You are on page 1of 1

No, there are areas that are closed to mining. Per Section 19 of the Mining Act, R.A.

7942, Mineral
Agreement or Financial or Technical Assistance Agreement applications shall not be allowed: In
military and other government reservations, except upon prior written clearance by the government
agency concerned; Near or under public or private buildings, cemeteries, archeological and historic
sites, bridges, highways, waterways, railroads, reservoirs, dams or other infrastructure projects, public
or private works including plantations or valuable crops, except upon written consent of the
government agency or private entity concerned; In areas expressly prohibited by law; and old growth or
virgin forests, proclaimed watershed forest reserves, wilderness area, mangrove forests, mossy forests,
national parks, provincial/municipal forests, parks, greenbelts, game refuge and bird sanctuaries as
defined by law and in areas expressly prohibited under the National Integrated Protected Area System
(NIPAS) under Republic Act No. 7586, Department Administrative Order No. 25, series of 1992 and
other laws. 2. How can the Mining Act safeguard the environment? The Mining Act and its Revised
Implementing Rules and Regulations, DENR AO 96-40, as amended, requires that an Environmental
Protection and Enhancement Program covering the period of the mineral agreement or permit be
prepared and approved prior to commencement of mining or exploration. The environmental program
shall be incorporated in the work program which the contractor or permittee shall submit as an
accompanying document to the application for a mining permit or exploration permit. The work
program shall include not only plans relative to mining operations but also to rehabilitation,
regeneration, revegetation and reforestation of mineralized areas, slope stabilization of mined-out and
tailings covered areas, aquaculture, watershed development and water conservation; and socioeconomic
development. 3. Who monitors the compliance of these environmental programs? To ensure
compliance of approved environmental programs, Multipartite Monitoring Teams (MMT) are created
to monitor their implementation. The expenses for such monitoring activities are charged to the
Monitoring Trust Fund that the Contractor is required to setup. The MMT is composed of
representatives from the environmental NGO; the affected communities; the affected Indigenous
Cultural Community(ies), if any; the Contractor; from the DENR-Regional Office concerned and the
representative of the Mines and Geosciences Bureau-Regional Office as Head. 4. How are the interests
of the host communities safeguarded? The Mining Act requires that the Contractor shall assist in the
development of its mining community, the promotion of general welfare of its inhabitants and the
development of science and mining technology. In line with these, a five-year Social Development and
Management Program (SDMP) is prepared in partnership with the host and neighboring communities.
The SDMP should be able to provide alternative livelihood opportunities for employees, their
dependents, and the neighboring communities during the life-of-the-mine. The mining company is
mandated to spend at least 1% of the annual direct mining and milling costs for social program. Section
62 of the Mining Act also prescribes that the contractor shall give preference to Filipino citizens in all
types of mining employment within the country insofar as such citizens are qualified to perform the
corresponding work with reasonable efficiency and without hazard to the safety of the operations.
Priority is also given to the local residents in hiring workers for the mining project.

You might also like