MANILA – Philippine state media said Monday the new mining policy of the Aquino administration aims to ensure that the ordinances issued by the local government units are consistent with the national laws with regard to mining.
“What the EO (Executive Order No. 79) is saying is that somehow there must be consistency between national laws and local laws. And, of course with this, the local ordinances cannot be against national policies,” Environment and Natural Resources Secretary Ramon Paje said.
President Benigno Aquino signed on July 6 the Executive Order No. 79 – Institutionalizing and Implementing reforms in the Philippine mining sector providing policies and guidelines to ensure environmental protection and responsible mining in the utilization of mineral resources.
“Sec. 12 (of EO No. 79) recognizes the need for national laws and local ordinances to be harmonized to ensure the proper management and regulation of the mining industry,” Paje explained.
He said the EO also aims to reconcile the roles of the national government and the local government units (LGUs) as far as mining is concerned.
With the crafting of the EO, the national government shall coordinate and cooperate with the LGUs in ensuring the proper implementation of mining related laws, rules and regulations, especially small-scale mining.
Concerned government agencies are also directed to study possible legislation increasing LGU shares from the utilization of resources and to provide mechanisms to hasten the release of their shares through proper coordination between and among agencies.
Paje said the Provincial and City Mining Regulatory Boards will help the LGUs to properly regulate small-scale mining and provide an appropriate forum for the different stakeholders.
The local government units, the EO said, shall be a part of the Mining Industry Coordinating Council to ensure that their position and concerns are addressed.
“But if there are local ordinances, like the one in South Cotabato—it remains valid because there is a process in invalidating it. It remains valid until it is invalidated by competent authorities or through the courts,” Paje said.
The EO directs the national government, through the Department of Interior and Local Government, to work with the LGUs to ensure that local ordinances are consistent with and conform to national laws, issuances, and policies, to ensure the proper implementation of laws such as the Mining Act.
“Our belief is that (the EO) is already attractive because I think the attraction would be more on the volume and quality of our deposits. We are already at par with the other countries except for these royalties and excise tax. And if we increase it, for example to five to seven percent, that is still within the international standard and that is what they are paying if they are operating abroad,” Paje said.
The mining policy also paves the way for the government to implement other measures such as identifying additional areas closed to mining, the conduct of review of the performance of mining operations and cleansing of non-moving mining rights holders, assess and improve small-scale mining conditions, the use of integrated maps and Programmatic Environmental Impact Assessment.
The Department of Enviroment and Natural Resources is tasked to conduct proper accounting of the Environmental Protection and Enhancement Programs of mining companies and to use geo hazard and multi-hazard maps and climate change forecasts in determining “go” and “no-go” areas.
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