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3. Mining industry wants new government policy to come
out soon
By Riza T. Olchondra
Philippine Daily Inquirer
1:38 am | Thursday, June 21st, 2012
Environment Secretary Ramon Paje
maintained that government would
push for responsible mining, increased government share in
mining revenues, and the reign of national laws over local
laws.
4. Mining industry leaders are hoping that the
government’s mining policy will come out “soon”
to resolve many pending issues, according to
the Chamber of Mines of the Philippines.
“There are many outstanding issues and we
hope there will be positive movements when it
does come out,” Artemio Disini, the chamber’s
chairman, said in a phone interview.
They particularly want “movements” regarding
the current moratorium on the processing of
applications for new mining permits,
environmental compliance certificates, and tree-
cutting permits for clearing areas to be explored
5. However, executives of private mining firms
seemed reluctant to comment on the pending
policy statement and directives of President
Benigno Aquino, noting various drafts and
several announced “deadlines.” “Let’s just wait
for the EO (executive order),” Cris G. Acosta,
president of Filminera Resources Corp., said in a
text message.
Earlier, Mines and Geosciences Bureau (MGB)
Director Leo Jasareno said he expected the core
content of the policy to be not much different
from issues raised and addressed in consultation
talks.
6. Aquino set to sign mining EO
New policy reserves 78 areas for tourism
By Christine O. Avendaño
Philippine Daily Inquirer
12:46 am | Thursday, June 21st, 2012
President Benigno Aquino addresses the media after
attending the ARMM Convention on Local Governance
in Waterfront Hotel, Davao City. Flanking the president
are presidential adviser Ronald Llamas (left) and DILG
Sec. Jesse Robredo (right). LYN RILLON
Aquino said here on Wednesday that he hoped to
come out soon with the much-awaited executive order
(EO) spelling out the government’s revised mining
policy in the midst of intense debate between industry
leaders and environmentalists through the years.
7. Without going into details, the President said small-scale
mining would be further regulated throughout the
country under the new EO, which, he added, was
undergoing “fine-tuning” in certain provisions for being
“superfluous.”
Mining and oil shares rose 1.64 percent in the Philippine
stock market on Wednesday following Mr. Aquino’s
statements.
The managing director of First Grade Holdings, Astro del
Castillo, said the issuance of the new rules would trigger
a significant spike in investments from new and old
mining companies. “If you look at the industry, they
have really stepped on the brakes over the past year,” he
said in an interview. The new policy would expand the
functions of the Mineral Development Council, said a
8. Aquino says mining EO out by June
22
http://www.rappler.com/business/7330-aquino-says-mining-eo-out-by-june-22
MANILA, Philippines - The much-awaited
executive order on the government's mining
policy may be out by Friday, June 22.
President Aquino himself sought for the
comprehensive review of the government’s
mining policy and the industry’s environmental
and economic impacts. He was also concerned
with safety issues and the dislocation of
9. In a press briefing in Davao City on Wednesday, June
20, President Aquino said he is hoping to release the
mining E.O. within the week, or after some details,
especially on the revenues received by the government,
are fine-tuned. "The basis to impose higher fees or
royalties, etc, is also being fleshed out," he told
reporters after he attended the ARMM Convention on
Local Governance. He reiterated his previous concern
about the economic, legal and environmental issues that
hound the industry. He said the part on revenue sharing
will determine if legislation is needed to ensure a better
share for the government.
"Presently, it's about 2% (of income taxes paid), if my
memory serves me right. The total taxes involved will
10. He also reiterated the 78 placed designated as eco-
tourism areas where mining cannot take place, as well
as designate the "minahan ng bayan" areas where small
scale miners can operate.
He said small scale miners will be subjected to more
regulation under the new mining policy.
President Aquino himself sought for the comprehensive
review of the government’s mining policy and the
industry’s environmental and economic impacts. He was
also concerned with safety issues and the dislocation of
indigenous peoples.
11. Aquino's proposed six point
agenda on mining
WEDNESDAY, JUNE 20, 2012
http://map-oz.blogspot.com/2012/06/aquino-says-
mining-eo-out-by-june-22.html
THE SIX-POINT AGENDA TO ENSURE RESPONSIBLE MINING
Agenda 1: Ensure responsible mining's contribution to the
country's sustainable development (i.e. economic and social
growth and environmental protection);
Agenda 2: Adopt international best practices to promote
12. Agenda 3: Ensure the protection of the environment by
adopting technically and scientifically sound and generally
accepted methods as well as indigenous best practices
Agenda 4: Enforce the primacy of national laws over local
issuances and harmonize laws, policies, and regulation
Agenda 5: Ensure a fair, adequate, and equitably shared
economic benefit for the country and the people
Agenda 6: Deliver efficient and effective management of
the mining sector, both large and small scale
13. Office of the executive Secretary – Strategic Initiatives and
Monitoring Office (SIMO) 1
Six-Point Agenda on the Aquino Administration's Mining
Policies with Specific Recommendations
PROPOSED ACTIONS TO IMPLEMENT THE 6 POINT AGENDA
ON RESPONSIBLE MINING
Agenda 3: Ensure the protection of the
environment by adopting technically and
scientifically sound and generally accepted
methods as well as indigenous best practices
14. o Identify additional areas closed to mining (i.e., prime
agricultural lands as determined by the Department of
Agriculture, priority eco-tourism sites as determined by
the National Ecotourism Council, critical areas and
island ecosystems, among others)
o Create a separate environmental protection
commission/agency to handle environmental regulation
functions of the DENR
o Adopt Programmatic and/or Sectoral Environmental
Impact Assessment (EIA) in the Philippine
Environmental Impact Statement System (PEISS)
o Use the geo-hazard maps/mufti-hazard maps for the
country and forecast of climate change impacts to
determine "go" and "no-go" areas for mining based on
areas reserved by law and executive issuances
18. T here is a universal
concern of both
government and non-
government organizations
and groups, for the
sustainable
development and
19. More developed countries,
notably in Europe, have seen
it fit to “MANDATE”
compulsory POLLUTION
liability insurance
on ALL corporations whose
activities have impact on soil,
air, water ...
20. The Philippines, very
reliant on its natural resources
and long acknowledged to be
a major tourists favorite,
should protect the many
scenic spots, the patrimony of
this nation ... for the benefit
of the present and upcoming
21. For Filipinos to continue
having a CLEAN and GREEN
COUNTRY which provides
decent sustainable livelihood, we
should seriously consider as a
must,
“ENVIRONMENT
IMPAIRMENT INSURANCE”
or simply
22. 1. ENVIRONMENTAL POLLUTION
LEGAL LIABILITY INSURANCE OR
SIMPLY POLLUTION LEGAL
LIABILITY (PLL)
To protect against claims of Third party
off-site bodily injury (BI), property
damage (PD), including clean-up costs
arising from pollutive conditions
emanating from insured’s site. Property
damage owned by the Third parties can
23. 1. ENVIRONMENTAL POLLUTION
LEGAL LIABILITY INSURANCE OR
SIMPLY POLLUTION LEGAL
LIABILITY (PLL)
This insurance coverage can be tailored to
include on-site cover for the Third party,
BI and PD. In addition, the cover can be
extended to include owned
transportation, vendor transportation, and
non-owned disposal sites.
24.
25. 2. ENVIRONMENTAL IMPAIRMENT
INSURANCE
To include more than just liability but also
First party pollution
remediation insurance.
26. 3. REMEDIATION OR CLEAN-UP
COST (STOP LOSS) INSURANCE
This indemnifies the insured for financial
losses that arise when
the anticipated cost of a remediation
project is exceeded.
It is basically an “over-run” insurance
cover. This coverage is
necessary and should be resorted to by
investors acquiring
27.
28. 4. GENERAL CONTRACTORS
POLLUTION LIABILITY INSURANCE
This protects general contractors against
suits/claims alleging Third party
BI and PD arising from pollution
conditions while working at customer
site such as maintenance operations,
process piping, and underground work,
(ex. Drilling, excavation, painting or re-
grading operations).
29. 5. HOSPITAL POLLUTION LIABILITY
INSURANCE
This covers environmental mishaps
such as injuries suffered by hospital
visitors from incidents such as
incinerator emissions, HIV or other
contaminations, infections from
pathological wastes, red bag wastes,
etc.
6. UNDERGROUND STORAGE TANK
POLLUTION (UST)
30. 6. UNDERGROUND STORAGE TANK
POLLUTION (UST)
This cover claims for on-site as well as
off-site clean-up coverage for both
above and under ground storage tanks
which release toxic substances into the
environment.
31.
32. 7. ENVIRONMENTAL PROFESSIONAL
/ E & O LIABILITY
INSURANCE
This coverage is intended for
professionals, engineers and
architects in the environmental control
systems business.
8. WASTE TRANSPORTATION
POLLUTION INSURANCE
This covers the waste transportation
entities for BI and PD or clean-up due to
33. 9. CLOSURE / POST CLOSURE
INSURANCE
Applies to the closure of treatment
storage and disposal facilities (TSD) to
satisfy financial responsibility
requirements. It is more of a financial
guarantee that the TST Owner/Manager
will properly close and maintain the site
for a specified period of time.
34.
35. 10. TIME ELEMENT POLLUTION INSURANCE
The coverage is included in large excess liability policies
(e.g. over US$ 25 Million). Under the terms of this cover,
sudden release of deleterious substances will be covered
and the pollution incident should be discovered within 7
days from commencement, and subsequently reported to
the insurer within 30-45 days from discovery date.
* Note: The above-named insurance coverage shall have
an agreement limit and all claims from pollution incident
are considered as a single loss with one per loss limit
(inner limit).
Defense costs against suits alleging damage suffered
from an occurrence is included but within the limit
specified in the policy schedule. In order to prevent
spiraling of claims costs (and subsequently bringing up
36. 1. Require all environmentally critical
business (commercial, industrial,
warehousing) who apply for a license to
operate / business permit, to show proof of
adequate bank deposits escrowed for
pollution clean-up funds, OR to present an
Environmental Impairment Insurance policy
providing for payment or damages and
restoration of environment and finally
restitution of losses to livelihood, as a result
of pollution, pollutants from operations
and/or products of the business firm.
In lieu of such bank deposit, the business firm
37. In a nutshell, Environmental Impairment or
Pollution Liability Insurance shall include the
specific benefits enumerated below with the
estimated limits of liabilities applicable to a
business operation in a certain community,
specified in the policy schedule :
Clean-up and mitigation expenses to be
incurred ...
Rehabilitation expenses to be incurred (to
reinstitute livelihood opportunities) ...
Direct impact or loss of livelihood of
community (allow 2-3 years recovery) ...
38. Indirect consequential losses, such as loss of
future revenues due to loss of stature of the
community as a prime tourists or eco-tour
destination; or reduction of real estate value as
a premier residential estate as a result of
pollution, whether actual or sentimental.
Looking at previous catastrophes, and the
subsequent damages caused and the cost of
clean-up measures undertaken, a minimum
P50 Million limit of liability is recommended,
with higher limits imposed on bigger, riskier
and more extensive ... area wise ... business
39. 2. Require business firms to specify a schedule
for the annual visit of accredited (by the
provincial governor / mayor) environmental risk
managers from the insurance sector who can
suggest ways and means of
preventing/minimizing losses with their risk
management studies, thereby averting
aggravations in the situation, with their loss
control studies and recommendations.
The loss control survey report will be submitted to the
business firm for their action / implementation of
recommended measures, with copy to the Provincial
Governor/Mayor, for monitoring purposes. Thus, aside
from the insurance system being able to provide a
40. 3. The formation of a “Green Police Unit’
to oversee the ENVIRONMENTAL
IMPAIRMENT concerns and to administer
these procedures would go a long way
towards protecting the environment and
ensuring its sustainability for the longer
term.
To be effective in monitoring loss prevention
measures undertaken, we would need to
organize a duly authorized outfit of dedicated
“Green Policemen” to be aware of the
environmental impact of the so many business
41. The fundamental essence of the “Green Police”
Unit is similar to the Forest Rangers, except
that the “Green Police” Unit has administrative
and punitive, in addition to police, powers,
concerning the care of the environment.
However, in addition to the police
responsibilities, the “Green Police” Unit will
undertake extensive educational initiatives
through regular symposia and conferences
(twice a year) and the like, in both public and
private schools, starting from Primary, all the
way to tertiary level -Colleges/Universities.
42.
43. The effective implementation of the
“ENVIRONMENTAL INSURANCE” system
for the sustainable development and
protection of the environment will be
assured by:
Mandating the presentation of proof of
the capability of the business enterprise
to clean up areas that it has polluted to
the detriment of the people, livelihood
and the environment in general, via
44. Having a Pro-active response to the
prevention of contamination or pollution
of the environment, through the
employment of loss prevention
techniques. Immediate and long-term
responses to prevent and minimize
damage to environment through the
“Green Police” Unit which are endowed
with educational and Police powers /
responsibilities.
45. “With our collective pro-active
response to care for the
Environment, we are optimistic that
ALL FILIPINOS, including the future
generations, will continually enjoy
the gifts from our MOTHER NATURE
...
blessings given to us by the
ALMIGHTY FATHER, in an
atmosphere of sustainability,
generosity and harmony, where