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(NAR) VOL. 29 NO. 3/ JULY - SEPTEMBER 18

[ ADMINISTRATIVE ORDER NO. 2018-19, August 20, 2018 ]

GUIDELINES FOR ADDITIONAL ENVIRONMENTAL MEASURES FOR OPERATING SURFACE METALLIC MINES

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Adopted: 17 August 2018
Date Filed: 20 August 2018

In consonance with Presidential Directives on regulating mining operations towards sustainable development and pursuant to the pertinent provisions of Sections 8 and 9 and Chapter XI of the Republic Act (RA) No. 7942, otherwise known as the Philippine Mining Act of 1995 and Executive Order No. 791, the following are hereby promulgated for the guidance and compliance of all concerned:

<B>Section 1. Basic Policy</B>

The  development,  utilization  and  conservation  of  mineral  resources  under Mineral  Agreements  (MAs)/Financial  or  Technical  Assistance  Agreements (FTAAs) and other mining tenements shall be undertaken responsibly under the principle that mining is a temporary land use. As such, it shall lead to an optimum post-mining   land   use   resulting   from  progressive   and   engineered   mine rehabilitation work done in cycle with mining operations. Mining must always be guided by current best practices in environmental management committed to reducing the impacts of mining and effectively and efficiently protecting the environment.

<B>Section 2. Objectives</B>

This Administrative Order is issued to provide new environmental policies that will ensure sustainable environmental conditions at every stage of the mining operation and minimize the disturbed area of a mining project at any given time.

<B>Section 3. Scope and Coverage</B>

1  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
 

This Order shall cover all MAs or FTAAs and other similar Mining Tenements having surface metallic mines under Development/Construction or Operating Period.

<B>Section 4. Definition of Terms</B>

As used in and for the purpose of this Order, the following shall mean:

a.    <B>Disturbed Areas</B> means all surface areas where development/ construction and utilization activities are ongoing or have been conducted;
b.    <B>Mining Tenement </B>means any tenurial instrument providing mining rights, such as Mining Patents and Special Mines Permit;
c.    <B>Pier  Stockyard</B>  means  an  area  adjacent  to  the  loading  facility  that  is designed to temporarily stockpile ore prior to shipment;
d.    <B>Subsoil</B>  means  the  mineral  horizon  between  topsoil  and  the  underlying parent material and usually lighter in color with an average depth of 0.15 to
1.20 meters;
e.   Temporary Revegetation means the process of re-establishing vegetation
using any kind of plant materials, such as, but not limited to, grasses, shrubs, vines, and/or trees, in a disturbed area where development/construction and utilization activities are temporarily suspended; and
f.    Topsoil means the layer of the soil characterized by the presence of soil organic matter and usually darker in color than subsoil with an average depth of 0 to 0.15 meters.

Other undefined terms used in this Order shall have the same meaning as defined in other relevant laws and their implementing rules and regulations.

<B>Section 5. Additional Environmental Measures</B>

To ensure that the objectives of this Order are implemented, the following measures shall be incorporated in the pertinent work program under the MAs/FTAAs and other Mining Tenements:

a.   Topsoil and Subsoil Management

All Contractors or holders of other Mining Tenements covered by this Order shall conduct stripping activities for topsoil and subsoil collection which shall be stockpiled separately for revegetation and rehabilitation purposes: Provided, that if the said soil material is not utilized within six months, the same shall be covered by vegetation or any equivalent soil conservation measures  to  retain  its  properties  and  protect  soil  organisms.  The  said stripping  activities  shall  be  included  in  the  Three-Year Development/Utilization Work Program (3YD/UWP) and the environmental management of the said activity shall be included in the Environmental Protection and Enhancement Program (EPEP)/Annual EPEP (AEPEP);

b.   Buffer Zone Management

A  20-meter  buffer  zone  shall  be  established  inward  from  the  Mining Tenement  boundary,  and  outward  from  the  edges  of  the  normal  high waterline of rivers and streams that are within the Mining Tenement area.
 

Extraction activities and facilities shall not be allowed within the said buffer zone, except for necessary access roads and bridges.

Existing facilities within the buffer zone as of the date of this Order shall be allowed to remain: Provided, That such facilities do not adversely impact the environment, otherwise they shall be required to be transferred pursuant to a revised AEPEP;

c.    Pier Stockyard as Temporary Stockpile Area for Ore Shipment

Pier Stockyards shall be utilized only as temporary stockpile areas for ore prior to loading operations for shipment. For Pier Stockyards with a capacity of 100,000 wet metric tons or less, the maximum period for temporary stockpiling of ores prior to shipment shall be sixty (60) days. For Pier Stockyards with a capacity of more than 100,000 wet metric tons, the maximum period shall be ninety (90) days. In case of force majeure and subject to a written notification to the MGB Regional Office concerned, said period may be extended until the force majeure ceases.

Remaining stockpile in the pier yards after the shipment should be reported and be included in the next shipment of ore. Said remaining stockpiles shall be provided with mitigating measures that will address the environmental impacts of said stockpiles:

d.    Maximum Disturbed Area for Nickel Mines

i.    The maximum disturbed area for extraction of ore at any one time shall be dependent on the scale of mining operations, as follows:

Scale of Mining Operation (WMT/Year)    Maximum
Disturbed Area
a. 1 Million or less    50 hectares
b. More than 1 Million but less than 3 Million    60 hectares
c. 3 Million but less than 5 Million    70 hectares
d. 5 Million but less than 7 Million    80 hectares
e. 7 Million but less than 9 Million    90 hectares
f. 9 Million and up    100 hectares

For projects that have a processing plant or those with long term supply agreement with domestic processing plant, the maximum disturbed area for extraction shall be one hundred sixty-two (162) hectares or two (2) meridional blocks.

Areas utilized for ancillary facilities, such as settling ponds, stock yards, sumps,  motorpools,  administrative  offices,  and  other  similar  facilities, shall not be included in the above maximum disturbed area limit; and

ii.  Temporary  revegetation  or  progressive  rehabilitation  shall  be implemented immediately on disturbed areas exceeding the maximum disturbed area limit provided hereof.

During the course of operation, should the Contractor or holder of other Mining  Tenements  intend  to  open  an  additional  area  beyond  the maximum disturbed area limit, an equivalent area should undergo Temporary Revegetation or progressive rehabilitation to ensure that the
 

maximum disturbed area limit is strictly observed. These areas for development/utilization and Temporary Revegetation or progressive rehabilitation should be clearly defined in the pertinent 3YD/UWP and EPEP/AEPEP.

Areas subject of a Temporary Revegetation which are not utilized for mining operations for a period of three (3) years shall be immediately subject to progressive rehabilitation.

Section 6. Performance Bond

All Contractors or holders of other Mining Tenements covered by this Order shall post annually a Performance Bond of Five Million Pesos (PhP5,000,000.00) in a duly licensed bonding company to guarantee compliance and implementation of the  Temporary  Revegetation  and/or  the  progressive  rehabilitation  of  the disturbed areas beyond the maximum disturbed area limit. The performance bond shall be forfeited for failure to fully comply with the required Temporary Revegetation/progressive rehabilitation and shall be utilized for the initial implementation of the same.

Section 7. Penalties

Non-implementation of temporary revegetation provisions of this Order shall be penalized, as follows:

First offense: Fine of fifty thousand pesos (PhP50,000.00) and non-issuance of Ore Transport Permits (OTPs)/Mineral Ore Export Permits (MOEPs) until the disturbed areas beyond the maximum disturbed area limit have been re- vegetated, as the case may be;

Second offense: Fine of fifty thousand pesos (PhP50,000.00), non-issuance of OTPs/MOEPs and suspension of mining operations by the MGB RO concerned until the disturbed areas beyond the maximum disturbed area limit have been re- vegetated, as the case may be; and

Third offense: Cancellation of the MAs, FTAAs and other Mining Tenements and permanent disqualification of the Contractor or holder of other Mining Tenements from acquiring mining rights and operating mining projects.

Unless otherwise proven, the highest official in the mine site or any of the directors, trustees or officers of the Contractors, Operators or holders of other Mining  Tenements  who  is  liable  for  any  violation  of  this  Order  shall  be permanently disqualified from acquiring mining rights and operating mining projects.

Any other violation of this Order shall be penalized with a fine of fifty thousand pesos (PhP50,000.00), and non-issuance of OTPs/MOEPs until the violation is rectified. Fines imposed for any violation of this Order shall be payable to the MGB RO concerned.

Holders  of  mining  tenements  and  their  operators  including  their  directors, trustees, officers, and the highest official in the mine site who participated in the commission  of  any  violation  enumerated  in  this  Order,  as  accomplices  or
 

accessories, shall be solidarily liable and shall be administratively, civilly and criminally liable.

Any public official or employee, who in collusion with any person or in consideration of any offer, promise, gift or present fails or omits to perform his/her duty in accordance with the strict implementation of the 3YD/UWP in relation to this Order or commits any violation in connection thereto shall be subject to the pertinent penal provisions of RA No. 6713, otherwise known as Code of Conduct and Ethical Standards for Public Officials and Employees, and other related and applicable laws without prejudice to the filing of administrative case against him/her.

Section 8. Transitory Provision

For existing operating nickel mines that exceed the maximum disturbed area, as provided in Section 5.d, the Contractors or holders of other Mining Tenements shall submit a Temporary Revegetation Plan (TRP) that shall set out activities to temporarily revegetate the areas exceeding maximum disturbed area limit.

The TRP shall be submitted to the MGB RO concerned within fifteen (15) days upon the effectivity of this Order. The same shall be validated and approved within thirty (30) days upon receipt thereof by the MGB RO concerned. The period of implementation of activities shall be within a non-extendable period of six (6) months based on the approved TRP: Provided, That the implementation of the TRP shall be undertaken within the current year.

For existing operating surface metallic mines, the Contractor or holder of other Mining Tenement shall be required to submit a revised AEPEP to the MGB RO concerned  within  fifteen  (15)  days  upon  the  effectivity  of  this  Order.  Said submitted revised AEPEP shall be evaluated and approved by the MGB RO within thirty (30) days. The revised AEPEP shall include plans for topsoil/subsoil, buffer zone management and other environmental measures to address the environmental management provisions of this Order.

Section 9. Separability Clause

If any clause, sentence, section or provision of this Order is held or declared to be unconstitutional or invalid by a competent court, the remaining parts of this Order shall not be affected thereby.

Section 10. Repealing Clause

All  orders,  circulars  and  directives  or  parts  thereof  inconsistent  with  the provisions of this Order are hereby repealed or modified accordingly.

Section 11. Effectivity

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

(SGD) ROY A. CIMATU
Secretary</DIV>