DENR sets rules for small-scale miners

Thousands of small-scale mining operations have not been compliant with environmental regulations.

Minahang Bayan areas provide small-scale miners the opportunity to operate legally, and they allow the government to better monitor and regulate their extractive activities. AFP

According to the Mines and Geosciences Bureau, the country has an estimated $840 billion worth of untapped mineral wealth comprised of gold, nickel, copper and chromite.

This makes the Philippines one of the most mineral-rich countries in the world.

In this regard, government and stakeholders in the mining industry have collectively been working to create measures that would help the country maximize the vast potential of its mineral resources. Drawing up such policies at this point in time has become more imperative as global demand for minerals escalates.

At the recently-held three-day Mining Philippines 2019 International Conference and Exhibition in Manila, the Department of Environment and Natural Resources (DENR) said it remains committed to pursuing its ongoing initiatives to reinforce stricter regulations for mining practices in the country.

DENR Undersecretary for Climate Change Service and Mining Concerns Atty. Analiza Rebuelta-Teh said her agency is presently revising the mining regulatory process, development of the design and performance standards for open-pit mines, and the periodic review of the no-go zones for mining applications.

Currently, the country has mined only less than 2 percent of the 30 million hectares of land allocated for mining.

“That 2 percent can be further nourished but the miners should follow the environmental concerns,” Teh said.

Likewise, DENR will further fast-track approval of applications for Minahang Bayan areas nationwide and address certain issues plaguing small-scale miners who have yet to be regulated by environmental rules.

Under the Republic Act 7076 or the Act Creating People’s Small-Scale Mining Program, small-scale mining operations are overseen by the Provincial Mining Regulatory Board.

However, the Executive Order (EO) 79 prohibits the issuance of permits to small-scale mining applying for Minahang Bayan.

Currently, Teh said the environment department, following the EO 79, will be requiring small-scale mining to be declared part of the Minahang Bayan before they be allowed to continue operations.

On top of this, he disclosed that small-scale mining firms will be required to get the consent of mining contractors.

The revised rule cites the DENR Secretary as having direct supervision and control over programs and activities of small-scale miners within Minahang Bayan areas.

Mining operators with pending applications for Minahang Bayan that fail to comply with DENR’s disclosure requirements — primarily the Environmental Compliance Certificate (ECC) — for the declaration of Minahang Bayan face suspension and won’t be issued Ore Transport and Mineral Export Permits.

A study titled “Advancing Sound Resource Management as a Requisite for Sustainable Development” by Dr. CP David said small-scale mining activities in the country are “highly unregulated” both from an environmental and fiscal perspective.

This neglect needs to be approached as a separate challenge with its own set of eco-political complications, according to Dr. David.

He said thousands of small-scale mining operations have not been compliant with environmental regulations. Aggravating the situation is the regulator’s limited ability to enforce regulations and the environmental damage that results has reflected badly on the entire mining industry.

Minahang Bayan areas provide small-scale miners the opportunity to operate legally, and they allow the government to better monitor and regulate their extractive activities. The areas also promote safety and environmental protection, as well as generate revenues for the government.

According to Teh, more Minahang Bayan areas nationwide are increasing the opportunities for the government to track small-scale mining and provide them with proper technical assistance.

Teh added that the Philippines can fully reap the benefits of mining if the industry stakeholders strictly adhere to the responsible mining standards.