socially Sustainable

Economically Sustainable

EnvironmentallySustainable

MINERAL INDUSTR

Y

Contributes to the Economic

Well being of the Country

MGB

Scientifically Reliable as Geo-Resource Bureau

THANK YOU!

Errol Merquita