Mining Act of the Philippines (RA 7942) - Implementing Rules and Regulations

Governing Principles of Philippine Mining Act (RA 7942)

• Sustainable Mining: Mining is a temporary use of land that aims to create wealth and transition into optimal land use through progressive rehabilitation.
• Best Environmental Practices: Mining activities should follow best practices in environmental management to minimize impacts.
• Wealth Distribution: The wealth generated from mining should benefit the government and communities, leading to further wealth-generating opportunities.

Balanced Considerations

• Economic and Environmental: Mining should consider economic, environmental, health, safety, social, and cultural factors equally.
• Technological Efficiency: Conservation of minerals should be achieved through efficient mining operations and recycling of mineral-based products.
• Harmonized Policies: Granting of mining rights should align with government activities, policies, and programs promoting self-reliance and resource management.

Social Development and Management Program (SDMP) and Community Development Program (CDP)

• SDMP Requirement: All mining entities must prepare an SDMP in consultation with host and neighboring communities, updated every five years to meet the communities' evolving needs.
• Community Development Program (CDP): For entities with exploration permits, a CDP must be developed and funded with at least 10% of the approved exploration budget.

Environmental Impact Statement (EIS) System

• EIS Preparation: Based on project's potential impacts and environmental sensitivity.
• EIS System Principles:
  • Impact Assessment: Evaluates direct and indirect impacts and proposes mitigation measures.
  • Incorporation in Planning: Ensures environmental considerations are integrated into project planning.
  • Proponent Responsibility: Proponents must disclose all relevant information for environmental assessment.

Review Criteria

• Integration of Environmental Considerations: Ensuring environmental concerns are part of project planning.
• Technical Soundness: Effective mitigation measures must be proposed.
• Social Acceptability: Based on informed public participation.

Environmental Compliance Certificate (ECC) and Environmental Risk Assessment (ERA)

• ECC: Confirms that the project will not cause significant negative environmental impacts and that the proponent has met EIS requirements.
• Specific Measures: Outlines measures to mitigate identified environmental impacts during different project phases.
• Environmental Risk Assessment (ERA): Assesses the likelihood and magnitude of accidents and identifies control measures to reduce unacceptable risks.

Environmental Protection and Enhancement Program (EPEP) and Annual Environmental Protection and Enhancement Program (AEPEP)

• EPEP: A strategic plan for environmental management throughout the mining project's life, allocating 10% of the total project cost for initial environmental-related capital expenditures.
• AEPEP: A yearly work plan for environmental management, allocating 3-5% of direct mining and milling costs for annual environmental expenses.

Contingent Liability and Rehabilitation Fund (CLRF)

• Mine Rehabilitation Fund (MRF):
  • Monitoring Trust Fund: Covers expenses for monitoring activities, with a minimum of PhP 150,000.
  • Rehabilitation Cash Fund: Ensures compliance with rehabilitation activities, with 10% of the EPEP cost or PhP 5,000,000, whichever is lower.