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RA 7942 (Envi Protection)
RA 7942 (Envi Protection)
RA 7942 (Envi Protection)
General Provision
Consistent with the basic policy of the State to assure the availability,
sustainability and equitable distribution of the country's natural resources, the
Department adopts the policy that mining activities attendant to permits, agreements and
leases shall be managed in a technically, financially, socially, culturally and
environmentally responsible manner to promote the general welfare of the country and
the sustainable development objectives and responsibilities as provided for in these
implementing rules and regulations.
The EPEP shall provide a description of the expected and considered acceptable
impacts and shall set out the life-of-mine environmental protection and enhancement
strategies based on best practice in environmental management in mining. It shall
include a statement on post-mining land use potential for various types of disturbed land
(inter alia, pits, waste dumps, tailings-impounding structures and infrastructure sites) and
extend to the completion of the commitments in the rehabilitation of the disturbed land in
a technically, socially and environmentally competent manner. The program shall be
based on practical and achievable options and demonstrated practice. Finally, the
program shall include implementation schedules, system of environmental compliance
guarantees, monitoring, reporting and cost provisions. Where proposed practices are
unproven, a research program to prove the impact control and rehabilitation technology
shall be required.
The Contractor shall allocate for its initial environment-related capital
expenditures an amount that shall approximate ten percent (10%) of the total
capital/project cost or such other amount depending on the environmental/ geological
condition, nature and scale of operations and technology employed. Initial environmentrelated
capital expenditures may include environmental studies and design cost, waste
area preparation, tailings/slime containment/disposal system, mine waste disposal
system, wastewater/acid mine drainage treatment plants, dust control equipment, air
pollution control facilities, drainage system and other environment-related mitigating
measures and capital expenditures.
Detailed guidelines in the preparation of and on compliance with the EPEP shall
be prescribed by the Secretary through the Director and shall be intended to assist the
development of project specific environmental management practices.
Section 170. Processing and Approval of the EPEP
The Contractor/Permit Holder shall submit at least ten (10) legible copies of
the EPEP and a complete electronic file in computer diskettes to the MRF Committee
(described in Sections 182 and 183 hereof) through the Regional Office concerned
for review.
The MRF Committee shall conduct a preliminary evaluation on the submitted
document as to its form and substance and may impose additional requirements and
documentation which are deemed necessary. The MRF Committee shall endeavor to
complete the evaluation and processing of the EPEP within thirty (30) calendar days
from receipt thereof: Provided, That the EPEP of Industrial Sand and Gravel Permit
and Quarry Permit holders/applicants shall be evaluated and approved/disapproved
by the MRF Committee in the Region concerned.
All preliminary evaluations shall be consolidated and forwarded to the Contingent
Liability and Rehabilitation Fund (CLRF) Steering Committee (described in Sections 193
and 194 hereof) through the Bureau for final evaluation and approval. The EPEP shall
be acted upon by the CLRF Steering Committee within thirty (30) calendar days from
receipt thereof from the MRF Committee. The Contractor/Permit Holder shall provide
each of the LGUs concerned with a copy of the approved EPEP not later than thirty (30)
calendar days prior to the intended date of commencement of mining operation.
Any change in the approved environmental protection, enhancement and
rehabilitation strategies, which entails a variance of minus twenty percent (-20%) of the
financial requirements, shall require a submission of a revised EPEP by the
Contractor/Permit Holder to the MRF Committee for preliminary evaluation and to the
CLRF Steering Committee for final evaluation and approval. The MRF and CLRF
Steering Committees shall act on the revised EPEP within the period of assessment as
set forth in the preceding paragraphs. The Contractor/Permit Holder shall provide each
of the LGUs concerned with a copy of the approved revised EPEP not later than thirty
(30) calendar days prior to the intended date of effecting the revised EPEP.
Section 171. Annual Environmental Protection and Enhancement Program
To effectively implement the approved EPEP, an AEPEP (MGB Form No. 16-3)
shall be submitted to the Bureau/Regional Office concerned at least thirty (30) calendar
days prior to the beginning of every calendar year. Such program shall be based on the
approved EPEP and shall be implemented during the year for which it shall be
submitted. It shall include, but shall not be limited to, exploration, development,
utilization, rehabilitation, regeneration, revegetation and reforestation of mineralized
areas, slope stabilization of mined-out areas, waste dumps (acid mine drainage control),
tailings-covered areas, aquaculture, watershed development and water conservation
and socioeconomic development.
A Contractor/Permit Holder shall allocate for its annual environment-related
expense a percentage based on the AEPEP which may approximate a minimum of
three to five percent (3-5%) of its direct mining and milling costs depending on the
environment/geologic condition, nature and scale of operations and technology
employed.
Section 172. Penalties
Contractors/Permit Holders found operating a mining project without an approved
EPEP/revised EPEP shall suffer the penalty prescribed in the Penal Provisions of the
Act.