Rules and Regulations Implementing Presidential Decree Nos. 1151 & 1198

October 5, 1978

MINES ADMINISTRATIVE ORDER NO. MRD-24-78

 

To implement the provisions of Presidential Decree Nos. 1151 and 1198 promulgated on June 6 and September 17, 1977, respectively, and to complement the provisions of Mines Administrative Order No. 20, approved on July 6, 1977, the following rules and regulations are hereby promulgated for the information of all concerned: aisa dc

SECTION I

Definition of Terms — As used in and for the purpose of these Regulation, the following terms and phrases shall have the corresponding meanings:

1. Initial Environmental Examination (IEE) — is a preliminary study of the reasonably foreseeable effects of a proposed action on the human environment. It provides the basis for a decision as to whether an Environmental Impact Statement shall be required or not.

2. Environmental Impact Statement (EIS) — is a document which aims to identify, predict, interpret and communicate information regarding he changes in environmental quality associated with a proposed project and which examines the range of alternatives for the objectives of the proposal and their impact on the environment.

3. Expansion of Mining Operations — the construction of a separate mill and/or the extraction of ore in a separate area.

SECTION II

The following are required to submit an Initial Environmental Examination and/or Environmental Impact Statements:

1. Initial Environmental Examination (IEE)

(a) Operators/holders of mining claims upon the filing of mining lease applications therefor;

(b) Applicants for quarry permit/licenses at the time of the filing of applications therefor; and

(c) Applicants for industrial, commercial, gratuitous and foreshore permits upon the filing of the applications therefor.

2. Environmental Impact Statements (EIS)

(a) Applicants for quarry permits/licenses before the issuance of the permits/licenses therefor, if found necessary after the evaluation of their Initial Environmental Examination.

(b) Applicants for industrial permits before the issuance of the industrial/special permits thereof, if found necessary after the evaluation of their Initial Environmental Examination.

(c) Operators/holders of mining claims before the issuance of the mining lease contract thereof, if found necessary after the evaluation of their Initial Environmental Examination.

SECTION III

1. Operators/holders of mining properties applying with the Board of Investments for incentives shall file their Initial Environmental Examination and Environmental Impact Statement to said agency.

2. The IEE and EIS that shall be submitted to the Bureau of Mines for processing shall cover mining/quarrying and milling operations.

3. The approval of the EIS of a mining project involving milling operations shall be subject to the approval of its tailings disposal system.

4. The Mineral Reservation Development Board shall prepare an IEE and/or EIS involving areas within the mineral reservations depending on the nature of the mining activity undertaken thereon and as may be warranted by existing circumstances. Operations of mineral reservation are under obligation to prepare an IEE and/or EIS embracing areas operated by them.

5. In the preparation and processing of the Initial Environmental Examination and Environmental Impact Statements, the guidelines set forth by the National Environmental Protection Council shall be followed/adopted.

6. The evaluation of the Initial Environmental Examination or Environmental Impact Statements shall be conducted by a Review Committee composed of the Chief Mining Engineer as Chairman; the Chief, Mines Environmental Control Section; the Chief of Legal Officer, the Chief of Metallurgist, and the Chief, Mines Safety Section as members. Any personnel under this Bureau with the necessary know-how may also be called upon the deliberate on the submitted IEE and EIS.

7. In the event that an ocular inspection and verification of the submitted Environmental Impact Statements should be necessary, the project proponent shall shoulder all expenses relative thereto. In this regard, he shall pay to the Bureau of Mines an amount of P150.00 per man per day, but in no case shall the minimum charge be less than P1,200.00. In addition, he shall also defray the cost of transportation, as well as the expenses for photographs, maps, plans and other requirements that may be needed in the preparation of the verification report.

SECTION IV

1. Separability Clause. — If any clause, sentence, provision or Section of these Regulations shall be held invalid or unconstitutional, the remaining parts of these Regulations shall not be affected thereby.

SECTION V

1. Repealing Clause. — All orders, rules and regulations inconsistent with or contrary to the provisions of these Regulations are hereby repealed or modified accordingly.

SECTION VI

1. Effectivity. — These Regulations shall take effect upon approval.

APPROVED: October 5, 1978

 

(SGD.) JOSE J. LEIDO, JR.Minister

RECOMMENDED BY:

 

(SGD.) JUANITO C. FERNANDEZDirector of Mines