Date post: | 19-Aug-2015 |
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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