Palawan govt issues 25-year mining halt
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Nov 26, 2008, 7:15:01 PM11/26/08
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Palawan govt issues 25-year mining halt
abs-cbnNEWS.com | 11/26/2008 2:54 PM
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The local government of Palawan issued a 25-year moratorium on
issuance of large and small scale mining permit amid reported
violation on mining regulations
Palawan Gov. Joel T. Reyes signed last Nov. 25 Resolution No. 7728-08,
which declared the moratorium upon approval of the provincial
legislative board.
In a statement, the Palawan provincial office said, “The resolution
declares the firm resolve of the provincial board to oppose at any
time any new large scale mining application or to press for
nullification of any existing mineral agreements and cessation of
their mining operations.”
Gov. Reyes signed the resolution during the province's ceremonial
lighting of Christmas trees. He said the mining ban is "a special gift
to all Palaweños including the environmentalists and anti-mining
advocates."
Pro-environment
The Palawan provincial government issued the ban on the defense that
mining is “incompatible” with the Strategic Environmental Plan for
Palawan.
Palawan is considered as the Philippines' "Last Frontier" and its
local leaders are known staunch advocates of environmental causes and
have been vocal against mining activities in the region.
The island region sits on rich mineral deposits, including nickel and
copper.
The mining ban does not affect decade-old mining operations of
Filipino-Japanese consortium in Rio Tuba, southern Palawan, but would
impact plans of listed firm Oriental Peninsula, which announced that
it is set to operate nickel mining sites in two towns mid-west of the
island province. Oriental Peninsula is in a bitter legal war with
another claimant of the mining sites and is also seeking thumbs up of
the local government.
The ban will hit small scale miners that have yet to obtain a mining
permit direct from the provincial government.
Large scale miners, too, need to obtain the endorsement of local
government and the local stakeholder-led Palawan Sustainable
Development Council to finalize their mining permits, which can come
in the form of Mineral Production Sharing Agreement (60-40 venture
between Filipino and foreign entity) and Financial and Technical
Assistance Agreement (full foreign ownership allowed).
Contrary to national law
Mining bans have been considered a contrary rule to the Philippine
Mining Act, which has been affirmed in 2004 by the Supreme Court as
constitutional.
A Department of Justice opinion released earlier also declared the
sovereignty of the mining law against provincial resolutions.
However, even the national government has earlier been considering a
mining ban against small scale mining operations.
Mines and Geosciences Bureau (MGB) Director Horacio C. Ramos said the
MGB and the Department of Environment and Natural Resources (DENR)
have been discussing with the League of Municipalities and League of
Provincial government for certain potential prohibitions on small
scale mining.
“There are small scale mining operations like on nickel and iron that
cannot become viable,” he said, explaining certain large companies had
rather used small scale mining permits but were operating on a large
scale.
Moreover, he said MGB-DENR will evaluate the issuance of the mining
ban in Palawan.
Mining permits
MGB and DENR have earlier been contemplating on a ban on the issuance
of new mining permits for small scale operations since large scale
mining operations have been questioned for obtaining several small
scale mining permits first despite intentions to operate on a large
scale.
Small scale mines are allowed to extract only up to 50,000 metric tons
of ore yearly, but most operations have exceeded this limit.
A permit for small scale mining is obtained from the provincial
government and is normally easy to obtain, although several of such
permit issuances have been rocked by charges on corruption and favors
granted by provincial governments to certain groups.
Ramos said DENR’s concern is that small scale mines are not required
to implement certain programs that are normally imposed on large scale
mines. Among these are the Environmental Protection and Enhancement
Program (EPEP) and Mine Rehabilitation Program (MRP).
“(There is a danger) that the environment may suffer,” he said in an
interview.
Rampant use of small scale mining permits by large scale companies
have been observed in Palawan and Zambales.
Mineral haven
As much as one-third of the Philippines’ total land area of 300
million hectares holds potentials for mining. MGB data showed that the
Philippines has established reserves of about 13 metallic and 29
nonmetallic minerals. It ranks third in the world in terms of gold
deposits, fourth in copper, fifth in nickel, and sixth in chromite
deposits.
But the mining industry in the country is frought with sins of the
past, ranging from environmental degradation, human rights violations,
and a continuing debate on revenue sharing between the host local
government and the state. These have prompted local governments, like
Palawan's, to put their foot down when they could.
as of 11/26/2008 3:10 PM
abs-cbnNEWS.com | 11/26/2008 2:54 PM
Printer-friendly versionPrinter-friendly version | Send to friendSend
to friend
The local government of Palawan issued a 25-year moratorium on
issuance of large and small scale mining permit amid reported
violation on mining regulations
Palawan Gov. Joel T. Reyes signed last Nov. 25 Resolution No. 7728-08,
which declared the moratorium upon approval of the provincial
legislative board.
In a statement, the Palawan provincial office said, “The resolution
declares the firm resolve of the provincial board to oppose at any
time any new large scale mining application or to press for
nullification of any existing mineral agreements and cessation of
their mining operations.”
Gov. Reyes signed the resolution during the province's ceremonial
lighting of Christmas trees. He said the mining ban is "a special gift
to all Palaweños including the environmentalists and anti-mining
advocates."
Pro-environment
The Palawan provincial government issued the ban on the defense that
mining is “incompatible” with the Strategic Environmental Plan for
Palawan.
Palawan is considered as the Philippines' "Last Frontier" and its
local leaders are known staunch advocates of environmental causes and
have been vocal against mining activities in the region.
The island region sits on rich mineral deposits, including nickel and
copper.
The mining ban does not affect decade-old mining operations of
Filipino-Japanese consortium in Rio Tuba, southern Palawan, but would
impact plans of listed firm Oriental Peninsula, which announced that
it is set to operate nickel mining sites in two towns mid-west of the
island province. Oriental Peninsula is in a bitter legal war with
another claimant of the mining sites and is also seeking thumbs up of
the local government.
The ban will hit small scale miners that have yet to obtain a mining
permit direct from the provincial government.
Large scale miners, too, need to obtain the endorsement of local
government and the local stakeholder-led Palawan Sustainable
Development Council to finalize their mining permits, which can come
in the form of Mineral Production Sharing Agreement (60-40 venture
between Filipino and foreign entity) and Financial and Technical
Assistance Agreement (full foreign ownership allowed).
Contrary to national law
Mining bans have been considered a contrary rule to the Philippine
Mining Act, which has been affirmed in 2004 by the Supreme Court as
constitutional.
A Department of Justice opinion released earlier also declared the
sovereignty of the mining law against provincial resolutions.
However, even the national government has earlier been considering a
mining ban against small scale mining operations.
Mines and Geosciences Bureau (MGB) Director Horacio C. Ramos said the
MGB and the Department of Environment and Natural Resources (DENR)
have been discussing with the League of Municipalities and League of
Provincial government for certain potential prohibitions on small
scale mining.
“There are small scale mining operations like on nickel and iron that
cannot become viable,” he said, explaining certain large companies had
rather used small scale mining permits but were operating on a large
scale.
Moreover, he said MGB-DENR will evaluate the issuance of the mining
ban in Palawan.
Mining permits
MGB and DENR have earlier been contemplating on a ban on the issuance
of new mining permits for small scale operations since large scale
mining operations have been questioned for obtaining several small
scale mining permits first despite intentions to operate on a large
scale.
Small scale mines are allowed to extract only up to 50,000 metric tons
of ore yearly, but most operations have exceeded this limit.
A permit for small scale mining is obtained from the provincial
government and is normally easy to obtain, although several of such
permit issuances have been rocked by charges on corruption and favors
granted by provincial governments to certain groups.
Ramos said DENR’s concern is that small scale mines are not required
to implement certain programs that are normally imposed on large scale
mines. Among these are the Environmental Protection and Enhancement
Program (EPEP) and Mine Rehabilitation Program (MRP).
“(There is a danger) that the environment may suffer,” he said in an
interview.
Rampant use of small scale mining permits by large scale companies
have been observed in Palawan and Zambales.
Mineral haven
As much as one-third of the Philippines’ total land area of 300
million hectares holds potentials for mining. MGB data showed that the
Philippines has established reserves of about 13 metallic and 29
nonmetallic minerals. It ranks third in the world in terms of gold
deposits, fourth in copper, fifth in nickel, and sixth in chromite
deposits.
But the mining industry in the country is frought with sins of the
past, ranging from environmental degradation, human rights violations,
and a continuing debate on revenue sharing between the host local
government and the state. These have prompted local governments, like
Palawan's, to put their foot down when they could.
as of 11/26/2008 3:10 PM
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