New Mining Law is Needed to Protect the Environment

Filling up of a subsidence area in an underground mining
operation. 

A new mining law is needed to correct its infirmities and replaced the existing Philippine Mining Act of 1995 or Republic Act 7942.

Among the features that should be included in the new law/regulations are:

1. Specify the mine rehabilitation goals, apart from the general environmental protection objectives like preservation of water quality and natural habitats and prevention of air and noise pollution.  Specific objectives and criteria like the need for sustainable and productive ecosystems, resilience to disturbance, and increase in job opportunities and business promotion should be considered.
2. Obtain the full participation of all stakeholders, including the property rights owners or claimants, in the determination of the post-mining land-use capability and the compensation level for possible damages. For new mines, this should be conducted during the pre-mining phase, as the penultimate part of environmental impact assessment and cost-and-benefit study of the mining project, so that everyone would know what is expected of them if the mining operations push-through. For old mines, it should be done as soon as possible.
3.  Shift the burden of proof from the victims of mining damages to the agent causing the damage or from the recipient to the source of the unwanted cause. This applies to the surface rights or property rights owners who were inadvertently ignored, as well as those who suffer damages as a result of the mining operation. This will also preclude the possibility of some victims or recipients of damages from not being compensated at all.
4. Establish an adequate amount of sinking fund or trust deposit during the productive life-of-the-mine that is proportional to the degree of disturbance. This is to ensure there are enough funds for rehabilitation at the suspension or closure of the mine, independent of the fate of the mining operator. The adequate amount should be determined by in-situ assessment and study of the area to be rehabilitated, not as a percentage of the cost of implementing the EPEP (Environmental Protection and Enhancement Program) with P5 million maximum.
5. Require the DENR-MGB a transition plan (from the old regulatory system to the new one) and commitments, in consultation with the stakeholders, to increase effectiveness of implementation of the new regulations.
6. Instead of ad hoc groups or committees (MMT, MRF Committee, and CLRF Steering Committee), whose members' resources are thinly spread which prevents timely, responsible, and efficient decisions, full time and qualified officers in the MGB should be commissioned  to discharge the functions.

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.