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Xstrata Copper
Operations and projects in seven countries
 8 mines
 4 smelters
 3 refineries
 3 SX-EW plants
 6 projects
 1 recycling business
Press Release 24th March 2012

                     “The Tampakan Mine has a High Potential for Loss of Life and
                           High Environmental Damage if the Facilities fail”.

Our working group have repeatedly warned Xstrata about the dangers of the Tampakan SMI
mining project 1 and commented on the inadequate environmental studies but they have failed to
listen. We are told that they have not even consulted the current Secretary of the Department of
Agriculture. The result is that the proposed Tampakan mine represents all that was wrong about
mining under the previous Philippine administrations which made mining a priority program of the
government, undermining the Department of Agriculture’s responsibilities for food production and
causing rampant human rights and environmental violations and anxiety for affected
communities.
        In our view it is not ‘responsible’ to mine in vital water catchments in the mountains of
Tampakan in South Cotabato which support agricultural production in the provinces of South
Cotabato, Sultan Kudarat, Sarangani and Davao del Sur. We believe the Tampakan copper-gold
project will become one of the most dangerous mines in the world if it is approved. We totally
agree with the SMI’s consultant engineers who determined that: “The Tampakan Mine has a
high potential for loss of life and high environmental damage if the facilities fail” [page 42
Waste Management Report. Appendix A. SMI Environmental and Social Impact Assessment
(ESIA) 2011]. We totally disagree that Xstrata/Indophil/SMI can design the facilities to survive
seismic activity and climate change including tropical cyclones forever.
        The facilities include the mine itself which will leave an 800 meter deep pit (mine void)
which we believe will leak acid mine drainage into the surrounding water tables and water courses
and a 300 meter high pile of 1.35 billion tons of waste rock, high in arsenic and with a high
potential for acid mine drainage. That area covers 500 hectares. The other mine facilities include
two dams, one of which is 0.8 km long and 150 meters high; the other is 2.1 kms long and 280
meters high, covering over 1,000 hectares and situated just above the Mal River NIA irrigation
dam. One dam will store fresh water while the tailings dam will store some 1.35 billion tons of
toxic waste rock and tailings rich in arsenic and water with high potential for acid mine drainage.
Any spill is likely to cause loss of life, damage to aquifers, to other water resources and to
agriculture. The Tampakan mine is envisaged in an area of high seismic activity and the
concession area itself is situated over geological fault lines and a cluster of dormant strato
volcanoes within 12 kms of Mount Matutum, an active volcano. All these factors are a sure recipe
for disaster in the not too distant future. Hundreds of tailings dams have failed as reported by
UNEP. 2 We do not believe that dams can be designed to last forever where tropical storms,


1
  In 2007 we met the CEO of Xstrata Copper in London, with Clare Short the former UK Minister for International Development,
and he promised us that if the mine was too dangerous that Xstrata would not proceed with it. Why is it proceeding?
2
  See for example: www.wise-uranium.org/mdas.html, “Chronology of major tailings dam failures”
www.csp2.org/reports/Long%20Term%20Risks%20of%20Tailings%20Dam%20Failure; MMSD, 2002, Stewardship of Tailings
Facilities, T.E. Martin, M.P. Davies, S. Rice, T. Higgs and P.C. Lighthall, AMEC Earth & Environmental Limited, April 2002; UNEP,
1998, Case Studies on Tailings Management, United Nations Environment Programme, International Council on Metals and the
Environment; handle.digital.csic.es/bitstream/10261/12706/3/MayteRico_10.pdf; Holden & Jacobsen 2012. Mining and natural
hazard vulnerability in the Philippines: Digging to development or digging to disaster? London, Anthem Pr. 306 pp.
                                                                 1
typhoons, heavy rains and seismic activity are a constant threat. Induced seismic activity can cause
even more damage.
        Approximately 4,000 hectares of forest, including 1,350 hectares of Rainforest, are targeted
to be destroyed to make way for the project according the ESIA. Presidential Executive Order No.
23 forbids forest destruction. The Climate Change Commission predicts that Central Mindanao
will have 20% less water in 20 years so the remaining forest cover is essential to maintain water
supplies. Now that the facts are known, why are SMI/Xstrata/Indophil still trying to proceed and
endeavouring to change the law and judgement of the Provincial authorities in South Cotabato?
Surely, this is not responsible mining?

       Ordinances Banning Open Pit Mines. The Provincial Government of South Cotabato to
up-hold Philippine laws designed to protect water catchments and Human Rights passed a
comprehensive Environment Code in June 2010 banning open pit mining in the province. This we
commend. Indeed the other affected Provinces should take similar action as the known and
unknown risks are too high to do otherwise. In enacting open-cast mining ban ordinances, local
governments are acting in accordance with their obligations and autonomous powers under both
the Constitution, and the Local Government Code of 1991. They also act as a check and balance
mechanism on national government powers and policies and they should be supported for
upholding environmental and human rights laws.

      Inducements. Miners should be prevented from providing financial support or
inducements to politicians and others to support mining against those who oppose and seek to
promote sustainable alternative livelihoods and policies to protect the rights of communities and
promote a healthy environment.

        Precautionary Principle. The 1990 Bergen Declaration on Sustainable Development
declares: “In order to achieve sustainable development, policies must be based on the
precautionary principle. Environmental measures must anticipate, prevent and attack the causes of
environmental degradation. Where there are threats of serious and irreversible damage, lack of
scientific certainty, should not be used as a reason for postponing measures to prevent
environmental degradation”.

         Therefore the proposed Tampakan mine should not be allowed to proceed.




Clive Montgomery Wicks on behalf of himself and Dr Robert Goodland
Conservation and Development Consultant
(Specialising on Impact of Oil, Gas, Mining and Biofuel Projects)
Member of London Working Group on Mining in the Philippines (WGMP-UK)
Member of IUCN-CEESP (IUCN Commission on Environmental, Economic & Social Policy)
Member of SEAPRISE (CEESP Theme on the Social and Environmental Accountability of the Private
Sector)
Hare's Holt, Orestan Lane, Effingham, Surrey, KT24 5SN, UK,
Tel No + 44 (0) 1372 452258 Mobil + 44 (0)7806064784
Working Group on Mining in the Philippines Reports
Co-author of Philippines Concerns and Conflicts (2007) & Philippines - Mining or Food? (2010)
Photos launches with links to Reports and Maps
http://philippinesminingorfood.blogspot.com
                                                 2

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Press Release 24 March 2012 Tampakan

  • 1. Xstrata Copper Operations and projects in seven countries 8 mines 4 smelters 3 refineries 3 SX-EW plants 6 projects 1 recycling business
  • 2. Press Release 24th March 2012 “The Tampakan Mine has a High Potential for Loss of Life and High Environmental Damage if the Facilities fail”. Our working group have repeatedly warned Xstrata about the dangers of the Tampakan SMI mining project 1 and commented on the inadequate environmental studies but they have failed to listen. We are told that they have not even consulted the current Secretary of the Department of Agriculture. The result is that the proposed Tampakan mine represents all that was wrong about mining under the previous Philippine administrations which made mining a priority program of the government, undermining the Department of Agriculture’s responsibilities for food production and causing rampant human rights and environmental violations and anxiety for affected communities. In our view it is not ‘responsible’ to mine in vital water catchments in the mountains of Tampakan in South Cotabato which support agricultural production in the provinces of South Cotabato, Sultan Kudarat, Sarangani and Davao del Sur. We believe the Tampakan copper-gold project will become one of the most dangerous mines in the world if it is approved. We totally agree with the SMI’s consultant engineers who determined that: “The Tampakan Mine has a high potential for loss of life and high environmental damage if the facilities fail” [page 42 Waste Management Report. Appendix A. SMI Environmental and Social Impact Assessment (ESIA) 2011]. We totally disagree that Xstrata/Indophil/SMI can design the facilities to survive seismic activity and climate change including tropical cyclones forever. The facilities include the mine itself which will leave an 800 meter deep pit (mine void) which we believe will leak acid mine drainage into the surrounding water tables and water courses and a 300 meter high pile of 1.35 billion tons of waste rock, high in arsenic and with a high potential for acid mine drainage. That area covers 500 hectares. The other mine facilities include two dams, one of which is 0.8 km long and 150 meters high; the other is 2.1 kms long and 280 meters high, covering over 1,000 hectares and situated just above the Mal River NIA irrigation dam. One dam will store fresh water while the tailings dam will store some 1.35 billion tons of toxic waste rock and tailings rich in arsenic and water with high potential for acid mine drainage. Any spill is likely to cause loss of life, damage to aquifers, to other water resources and to agriculture. The Tampakan mine is envisaged in an area of high seismic activity and the concession area itself is situated over geological fault lines and a cluster of dormant strato volcanoes within 12 kms of Mount Matutum, an active volcano. All these factors are a sure recipe for disaster in the not too distant future. Hundreds of tailings dams have failed as reported by UNEP. 2 We do not believe that dams can be designed to last forever where tropical storms, 1 In 2007 we met the CEO of Xstrata Copper in London, with Clare Short the former UK Minister for International Development, and he promised us that if the mine was too dangerous that Xstrata would not proceed with it. Why is it proceeding? 2 See for example: www.wise-uranium.org/mdas.html, “Chronology of major tailings dam failures” www.csp2.org/reports/Long%20Term%20Risks%20of%20Tailings%20Dam%20Failure; MMSD, 2002, Stewardship of Tailings Facilities, T.E. Martin, M.P. Davies, S. Rice, T. Higgs and P.C. Lighthall, AMEC Earth & Environmental Limited, April 2002; UNEP, 1998, Case Studies on Tailings Management, United Nations Environment Programme, International Council on Metals and the Environment; handle.digital.csic.es/bitstream/10261/12706/3/MayteRico_10.pdf; Holden & Jacobsen 2012. Mining and natural hazard vulnerability in the Philippines: Digging to development or digging to disaster? London, Anthem Pr. 306 pp. 1
  • 3. typhoons, heavy rains and seismic activity are a constant threat. Induced seismic activity can cause even more damage. Approximately 4,000 hectares of forest, including 1,350 hectares of Rainforest, are targeted to be destroyed to make way for the project according the ESIA. Presidential Executive Order No. 23 forbids forest destruction. The Climate Change Commission predicts that Central Mindanao will have 20% less water in 20 years so the remaining forest cover is essential to maintain water supplies. Now that the facts are known, why are SMI/Xstrata/Indophil still trying to proceed and endeavouring to change the law and judgement of the Provincial authorities in South Cotabato? Surely, this is not responsible mining? Ordinances Banning Open Pit Mines. The Provincial Government of South Cotabato to up-hold Philippine laws designed to protect water catchments and Human Rights passed a comprehensive Environment Code in June 2010 banning open pit mining in the province. This we commend. Indeed the other affected Provinces should take similar action as the known and unknown risks are too high to do otherwise. In enacting open-cast mining ban ordinances, local governments are acting in accordance with their obligations and autonomous powers under both the Constitution, and the Local Government Code of 1991. They also act as a check and balance mechanism on national government powers and policies and they should be supported for upholding environmental and human rights laws. Inducements. Miners should be prevented from providing financial support or inducements to politicians and others to support mining against those who oppose and seek to promote sustainable alternative livelihoods and policies to protect the rights of communities and promote a healthy environment. Precautionary Principle. The 1990 Bergen Declaration on Sustainable Development declares: “In order to achieve sustainable development, policies must be based on the precautionary principle. Environmental measures must anticipate, prevent and attack the causes of environmental degradation. Where there are threats of serious and irreversible damage, lack of scientific certainty, should not be used as a reason for postponing measures to prevent environmental degradation”. Therefore the proposed Tampakan mine should not be allowed to proceed. Clive Montgomery Wicks on behalf of himself and Dr Robert Goodland Conservation and Development Consultant (Specialising on Impact of Oil, Gas, Mining and Biofuel Projects) Member of London Working Group on Mining in the Philippines (WGMP-UK) Member of IUCN-CEESP (IUCN Commission on Environmental, Economic & Social Policy) Member of SEAPRISE (CEESP Theme on the Social and Environmental Accountability of the Private Sector) Hare's Holt, Orestan Lane, Effingham, Surrey, KT24 5SN, UK, Tel No + 44 (0) 1372 452258 Mobil + 44 (0)7806064784 Working Group on Mining in the Philippines Reports Co-author of Philippines Concerns and Conflicts (2007) & Philippines - Mining or Food? (2010) Photos launches with links to Reports and Maps http://philippinesminingorfood.blogspot.com 2