Imposing Mine Wastes and Tailings Fee on Mining Companies

November 28, 1977

PRESIDENTIAL DECREE NO. 1251

IMPOSING A FEE ON OPERATING MINING COMPANIES TO BE KNOWN AS "MINE WASTES AND TAILINGS FEE" TO COMPENSATE FOR DAMAGES TO PRIVATE LANDOWNERS AND FOR OTHER PURPOSES

WHEREAS, in order to abate pollution and maintain a healthy environment, Presidential Decree Nos. 463, 984, 1151, 1152 and 1198 were promulgated, and regulations, policies and guidelines therefor approved; cdt

WHEREAS, while pollution has to some extent been considerably reduced in view of the implementation of said decrees, regulations, policies and guidelines, the damages caused by pollution on lands, agricultural crops and forest products, marine life and aquatic resources, and the destruction inflicted on infrastructures still remain to be compensated;

WHEREAS, there is a need to revegetate and rehabilitate silted farm lands and other areas devoted to agriculture, aquaculture and fishing and to reconstruct infrastructure by placing the same to its original condition as of before such mining operations/activities; and

WHEREAS, it is imperative to generate funds by imposing a fee on operating mining companies for the purposes mentioned above; cd i

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order the following:

 A semi-annual fee to be known as "Mine Wastes and Tailings Fee" is hereby imposed on all operating mining companies at such amount/s to be determined by the Secretary of Natural Resources, upon the recommendation of the Director of Mines.

 The Mine Wastes and Tailings Fee shall accrue to a reserve fund to be used exclusively for payment of damages on lands, agricultural crops and forest products, marine life and aquatic resources, the destruction of infrastructures, and the revegetation and rehabilitation of silted farm lands and other areas devoted to agriculture and fishing caused by pollution due to the operation of mining companies.

 For the purpose of evaluating the amount of damages mentioned in Section 2 hereof, there is hereby created a committee to be composed of the following:

1. Commissioner, National Pollution Control Commission, Chairman.

2. Director, Bureau of Mines, Vice Chairman.

3. Administrator, National Irrigation Administration, Member.

4. Director, Bureau of Lands, Member.

5. Director, Bureau of Plants Industry, Member.

6. Director, Bureau of Fisheries and Aquatic Resources, Member.

7. Executive Director, National Environmental Protection Council, Member. casia

8. Director, Bureau of Forest Development, Member.

SECTION 4. The Secretary of Natural Resources, upon the recommendation of the Director of Mines, shall promulgate rules and regulations to implement the provisions of this Decree.

SECTION 5. If any section or provision of this Decree is held or declared unconstitutional or invalid by a competent court, the other sections or provisions hereof shall continue to be in force as if the sections or provisions so annulled or voided had never been incorporated in this Decree.

SECTION 6. All laws, executive orders, decrees, rules and regulations or parts thereof, contrary to or inconsistent with the provisions of this Decree, are hereby repealed and amended or modified accordingly.

SECTION 7. This Decree shall take effect immediately upon promulgation.

DONE in the City of Manila, this 28th day of November, in the year of Our Lord, Nineteen Hundred and Seventy-Seven.

Published in the Official Gazette, Vol. 74 No. 13 Page 2491 on March 27, 1978.