New mining regulations - not seen to improve environmental protection and mine rehabilitation

Open pit mining in Benguet, Philippines. A small community
is situated at the upper left background.

The new mining regulations in the Philippines intend to pursue policies that balance economic growth with environmental protection and rehabilitation.

However, comparative review and qualitative analyses of the specific provisions of the new regulations on mine rehabilitation with the old regulatory regime reveals that the expected changes are not forthcoming. The new regulatory system can not ensure successful rehabilitation of mine-disturbed lands because the specific standards, measurable targets, rehabilitation funds and administrative support mechanisms that will bring profound changes to the current rehabilitation practices were not sufficient. 

With a wide range of uncertainties and the difficulty of attributing damage to a certain mine operator, the current mode of compliance tended to favor cost minimization and unwarranted risk-taking by the mining operators, to the disadvantages of other stakeholders. Any additional actions and costs are voluntary and unsustainable if not accompanied by clear targets and benefits. Moreover, any improvement brought about by the voluntary mode can not be ascribed to the new regulations.

This analysis was based on the MS thesis of Alexander D. Anda Jr. entitled ‘The New Mining Regulations in the Philippines and their Implications for Current Mine Rehabilitation Practices’ presented on January 1999 at The University of Western Australia. The study was supported by the AusAID (Australian Agency for International Development) and the Philippine government through the Department of Environment and Natural Resources and the Natural Resources Development Corporation.