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(NAR) VOL. 26 NO. 2/ APRIL - JUNE 2015

[ MGB Administrative Order No. 2015-07, April 30, 2015 ]


Adopted: 30 April 2015
Date Filed: 04 May 2015

WHEREAS, Section 16, Article II of the 1987 Philippine Constitution provides that the State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature;

WHEREAS, Section 2, Article XII of the Philippine Constitution provides that the exploration, development and utilization of mineral resources shall be under the full control and supervision of the State;

WHEREAS, the Philippines is a country rich in both biodiversity and mineral resources that should be utilized for the benefit of the Filipino people;

WHEREAS, Section 2 of Republic Act No. 7942, the Philippine Mining Act of 1995, provides that it shall be the responsibility of the State to promote the rational exploration, development, utilization and conservation of the country’s mineral resources through the combined efforts of Government and the private sector in order to enhance national growth in a way that effectively safeguards the environment and protect the rights or affected communities;

WHEREAS, Executive Order (EO) No. 192 mandates the Department of Environment and Natural Resources (DENR) to be the primary government agency responsible for the conservation, management, development and proper use of the country’s environment and natural resources, specifically forest and grazing lands, mineral resources, including those in reservation and watershed areas, and lands of the public domain, as well as the licensing and regulation of all natural resources as may be provided for by law in order to ensure equitable sharing of the benefits derived therefrom for the welfare of the present and future generations of' Filipinos;

WHEREAS, EO No. 79 in re: 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, requires the DENR to ensure that environmental standards in mining, as prescribed by the various mining and environmental laws, rules and regulations, shall be fully and strictly enforced;

WHEREAS, Section 3 of EO No. 79 requires that “To ensure compliance with environmental standards, laws, rules and regulations, and to rationalize the management and utilization of minerals towards sustainable development, a multi-stakeholder team led by the DENR shall conduct a review of the performance of existing operations... ;”

WHEREAS, the extractive nature of mining necessitates a greater degree of standards to ensure that any adverse impact on the environment is properly remediated in accordance with the norms of Responsible Mining;

WHEREAS, there is a necessity to develop strategies and policies to reduce mining fugitive and greenhouse gas emissions as a climate change mitigation action;

WHEREAS, the International Organization for Standardization (ISO) provides for a standard environmental system resulting from the United Nations Conference on Environment and Development or Earth Summit on the Environment held in Rio de Janeiro, Brazil in 1992, which draws out an effective framework to achieve improvement in environmental performance and compliance with the international acceptable standards;

WHEREAS, the requirement for mining contractors to undergo ISO Certification will help achieve sustainable growth by the development of an effective environmental management system;

NOW, THEREFORE, the foregoing premises considered, to institutionalize an environmental management system that shall ensure the adherence of local mining operations to international standards as a measure of Responsible Mining in the country, all mining contractors are mandated to secure ISO 14001 Certification in accordance with the following guidelines for the compliance of all concerned:

Section 1. Coverage

All holders of valid and existing Mineral Agreement (MA) and Financial or Technical Assistance Agreement (FTAA) that are in the Operating Period shall be covered by this Administrative Order.

Section 2. Effective Date

Each of the above holders of MA and FTAA engaged in metallic mining operations shall secure the ISO 14001 Certification within one (1) year from the date of this Administrative Order.

In the case of an MA or FTAA holder who is filing a Declaration of Mining Project Feasibility (DMPF) for metallic mineral, the ISO 14001 Certification shall be secured within one (1) year from receipt of the order approving the said DMPF.

MA and FTAA holders engaged in non-metallic mining operations may, at their option, secure the ISO 14001 Certification within the same one (1) year after the effectivity of this Administrative Order: Provided, That the mandatory compliance with the Certification shall be imposed thereafter under a deadline to be set at the appropriate time

Section 3. Liabilities

The failure by the mining contractor concerned to comply with or maintain the ISO 14001 Certification shall cause the suspension of the pertinent Environmental Compliance Certificate (ECC) and non-issuance of Ore Transport and/or Mineral Export Permit until such time that the said Certification is secured.

Section 4. Review of Existing Mining Operations

The DENR shall undertake a periodic review of the mining operations of all holders of MA and FTAA in the Operating Period, to ensure that they are compliant with the environmental standards, laws, rules and regulations, including the conditionalities of their ECCs and Environmental Protection and Enhancement Programs.

For the above purpose, all assessment team shall be created, to be composed of technical experts from the DENR (and other government agencies concerned. It shall have the mandate of undertaking the field assessment of the mining operations as part of the review and submitting the pertinent reports with recommendations to the DENR.

Section 5. Repealing Clause

If any provision of this Administrative Order is declared unconstitutional or invalid by a competent court, other sections or provisions hereof which are not affected thereby shall continue to be in full force and in effect as if the provisions/sections so cancelled had never been incorporated herein.

Section 6. Effectivity

This Administrative Order shall take effect fifteen (15) days after publication in a newspaper of general circulation and fifteen (15) days after registration with the Office of the National Administrative Register.

Recommending Approval:

Director, Mines and Geosciences Bureau
Undersecretary, Department of Environment
And Natural Resources and Concurrent
Director, Environmental Management Bureau
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