Unshackling the golden handcuffs

(First of two parts)

She fought for all rivers, mountains, illegal [mining] and nature with scientific and emotional involvement, till her last breath,” said GMA-7 broadcaster Arnold Clavio in his Instagram post about former environment secretary Regina Paz “Gina” Lopez, who succumbed to cancer last Monday.

“She [was] a woman of strength, wisdom and vision… was needed the most today, when the destroyers of our environment are unstoppable.”

News reports showed that during her brief stint at the Department of Environment and Natural Resources (DENR), Lopez directed the closure or suspension of more than half of currently operating mines, and the cancellation of 79 mineral production sharing agreements (MPSA), for failing to meet the environmental standards.

“We’re doing all—small, big, everyone,” Lopez was quoted as saying during a press conference. “All mining areas will be audited, all [environmental compliance certificates], permits, everything will be audited in light of the common good.”

“If you break the law, you face the consequences of breaking the law. Whatever the law says that’s what we should follow. If you break the law, there are penalties,” she further said.

Lopez was referring to Republic Act No. 7942, otherwise known as “The Philippine Mining Act of 1995,” which was enacted to promote the policies that: (a) all mineral resources in public and private lands within the Philippines’ territory and exclusive economic zone are owned by the State; and (b) the State shall be responsible for promoting their rational exploration, development, utilization, and conservation through the combined efforts of the government and private sector.

The Act authorized the DENR to oversee the conservation, management, development and proper use of the State’s mineral resources, including those in reservations, watershed areas and lands of the public domain. In this regard, the DENR secretary may enter into mineral agreements on behalf of the State, and upon the recommendation of the Director of the Mines and Geosciences Bureau (MGB), and promulgate implementing rules and regulations.

Meanwhile, the MGB shall, among others: (a) oversee the administration and disposition of mineral lands and resources; (b) undertake geological, mining, metallurgical, chemical and other researches as well as geological and mineral exploration surveys; and (c) monitor the compliance by the contractor of the terms and conditions of the mineral agreements.

Public or private lands, including timber or forest lands may be the subject of mineral agreements (MA) or technical assistance agreement (TAA) applications, subject to any existing rights or reservations and prior agreements of all parties involved. MA or TAA applications shall not be allowed in: (a) military and other government reservations; (b) near or under public or private buildings, cemeteries, archeological and historic sites, bridges, highways, waterways, railroads, reservoirs, dams, or other infrastructure projects; (c) areas covered by valid and existing mining rights; (d) areas expressly prohibited by law; (e) areas covered by small-scale miners; and (f) old growth virgin forests, proclaimed watershed forest reserves, wilderness area, mangrove forests, mossy forests, national parks, provincial/municipal forests, parks, greenbelts, game refuge, and bird sanctuaries, and areas expressly prohibited under the National Integrated Protected Area System.

Said applications concerning military and other government reservations, and said infrastructure projects, upon prior written clearance by the government agency concerned.

Furthermore, small-scale miners may consent that their areas be the subject of a MA or TAA application, in which royalties shall be paid, and shall form a trust fund for the socioeconomic development of the community concerned.

MAs shall grant the contractor the exclusive right to conduct mining operations and to extract all mineral resources found in the contract area.

They may be in the form of: (a) MPSA, where the State grants to the contractor the exclusive right to conduct mining operations within a contract area and shares in the gross output; (b) co-production agreement, where the State shall provide inputs to the mining operations other than the mineral resource; (c) joint-venture agreement, where the State and contractor organizes a joint-venture company, in which both parties shall have equity shares and the State shall be entitled to a share in the gross output.

(To be continued)