RS # 102019-Tem 2019-2022 ‘Seplember 03, 2019 (Oinance No, 003, Series of 2019 2019-2022), Page 20f3 WHEREAS, under Sec. 1(d) of the Executive Order No. 79, entiied, ‘Institutionalizing and Implementing Reforms in the Philippine Mining Sector, Providing Policies and Guidelines to Ensure Environmental Protection and Responsible Mining in the Utilization of Mineral Resources", applications for mineral contracts, concessions, and agreements shall not be allowed in Tourism development areas, as identified in the National Tourism Development Plan (NTOP); WHEREAS, the Province of Capiz was identified and declared as Tourism Development Area by the Department of Tourism and therefore no large-scale mining activity must be allowed; WHEREAS, the will of the sovereign people must always be superior to all other interest since ours is @ republican state and democratic State. Sovereignty resides in the people and all government authority ‘emanates from them; WHEREAS, the overwhelming sovereign will of the Capizefios must prevail that no large-scale mining activity must be allowed in Capiz. NOW, THEREFORE, be it ordained by the Sangguniang Panlalawigan of Capiz, in @ regular session assembled, that: SECTION 4. TITLE. This Ordinance shall be known as “AN ORDINANCE PROHIBITING THE CONDUCT OF LARGE-SCALE MINING OPERATIONS IN THE PROVINCE OF CAPIZ. SECTION 2. POLICY. The province of Capiz by giving importance and priorities to the enormous ‘opportunities and potentials of its environment and natural resources, hereby declares that itis unlawful ‘and/or prohibited for any person, corporation andlor any business entity to engage in any large-scale mining operation within its tettorial jurisdiction from the effectivity ofthis ordinance in order to protect and conserve its forests and water resources for the welfare and satisfaction of the present and future generations towards the attainment of a healthy, safe and sustainable environment and resilient community SECTION 3. PURPOSE, SCOPE AND COVERAGE. This ordinance covers all persons, corporations and other entities of similar nature, engaged in large-scale mining activities. This is for the purpose of preventing further degradation, pollution and contamination of the river/s and water systems of the province of Capiz and its neighboring areas and to stop the continuous and unconscionable destructi of our forest reserves and natural resources. Al permits for large-scale mining operations shall be considered as having no force and effect as’ far as their operation in the province of Capiz is concemed. The operation of legitimate quarry permittees for sand, gravel, soil, stones and rocks is not by this ordinance, provided that their permits to operate have a corresponding indorsement through ‘a, resolution by the Sangguniang Barangay and Sangguniang Bayan where they are conducting their operation. All quary permits who do not have a corresponding indorsement through a resolution by the Sangguniang Barangay and Sangguniang Bayan shall be considered as revoked and shall cease to operate until they secured the said resolution. Quarry operators in violation of this section shall be liable and penalized under Section 5 of this Ordinance. SECTION 4. DEFINITION OF TERMS. As used in this Code, the following words and phrases shall be defined as follows: a. “Small-scale Mining" refers to the mining activity, which rely heavily on manual lat using simple implements and methods and does not use explosives or hea <=> = ‘equipment for mining purposes; cs b. ‘Large-scale Mining" means mining activities involving exploration, feasibilly, development, utilizations and processing over areas of more than 3 hectares and it includes the use of heavy equipment, modem technology and explosives; ¢. “Mining Operations’ means mining activities involving exploration, feasibility study, N development, utilization ge metallic and LZ ‘high = 7