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MGB Presentation Update on Mining Policy 7.6.2012UPDATE TO THE PROPOSED MINING POLICYLEO L. JASARENODirectorMines and Geosciences BureauDepartment of Environment and Natural Resources
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UPDATE TO THE
PROPOSED MINING POLICY
LEO L. JASARENO Director
Mines and Geosciences Bureau Department of Environment and Natural Resources
MINING STUDY GROUP
Created per instruction of
the President, thru the
Memorandum dated
October 26, 2011 of the
Executive Secretary
Tasked to finalize the
mining industry policies of
the Administration
Composed of the
Secretaries of the DENR,
Presidential Assistant on
Climate Change,
Presidential Assistant on
Environmental Protection
and the Vice-Chair of the
Climate Change
Commission
THE MINING STUDY GROUP’S
SPECIFIC TASKS:
1. Address issues and concerns in the mineral sector-
Lack of baseline data
Policy inconsistencies between national and local laws
Governance and law enforcement
Lack of total economic valuation
Increasing government share in mining revenues
Adverse effects of environmental degradation and climate change
THE MINING STUDY GROUP’S
SPECIFIC TASKS:
2. Provide a clear and detailed assessment of the state of the mining industry, its impacts, effects and potential for the future.
3. Consult with the concerned stakeholders such as the mining industry, non-government and civil society organizations, and environmental groups, among others; and
4. Formulate the mining industry policy by the end of the year and present it to the President’s approval.
CONSULTATIONS MADE:
1. Prior to first draft of the proposed EO
November 14, 2011
@ DENR Social Hall
Sectors: (Morning Session)
Mining industry groups
Philippines Society of Mining Engineers
Academe
(Afternoon Session)
NCIP
Non-governmental organizations/civil society groups
CONSULTATIONS MADE:
1. Prior to first draft of the proposed EO
November 18, 2011
@ Mabini Hall, Office of the President
Sectors:
Miners Association of the Philippines
National Government Agencies
November 21, 2011
@ Mabini Hall, Office of the President
Sectors:
League of Provinces/Cities
Small-scale mining groups
CONSULTATIONS MADE:
2. After the first draft of the proposed EO
March 22, 2012
@ Tower Club, Makati
Sectors:
Makati Business Club
Mining industry groups
April 26, 2012
@ Asian Institute of Management
Sectors:
Small-Scale miners groups
CONSULTATIONS MADE:
2. After the first draft of the proposed EO
June 1, 2012
@ Mabini Hall, Malacañang
Sectors:
Non-governmental organizations/civil society groups
June 28, 2012
@ Mabini Hall, Malacañang
Sectors:
League of Provinces
GENERAL MINING POLICY CONCERNS
1. Proper valuation and protection of the ecology and bio-diversity.
2. Institutionalizing responsible mining, for both large and small scale, with special attention to environmental and ecosystem impact, and the rights of the affected IPs and communities.
3. Ensuring optimal and equitable benefits from mining for local and national economic and social growth.
GENERAL MINING POLICY CONCERNS
4. Providing for a good business environment for investors.
5. Strengthening institutional and governance capacities to ensure proper regulation and maximum benefits.
6. Considering climate change and disaster risk reduction as major concerns in mining.
POLICY FOCUS AREAS
Focus Area
No. 1: NO GO ZONES
Address increasing concerns on protecting prime agricultural lands for food security.
Protect and promote eco-tourism sites, which are major contributors to growth.
Ensure that critical and sensitive ecosystems shall not be adversely affected by mining.
POLICY FOCUS AREAS
Focus Area No. 2: Mining in Palawan.
Consider Palawan as the country’s last frontier and the eco-tourism capital of the country.
Come out with a clear stand on mining in Palawan.
POLICY FOCUS AREAS
Focus Area
No. 3: Review of Performance of Mining Operations
Ensure compliance with law.
Rationalize mineral development and utilization in line with the principle of sustainable development.
POLICY FOCUS AREAS
Focus Area
No. 4: Auctioning of Areas with Known Reserves.
Allow the collection of additional share for Government through negotiation.
Weed out speculators and provide for a level playing field.
POLICY FOCUS AREAS
Focus Area
No. 5: Creation of an Inter-Agency Council on Mining .
Facilitate dialogue and coordination among the growing number of stakeholders in the minerals industry.
Review mining and related laws, guidelines and agreements.
POLICY FOCUS AREAS
Focus Area
No. 6: Study of Equitable Benefit Sharing Schemes.
Look into terms for equitable benefit sharing among the government, LGUs concerned and local communities, existing taxes and fees and incentives.
POLICY FOCUS AREAS
Focus Area
No. 7: Imposition of Higher Regulatory Fees and Charges.
Adopt a fair and reasonable increase of fees on mine wastes and tailings, occupation and processing, after due consultation.
POLICY FOCUS AREAS
Focus Area
No. 8: Disposition of Abandoned Ore and Mine Wastes and/or Mill Tailings as Assets of the State.
Generate additional Government revenue.
POLICY FOCUS AREAS
Focus Area
No. 9: Development of a Downstream Industry for the Mineral Sector.
Formulate a national program for the development of value-adding activities for metallic ores.
POLICY FOCUS AREAS
Focus Area No. 10: Mineral Reservations.
Establish more mineral reservations for potential strategic minerals.
Support the development of strategic industries .
POLICY FOCUS AREAS
Focus
Area No. 11: Government Capacity Enhancement
Strengthen capability of government agencies concerned in carrying out their mandates and functions.
POLICY FOCUS AREAS
Focus Area No. 12: Creation of a Task Force Against Illegal Mining
Institutionalize a stronger force of Government to counter the growing illegal mining operations.
MINING POLICY FOCUS
Focus Area
No. 13: Streamlining and Rationalizing Small-Scale Mining Operations.
Strictly implement provisions of RA No. 7076 and the EIS System.
Totally prohibit use of mercury.
Operationalize all Provincial and City Mining Regulatory Boards.
Provide training and capacity building for small-scale miners.
POLICY FOCUS AREAS
Focus Area
No. 14: Demilitarization of Mining Areas.
Strictly disallow unreasonable deployment of military and police personnel in mining areas.
POLICY FOCUS AREAS
Focus Area
No. 15: Integration and Streamlining of Procedures and Processes
Create a one-stop shop for processing of mining applications, to include other government agencies concerned.
Establish central database system for the minerals industry, to include from Wealth Accounting and Valuation.
Integrate mapping system; unify maps.
POLICY FOCUS AREAS
Focus Area
No. 16: Extractive Industries Transparency Initiative
Enrol in and implement the EITI.
POLICY FOCUS AREAS
Focus Area
No. 17: Providing for Clear and Responsive Environmental Standards.
Address and effectively respond to environmental incidents related to mining.
POLICY FOCUS AREAS
Focus Area
No. 18: Programmatic Environmental Impact Assessment
Instituting a programmatic approach in the EIS system involving mining projects.
EXPECTED OUTCOME
1. Lifting of the moratorium.
2. Resolving MRs and Appeals.
3. Address the issues and concerns
that hamper the growth of
responsible mining.
MARAMING SALAMAT!
www.mgb.gov.ph