Providing for a New Guidelines in the Evaluation and Approval of the Three-Year Development/Utilization Work Program

August 17, 2018

DENR ADMINISTRATIVE ORDER NO. 20-18

 

In consonance with the presidential directives on the strict monitoring of mining operations and pursuant to the pertinent provisions of Sections 8 and 9 and Chapter XI of the Republic Act (RA) No. 7942, otherwise known as the Philippine Mining Act of 1995, and Executive Order No. 79, 1 the following are hereby promulgated for the guidance and compliance of all concerned: ATICcS

SECTION 1. Basic Policy. —

All Contractors of Mineral Agreements (MAs)/Financial or Technical Assistance Agreements (FTAAs) and holders of other similar Mining Tenements are required to submit and secure the approval of the Three-Year Development/Utilization Work Program (3YD/UWP) for the conduct of mining operations.

The 3YD/UWP shall provide a detailed description of the course of every phase of mining operations covering a three-year mining cycle within the term of a Mining Tenement.

SECTION 2. Objectives. —

This Administrative Order is issued to:

1. Provide standards in the evaluation and approval of the 3YD/UWP that is consistent with the approved Feasibility Study, the provisions of mining laws, rules and regulations and the terms and conditions of the mining permit/contract; and

2. Implement an efficient monitoring system.

SECTION 3. Scope and Coverage. —

This Order shall cover all MAs or FTAAs and other similar Mining Tenements under Development/Construction and Operating Period, and applications for MAs, FTAAs or other similar Mining Tenements for Development/Construction and Operating Period.

SECTION 4. Definition of Terms. — ETHIDa

As used in and for the purpose of this Order, the following shall mean:

1. Mining Tenement — means any tenurial instrument providing mining rights, such as MAs, FTAAs, Mining Patents, and Special Mines Permit;

2. Three-Year Development/Utilization Work Program (3YD/UWP) — means a detailed description of the course of every phase of development and/or utilization covering the three-year mining cycle within the term of a Mining Tenement;

Other undefined terms used in this Order shall have the same meaning as defined in other relevant laws and their implementing rules and regulations.

SECTION 5. Processing and Approval of the Three-Year Development/Utilization Work Program. —

The proposed 3YD/UWP shall be submitted to the MGB Regional Office (RO) concerned not later than 60 days prior to the expiration of the existing 3YD/UWP for its initial evaluation. The 3YD/UWP shall be prepared by a licensed Filipino mining engineer employed and assigned in the mine site. The 3YD/UWP must have the conformity of the highest official in the mine site.

The MGB RO shall complete the initial evaluation of the proposed 3YD/UWP and endorse the same to MGB Central Office (CO), within 15 days from receipt thereof.

In case of a Permittee with an application for an MA or FTAA, the proposed 3YD/UWP shall form part of the mandatory requirements thereof.

The MGB RO concerned shall evaluate the 3YD/UWP using the pertinent standard evaluation form, hereto attached as Annex A. In addition thereto, the following shall be considered in the evaluation:

1. MGB Form No. 6-2, as revised, hereto attached as Annex B;

2. Mine production plan (e.g., production schedule, operating cost, mine lay-out and design indicating areas for extraction, development and/or construction, etc.), taking into account the approved Feasibility Study and the Environmental Compliance Certificate. The production schedule should be detailed on a quarterly basis for a more efficient monitoring of operations;

3. Approved/proposed Environmental Protection and Enhancement Program (EPEP); and

4. All safety parameters for the mining operation/s in accordance with the approved/proposed Annual Safety and Health Program and the pertinent provisions of existing Mine Safety and Health Standards.

Within 30 days upon receipt of the 3YD/UWP, the MGB CO shall conduct the final evaluation and approve the same. If in case the result of such evaluation reveals certain deficiency/ies, the MGB CO shall write to the Contractor or holder of other Mining Tenement concerned to inform them of the result to rectify such deficiency/ies within the given period. The MGB CO shall approve the 3YD/UWP if such deficiency/ies is/are already addressed. The same shall be forwarded to MGB RO and the Contractor or holder of other Mining Tenement concerned. TIADCc

SECTION 6. Revision of the Approved Three-Year Development/Utilization Work Program. —

It is recognized that the details of the 3YD/UWP may change. Any proposed revision to the 3YD/UWP shall, within 30 days before implementation of such revision, be submitted to the Director for evaluation, copy furnished the MGB RO concerned: Provided, That the proposed revision shall not change the general objective of the 3YD/UWP: Provided further, That only changes which entail a negative variance of at least twenty percent (20%) shall be subject to the approval of the Director.

The proposed revision to the 3YD/UWP shall be deemed approved upon the failure of MGB CO to notify the Contractor or holder of other Mining Tenement on the result of the evaluation after 30 days from receipt thereof.

SECTION 7. Monitoring. —

The MGB ROs concerned shall utilize the MGB Standard Monitoring Checklists on Mining Tenements and the safety, health, environment and social concerns to ensure the implementation and compliance of the Contractor or Permit Holder with the approved 3YD/UWP.

SECTION 8. Transitory Provision. —

All Contractors or holders of other Mining Tenements with approved 3YD/UWP shall implement the same until its expiration subject to Section 6 hereof.

SECTION 9. Separability Clause. —

If any clause, sentence, section or provision of this Order is held or declared to be unconstitutional or invalid by a competent court, the remaining parts of this Order shall not be affected thereby.

SECTION 10. Repealing Clause. —

All orders, circulars and directives or parts thereof inconsistent with the provisions of this Order are hereby repealed or modified accordingly.

SECTION 11. Effectivity. —

This Order shall take effect within 15 days following its complete publication in a newspaper of general circulation and registration with the Office of the National Administrative Register. AIDSTE

(SGD.) ROY A. CIMATUSecretary

ANNEX A

Evaluation Form of the Three (3)-Year Development/Utilization Work Program

 

Footnotes

1. 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.

 

Published in The Manila Times on August 20, 2018.