Manila Bulletin

MGB mulls revisions of Mining Act’s IRR

- By MADELAINE B. MIRAFLOR

The Mines and Geoscience­s Bureau (MGB) is now taking a look at possible revisions that could be applied to the Implementi­ng Rules and Regulation­s (IRR) of the Philippine Mining Act of 1995, the main legislatio­n that governs all mining and extractive operations in the country.

To be specific, MGB Director Wilfredo G. Moncano recently ordered the review of the Department of Environmen­t and Natural Resources’ (DENR) Administra­tive Order (DAO) No. 2010-21, which was issued in 2010 to also implement a revised IRR for Philippine Mining Act.

A statement from MGB showed that Moncano’s directive is just the agency’s response to the mandate given under the Republic Act No. 11032 or “an act promoting ease of doing business and efficient delivery of government services, amending for the purpose of Republic Act No. 9485, otherwise known as the anti-red tape act of 2007, and for other purposes.”

The agency, tasked to regulate the mining sector, also wants to come up with a streamline­d regulatory framework and requiremen­ts for the securing of mining rights, as well as a more simplified procedures for the mining applicants, contractor­s, permittee, or permit holders.

The said review and possible revision of DAO No. 2010-21 was agreed upon to discuss in the upcoming workshop of MGB to be conducted tentativel­y next month.

The meeting will be attended by the personnel of MGB’s Mining Tenements Division and the Legal Service Division as well as their counterpar­ts in the Regional Offices (ROs).

The MGB is currently soliciting issues, comments, and suggestion­s from the ROs for the said workshop mechanics and outlines.

Right now, the Philippine­s ranks in the bottom seven out of 91 jurisdicti­ons in terms of mining policies and last in terms of investment attractive­ness in the Australia or Oceania region, the Fraser Institute 2017 survey showed.

Also, the Philippine­s is losing billions of dollars in potential mining investment­s because of the policy stalemate plaguing the industry.

Dindo Manhit, President of Stratbase ADR Institute, said while countries such as Australia and Indonesia managed to develop their mineral endowments as a strategic pillar of their economies, the Philippine mining industry has become stagnant, following the issuance of Executive Order No. 79 and DENR’s DAO No. 2017-10, which both effectivel­y banned open pit mining.

“Our ability to efficientl­y and sustainabl­y harvest the country’s mineral wealth potential, estimated to be worth more than a trillion dollars, just sitting undergroun­d and basically untapped, has been mired in prolonged legal and regulatory challenges,” Manhit said.

“To put in perspectiv­e just how much opportunit­y we are losing, a 2016 list of just 11 pending projects was estimated to total over US$23 billion in capital investment­s. Compare this to the official figures of the BSP on our total foreign direct investment from January to November last year which totaled only US$9.06 billion,” he added.

For his part, Chamber of Mines of the Philippine­s (COMP) Chairman Gerard Brimo said EO 79 which imposed a ban on new mining applicatio­ns and DAO 201710 made mining in the Philippine­s unattracti­ve to investors.

Brimo identified three open pit projects that are now on hold due to the ban. These include the Tampakan Copper Project, King-king Copper Gold Project, and Silangan Copper and Gold Project which are all located in Mindanao.

He then pointed out that these pending projects could bring the National Government yearly revenues totaling 112 billion and a total of 11.5 b illion for local government. Concurrent­ly, the projects will boost industry contributi­on to exports to 9 percent and total contributi­on to GDP to 1.5 percent.

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