UPDATE TO THEPROPOSED MINING POLICY LEO L. JASARENO Director Mines and Geosciences Bureau Department of Environment and Natural Resources
MINING STUDY GROUP Created per instruction of the President, thru the Memorandum dated October 26, 2011 of the Executive Secretary Tasked to finalize the mining industry policies of the Administration Composed of the Secretaries of the DENR, Presidential Assistant on Climate Change, Presidential Assistant on Environmental Protection and the Vice-Chair of the Climate Change Commission
THE MINING STUDY GROUP’S SPECIFIC TASKS:1. Address issues and concerns in the mineral sector- Lack of baseline data Policy inconsistencies between national and local laws Governance and law enforcement Lack of total economic valuation Increasing government share in mining revenues Adverse effects of environmental degradation and climate change
THE MINING STUDY GROUP’S SPECIFIC TASKS:2. Provide a clear and detailed assessment of the state of the mining industry, its impacts, effects and potential for the future.3. Consult with the concerned stakeholders such as the mining industry, non- government and civil society organizations, and environmental groups, among others; and4. Formulate the mining industry policy by the end of the year and present it to the President’s approval.
CONSULTATIONS MADE:1. Prior to first draft of the proposed EO November 14, 2011 @ DENR Social Hall Sectors: (Morning Session) Mining industry groups Philippines Society of Mining Engineers Academe(Afternoon Session) NCIP Non-governmental organizations/civil society groups
CONSULTATIONS MADE:1. Prior to first draft of the proposed EO November 18, 2011 @ Mabini Hall, Office of the President Sectors: Miners Association of the Philippines National Government Agencies November 21, 2011 @ Mabini Hall, Office of the President Sectors: League of Provinces/Cities Small-scale mining groups
CONSULTATIONS MADE:2. After the first draft of the proposed EO March 22, 2012 @ Tower Club, Makati Sectors: Makati Business Club Mining industry groups April 26, 2012 @ Asian Institute of Management Sectors: Small-Scale miners groups
CONSULTATIONS MADE:2. After the first draft of the proposed EO June 1, 2012 @ Mabini Hall, Malacañang Sectors: Non-governmental organizations/civil society groups June 28, 2012 @ Mabini Hall, Malacañang Sectors: League of Provinces
GENERAL MINING POLICY CONCERNS1. Proper valuation and protection of the ecology and bio-diversity.2. Institutionalizing responsible mining, for both large and small scale, with special attention to environmental and ecosystem impact, and the rights of the affected IPs and communities.3. Ensuring optimal and equitable benefits from mining for local and national economic and social growth.
GENERAL MINING POLICY CONCERNS4. Providing for a good business environment for investors.5. Strengthening institutional and governance capacities to ensure proper regulation and maximum benefits.6. Considering climate change and disaster risk reduction as major concerns in mining.
POLICY FOCUS AREASFocus AreaNo. 1: NO GO ZONES Address increasing concerns on protecting prime agricultural lands for food security. Protect and promote eco- tourism sites, which are major contributors to growth. Ensure that critical and sensitive ecosystems shall not be adversely affected by
POLICY FOCUS AREASFocus Area No. 2: Mining in Palawan. Consider Palawan as the country’s last frontier and the eco-tourism capital of the country. Come out with a clear stand on mining in Palawan.
POLICY FOCUS AREASFocus AreaNo. 3: Review of Performance of Mining Operations Ensure compliance with law. Rationalize mineral development and utilization in line with the principle of sustainable development.
POLICY FOCUS AREASFocus AreaNo. 4: Auctioning of Areas with Known Reserves. Allow the collection of additional share for Government through negotiation. Weed out speculators and provide for a level playing field.
POLICY FOCUS AREASFocus AreaNo. 5: Creation of an Inter-Agency Council on Mining . Facilitate dialogue and coordination among the growing number of stakeholders in the minerals industry. Review mining and related laws, guidelines and agreements.
POLICY FOCUS AREASFocus AreaNo. 6: Study of Equitable Benefit Sharing Schemes. Look into terms for equitable benefit sharing among the government, LGUs concerned and local communities, existing taxes and fees and incentives.
POLICY FOCUS AREASFocus AreaNo. 7: Imposition of Higher Regulatory Fees and Charges. Adopt a fair and reasonable increase of fees on mine wastes and tailings, occupation and processing, after due consultation.
POLICY FOCUS AREASFocus AreaNo. 8: Disposition of Abandoned Ore and Mine Wastes and/or Mill Tailings as Assets of the State. Generate additional Government revenue.
POLICY FOCUS AREASFocus AreaNo. 9: Development of a Downstream Industry for the Mineral Sector. Formulate a national program for the development of value-adding activities for metallic ores.
POLICY FOCUS AREASFocus Area No. 10: Mineral Reservations. Establish more mineral reservations for potential strategic minerals. Support the development of strategic industries .
POLICY FOCUS AREASFocusArea No. 11: Government Capacity Enhancement Strengthen capability of government agencies concerned in carrying out their mandates and functions.
POLICY FOCUS AREASFocus Area No. 12: Creation of a Task Force Against Illegal Mining Institutionalize a stronger force of Government to counter the growing illegal mining operations.
MINING POLICY FOCUSFocus AreaNo. 13: Streamlining and Rationalizing Small-Scale Mining Operations. Strictly implement provisions of RA No. 7076 and the EIS System. Totally prohibit use of mercury. Operationalize all Provincial and City Mining Regulatory Boards. Provide training and capacity building for small-scale miners.
POLICY FOCUS AREASFocus AreaNo. 14: Demilitarization of Mining Areas. Strictly disallow unreasonable deployment of military and police personnel in mining areas.
POLICY FOCUS AREASFocus AreaNo. 15: Integration and Streamlining of Procedures and Processes Create a one-stop shop for processing of mining applications, to include other government agencies concerned. Establish central database system for the minerals industry, to include from Wealth Accounting and Valuation. Integrate mapping system; unify maps.
POLICY FOCUS AREASFocus AreaNo. 16: Extractive Industries Transparency Initiative Enrol in and implement the EITI.
POLICY FOCUS AREASFocus AreaNo. 17: Providing for Clear and Responsive Environmental Standards. Address and effectively respond to environmental incidents related to mining.
POLICY FOCUS AREASFocus AreaNo. 18: Programmatic Environmental Impact Assessment Instituting a programmatic approach in the EIS system involving mining projects.
EXPECTED OUTCOME1. Lifting of the moratorium.2. Resolving MRs and Appeals.3. Address the issues and concerns that hamper the growth of responsible mining.