eo 79 (ammendments on phil mining act of 1995)

8/20/2019 EO 79 (Ammendments on Phil MIning Act of 1995)

http://slidepdf.com/reader/full/eo-79-ammendments-on-phil-mining-act-of-1995 1/7

Executive Order No. 79, s. 2012Signed on

MALACAÑAN PALACE

MANILABY !E P"E#I$EN O% !E P!ILIPPINE#

E&EC'I(E O"$E" NO. 79

IN#I'IONALI)IN* AN$ IMPLEMENIN* "E%O"M# IN !E P!ILIPPINE MININ*

#ECO" P"O(I$IN* POLICIE# AN$ *'I$ELINE# O EN#'"E EN(I"ONMENAL

P"OECION AN$ "E#PON#IBLE MININ* IN !E 'ILI)AION O% MINE"AL

"E#O'"CE#

+!E"EA#, Section 16, Article II of the 1987 Constitution provides that the State shall protect and

advance the right of the Filipino people to a balanced and healthful ecology in accord ith the rhyth!

and har!ony of nature"

+!E"EA#, Section 1, Article #II of the 1987 Constitution see$s a !ore e%uitable distribution of

opportunities, inco!e, and ealth" a sustained increase in the a!ount of goods and services produced

by the nation for the benefit of the people" an e&panding productivity as the $ey to raising the %uality of

life for all, especially the underprivileged" and that in the pursuit of these goals, all sectors of the

econo!y and all regions of the country shall be given opti!u! opportunity to develop"

+!E"EA#, Section ', Article #II of the 1987 Constitution provides that the e&ploration,

develop!ent, and utili(ation of !ineral resources shall be under the full control and supervision of theState"

+!E"EA#, further to Section ', Article #II of the 1987 Constitution, hich recogni(es the s!all)

scale utili(ation of resources by Filipino citi(ens, s!all)scale !ining shall be recogni(ed as a for!al

sector of the industry"

+!E"EA#, Section '', Article II of the 1987 Constitution provides that the State recogni(es and

pro!otes the right of indigenous cultural co!!unities ithin the fra!eor$ of national unity and

develop!ent, and *epublic Act +*A -o. 8/71, or the Indigenous 0eoples *ights Act +I0*A of 1997,

recogni(es further the indigenous peoples +I0s right to develop their lands and natural resources

ithin their ancestral do!ains, sub2ect to their free, prior, and infor!ed consent +F0IC"

+!E"EA#, Section 7, Article # of the Constitution provides that local govern!ent units +345s are

entitled to an e%uitable share in the proceeds of the utili(ation and develop!ent of the national ealth

ithin their 2urisdiction, and the 3ocal 4overn!ent Code of 1991 provides that 345s have the duty

and authority to protect and co)!anage the environ!ent and enhance the right of the people to a

balanced ecology"



+!E"EA#, Section ' of *A -o. 79', otherise $non as the 0hilippine ining Act of 199,

provides that it shall be the responsibility of the State to pro!ote the rational e&ploration, develop!ent,

utili(ation, and conservation of the countrys !ineral resources through the co!bined efforts of

govern!ent and the private sector in order to enhance national groth in a ay that effectively

safeguards the environ!ent and protects the rights of affected co!!unities" and,

+!E"EA#, as reco!!ended by the Cli!ate Change Adaptation and itigation and cono!ic:evelop!ent Cabinet Clusters in a ;oint *esolution dated 16 arch '<1', a si&)point agenda as

adopted, hich sets the direction and lays the foundation for the i!ple!entation of *esponsible

ining 0olicies, fore!ost a!ong hich is to i!prove environ!ental !ining standards and increase

revenues to pro!ote sustainable econo!ic develop!ent and social groth, both at the national and

local levels,

NO+ !E"E%O"E, I, BENI*NO #. A'INO III, 0resident of the 0hilippines, by virtue of the

poers vested in !e by the Constitution and e&isting las, do hereby order the folloing=

#ECION 1. Are-s Cosed to Mi/i/ Aic-tio/s. Applications for !ineral contracts, concessions,and agree!ents shall not be alloed in the folloing=

a Areas e&pressly enu!erated under Section 19 of *A -o. 79'"

b 0rotected areas categori(ed and established under the -ational Integrated 0rotected Areas Syste!

+-I0AS under *A -o. 786"

c 0ri!e agricultural lands, in addition to lands covered by *A -o. 667, or the Co!prehensive

Agrarian *efor! 3a of 1988, as a!ended, including plantations and areas devoted to valuable crops,

and strategic agriculture and fisheries develop!ent (ones and fish refuge and sanctuaries declared as

such by the Secretary of the :epart!ent of Agriculture +:A"

d >ouris! develop!ent areas, as identified in the -ational >ouris! :evelop!ent 0lan +->:0" and,

e ?ther critical areas, island ecosyste!s, and i!pact areas of !ining as deter!ined by current and

e&isting !apping technologies, that the :-* !ay hereafter identify pursuant to e&isting las, rules,

and regulations, such as, but not li!ited to, the -I0AS Act.

ining contracts, agree!ents, and concessions approved before the effectivity of this ?rder shall

continue to be valid, binding, and enforceable so long as they strictly co!ply ith e&isting las, rules,

and regulations and the ter!s and conditions of the grant thereof. For this purpose, revie and

!onitoring of such co!pliance shall be underta$en periodically.

#ECION 2. %u E/orce3e/t o E/viro/3e/t- #t-/d-rds i/ Mi/i/. >he 4overn!ent in

general, and the :epart!ent of nviron!ental and -atural *esources +:-* in particular, in

coordination ith concerned 345s, shall ensure that environ!ental standards in !ining, as prescribed

by the various !ining and environ!ental las, rules, and regulations, shall be fully and strictly

enforced, and appropriate sanctions !eted out against violators thereof.

In line ith the above, only those ho are able to strictly co!ply ith all the pertinent re%uire!ents



shall be eligible for the grant of !ining rights, pursuant to the applicable provisions of *A -o. 79'.

#ECION 4. "evie5 o t6e Peror3-/ce o Existi/ Mi/i/ Oer-tio/s -/d Ce-/si/ o No/

Movi/ Mi/i/ "i6ts !oders. >o ensure co!pliance ith environ!ental standards, las, rules and

regulations, and to rationali(e the !anage!ent and utili(ation of !inerals toard sustainable

develop!ent, a !ulti)sta$eholder tea! led by the :-* shall conduct a revie of the perfor!ance of

e&isting !ining operations. >he said revie shall be based on guidelines and para!eters set forth in thespecific !ining contract or agree!ent and on other pertinent or applicable las, rules and regulations,

such as the ining Act of 199 and the 3abor Code. Appropriate action shall be i!!ediately ta$en

against proven violators based on the findings and reco!!endations of the revie.

#ECION 8. *r-/t o Mi/er- Aree3e/ts Pe/di/ Ne5 Leis-tio/. -o ne !ineral agree!ents

shall be entered into until a legislation rationali(ing e&isting revenue sharing sche!es and !echanis!s

shall have ta$en effect. >he :-* !ay continue to grant and issue &ploration 0er!its under e&isting

las, rules, and guidelines. >he grantees of such per!its shall have the rights under the said las, rules,

and guidelines over the approved e&ploration area and shall be given the right of first option to develop

and utili(e the !inerals in their respective e&ploration area upon the approval of the declaration of

!ining pro2ect feasibility and the effectivity of the said legislation.

>he :-* shall li$eise underta$e a revie of e&isting !ining contracts and agree!ents for possible

renegotiation of the ter!s and conditions of the sa!e, hich shall in all cases be !utually acceptable to

the govern!ent and the !ining contractor.

#ECION . Est-:is63e/t o Mi/er- "eserv-tio/s. 0otential and future !ining areas ith $non

strategic !ineral reserves and resources shall be declared as ineral *eservations for the develop!ent

of strategic industries identified in the 0hilippine :evelop!ent 0lan and a -ational Industriali(ation

0lan, pursuant to the pertinent provisions of *A -o. 79', after proper consultation ith all concernedsta$eholders such as, but not li!ited to, residents of affected co!!unities, 345s, the business sector,

and non)govern!ent and civil society organi(ations.

>his shall be ithout pre2udice to the agree!ents, contracts, rights and obligations previously entered

into by and beteen the govern!ent and !ining contractors@operators.

#ECION ;. Oe/i/ o Are-s or Mi/i/ t6rou6 Co3etitive Pu:ic Biddi/. >he grant of

!ining rights and !ining tene!ents over areas ith $non and verified !ineral resources and

reserves, including those oned by the 4overn!ent and all e&pired tene!ents, shall be underta$en

through co!petitive public bidding. >he ines and 4eosciences ureau +4 shall prepare the

necessary co!petitive bid pac$ages and for!ulate the proper guidelines and procedures to conduct the

sa!e, hich shall include ensuring that the social acceptability of the proposed pro2ect has been

secured.

All other !ining rights and tene!ents applications shall be processed and approved through e&isting

procedures.

#ECION 7. $isositio/ o A:-/do/ed Ores -/d (-u-:e Met-s i/ Mi/e +-stes -/d Mi



-ii/s. All valuable !etals in abandoned ores and !ine astes and@or !ill tailings generated by

previous and no defunct !ining operations belong to the State and shall be developed and utili(ed

through co!petitive public bidding in accordance ith the pertinent provisions of la.

In the case of e&isting !ining operations, all valuable !etals in !ine astes and@or !ill tailings shall

auto!atically belong to the State upon the e&piration of the pertinent !ining contracts and shall be

si!ilarly developed and utili(ed through public bidding" provided, that here to or !ore !ine sites,covered by their respective !ining contracts, share a single tailings pond, both or all !ining contracts

!ust e&pire before the State can clai! onership over the said tailing pond.

>he States assu!ption of responsibility over the structures and facilities relating to !ine astes and

!ine tailings shall be ithout pre2udice to any liability@liabilities that !ay be found against !ining

contractors for any har! or da!age caused by said structures and facilities, !ine astes and !ine

tailings prior to the said assu!ption of responsibility in accordance ith e&isting las, rules,

regulations and the ter!s of the grant of the !ining rights.

#ECION <. (-ueAddi/ Activities -/d t6e $eveo3e/t o $o5/stre-3 I/dustries or t6eMi/er- #ector. >he :-*, in coordination ith the :epart!ent of >rade and Industry +:>I,

:epart!ent of Science and >echnology +:?S>, -ational cono!ic and :evelop!ent Authority

+-:A, other govern!ent agencies concerned, the !ining industry, and other sta$eholders, shall

sub!it ithin a period of si& +6 !onths a national progra! and road)!ap, based on the 0hilippine

:evelop!ent 0lan and a -ational Industriali(ation 0lan, for the develop!ent of value)adding activities

and donstrea! industries for strategic !etallic ores.

#ECION 9. Co/stituti/ t6e Ci3-te C6-/e Ad-t-tio/ -/d Miti-tio/ -/d Eco/o3ic

$eveo3e/t C-:i/et Custers -s t6e Mi/i/ I/dustr= Coordi/-ti/ Cou/ci >MICC?. >he

Cli!ate Change Adaptation and itigation and cono!ic :evelop!ent Cabinet Clusters, shallconstitute the!selves into an interagency foru! to be $non as the ining Industry Coordinating

Council +ICC.

>he ICC shall be co)chaired by the Chairpersons of the to +' clusters and shall have the folloing

additional !e!bers= Secretary, :epart!ent of ;ustice +:?;, Chairperson, -ational Co!!ission on

Indigenous 0eoples +-CI0, and 0resident, 5nion of 3ocal Authorities of the 0hilippines +53A0.

#ECION 10. Po5ers -/d %u/ctio/s o t6e Cou/ci. >he Council shall have the folloing poers

and functions=

a Sub!it a or$ plan ithin si&ty +6< days fro! the effectivity of this ?rder for the i!ple!entationof this ?rder and other refor!s related to the !ining industry"

b nsure continuing dialogue and coordination a!ong all sta$eholders in the industry"

c Conduct and facilitate the necessary capacity and institutional building progra!s for all concerned

govern!ent agencies and instru!entalities"

d Conduct an assess!ent and revie of all !ining)related las, rules and regulations, issuances, and



agree!ents ith the vie to for!ulating reco!!endations to i!prove the allocation of revenues and

ris$ beteen the govern!ent and the !ining sector, to enhance coordination beteen the -ational

4overn!ent and 345s to ensure i!ple!entation of !ining las and regulations, and to properly

regulate s!all)scale !ining participants and ensure that they are accountable to the sa!e

environ!ental and social obligations as large)scale !ining co!panies"

e As !ay be directed by the 0resident, constitute and create a >as$ Force Against Illegal ining andsee$ the assistance of all la enforce!ent agencies, such as, but not li!ited, to the 0hilippine -ational

0olice +0-0 and the Ar!ed Forces of the 0hilippines +AF0 to ensure strict co!pliance ith relevant

las, rules and regulations"

f Serve as the ?versight Co!!ittee over the operations of 0rovincial@City ining *egulatory oards

+0@C*s"

g *e%uest the assistance of any govern!ent agency or instru!entality, including govern!ent)oned

and controlled corporations and local govern!ent units +345s, in the i!ple!entation of this ?rder"

h Sub!it periodic reports to the 0resident on the status of the i!ple!entation of this ?rder" and,

i 0erfor! such other functions and acts as !ay be necessary, proper or incidental to the attain!ent of

its !andates and ob2ectives, or as !ay be directed by the 0resident.

#ECION 11. Me-sures to I3rove #3-#c-e Mi/i/ Activities. >o i!prove and address issues

on s!all)scale !ining, the folloing !easures shall be underta$en=

a S!all)scale !ining activities shall co!ply ith *A -?. 7<76, or the 0eoples S!all)Scale ining

Act of 1991, and the nviron!ental I!pact State!ent Syste! re%uire!ents under 0residential :ecree

+0: -o. 186"

b 0ursuant to *A -o. 7<76, s!all)scale !ining operations shall be underta$en only ithin the

declared 0eoples S!all)Scale ining Areas or Minahang Bayan"

c 0ursuant to Section ' of *A -o. 7<76, 0@C*s in provinces and cities here they have not been

constituted shall be operationali(ed ithin three +/ !onths fro! the effectivity of this ?rder"

d S!all)scale !ining shall not be applicable for !etallic !inerals e&cept gold, silver, and chro!ite, as

provided for in *A -o. 7<76"

e >he use of !ercury in s!all)scale !ining shall be strictly prohibited" and,

f >raining and capacity building !easures in the for! of technical assistance for s!all)scale !iningcooperatives and associations shall be conducted by the concerned govern!ent agencies.

#ECION 12. Co/siste/c= o Loc- Ordi/-/ces 5it6 t6e Co/stitutio/ -/d N-tio/- L-5s@L*'

Cooer-tio/. >he :epart!ent of the Interior and 3ocal 4overn!ent +:I34 and the 345s are hereby

directed to ensure that the e&ercise of the lattters poers and functions is consistent ith and confor!

to the regulations, decisions, and policies already pro!ulgated and ta$en by the -ational 4overn!ent

relating to the conservation, !anage!ent, develop!ent, and proper utili(ation of the States !ineral



resources, particularly *A -o. 79' and its i!ple!enting rules and regulations, hile recogni(ing the

need for social acceptance of proposed !ining pro2ects and activities.

345s shall confine the!selves only to the i!position of reasonable li!itations on !ining activities

conducted ithin their respective territorial 2urisdictions that are consistent ith national las and

regulations.

Concerned govern!ent agencies, in particular the :-*, the :epart!ent of udget and anage!ent

+:, and the :epart!ent of Finance +:?F, are hereby directed to ensure the ti!ely release of the

share of 345s in the -ational Bealth pursuant to Section '89 of *A -o. 716<, or the 3ocal

4overn!ent Code of 1991. >hese agencies are li$eise directed to study the possibility of increasing

345S share as ell as granting the! direct access si!ilar to e&isting arrange!ents ith the 0hilippine

&port one Authority +0A.

345s, :-*, and the 4 or$ing together shall strictly i!ple!ent *A -o. 7<76, to ensure the

protection of the environ!ent, address various issues in s!all)scale !ining, and ensure that violators

thereof are sub2ected to appropriate ad!inistrative and cri!inal liability.#ECION 14. Cre-ti/ - O/esto #6o or - Mi/i/ Aic-tio/s -/d Procedures. >he :-*

is hereby directed to establish an inter)agency one)stop shop for all !ining related applications and

processes ithin si& +6 !onths fro! the effectivity of this ?rder. >he :-* shall issue authority to

verify !ineral deposits only for areas open to !ining, as defined in this ?rder" provided, that no

ineral 0roduction Sharing Agree!ent +0SA, Financial and >echnical Assistance Agree!ent

+F>AA, ;oint Denture Agree!ent +;DA, or Co)0roduction Agree!ent +C0A shall be approved

ithout the F0IC of the concerned I0s and co!pliance ith the social acceptability re%uire!ent of the

co!!unities affected. All concerned govern!ent agencies and instru!entalities, including but not

li!ited to the :-*)4, -CI0, :?F, and concerned 345s are hereby directed to ensure anefficient and effective consolidation of functions, and to cooperate and render assistance as !ay be

necessary.

#ECION 18. I3rovi/ r-/s-re/c= i/ t6e I/dustr= := oi/i/ t6e Extr-ctive I/dustries

r-/s-re/c= I/iti-tive. In order to i!prove transparency, accountability, and governance in the

sector, the govern!ent shall support and co!!it participation in the &tractive Industries >ransparency

Initiative +I>I. >he :-* is !andated to ensure that !echanis!s are established to operationali(e

the I>I in the !ining sector, in consultation and coordination ith the !ining industry and other

concerned sta$eholders.

#ECION 1. Cre-tio/ o - Ce/tr-ied $-t-:-se or t6e Mi/i/ I/dustr=. >he :-* is hereby

directed to create a centrali(ed database of all !ining)related infor!ation. >he database shall initially

include all available data on the industry fro! all govern!ent agencies and instru!entalities. >he

database shall be publicly accessible, transparent, co!plete, and co!prehensive. >he database shall be

created ithin si& +6 !onths fro! the effectivity of this ?rder.

Infor!ation and data gathered fro! the conduct of *esource Accounting or Full)Cost enefit Analysis

Studies, in line ith the Bealth Accounting and Daluation of cosyste! Services +BADS and the



-ational Cli!ate Change Action 0lan +-CCA0, shall also be !ade part of the centrali(ed database.

#ECION 1;. I/ter-ted M- #=ste3 to I/cude Mi/i/ "e-ted M-s. Current and e&isting

efforts to create an integrated !ap syste! for the co!!on and unifor! use of all govern!ent agencies

and instru!entalities shall include all !ining)related !aps, such as, but not li!ited, to !ining tene!ent

!aps, geo)ha(ard and !ulti)ha(ard !aps, ancestral lands and do!ains, and protected areas under the

-I0AS, a!ong others. >he !aps in the syste!, including the !ining)related !aps, shall guide allplanning and decision)!a$ing processes.

Areas closed to !ining operations, as provided for in Section ' of this ?rder and in other pertinent

las, rules, and regulations, shall be clearly defined and delineated under the integrated !ap syste!.

#ECION 17. 'se o t6e Pror-33-tic E/viro/3e/t- I3-ct Assess3e/t. >he :-* and the

nviron!ental anage!ent ureau + shall study the adoption of the 0rogra!!atic

nviron!ental I!pact Assess!ent +0IA in the i!ple!entation of the 0hilippine nviron!ental

I!pact State!ent Syste! +0ISS under 0: -o. 186, for !ining pro2ects and related activities. >he

necessary a!endatory rules and regulations shall be issued for the i!ple!entation of this Section.>he :-*) is also hereby directed to study the use and i!ple!entation of the 0IA for other

industries and activities covered by the 0ISS.

#ECION 1<. %u/di/. All govern!ent agencies involved in the i!ple!entation of this ?rder are

authori(ed to allocate fro! their e&isting funds such a!ounts as !ay be necessary for the budgetary

re%uire!ents that !ay be needed to pursue the ob2ectives of this ?rder, sub2ect to the usual govern!ent

accounting and auditing rules and regulations.

#ECION 19. I3e3e/ti/ "ues -/d "eu-tio/s >I""s?. >he :-*, or$ing ith the ICC,

shall issue the pertinent I**s ithin si&ty +6< days fro! the effectivity of this ?rder.

#ECION 20. #e-r-:iit= C-use. If any provision of this ?rder is declared invalid and

unconstitutional, all other provisions unaffected shall re!ain valid and subsisting.

#ECION 21. "ee-i/ C-use. All other rules, regulations and issuances or parts thereof that are

inconsistent ith this &ecutive ?rder are hereby repealed or !odified accordingly.

#ECION 22. Eectivit=. >his ?rder shall ta$e effect i!!ediately upon its publication in a

nespaper of general circulation.

$ONE, in the City of anila, this 6th day of ;uly in the year of our 3ord >o >housand and >elve.

+Sgd. BENI*NO #. A'INO III

y the 0resident=

+Sgd. PA'IO N. OC!OA, ".

&ecutive Secretary

eo 79 (ammendments on phil mining act of 1995)

Documents