| |
| |
MGB
reiterates position on Biak-na-Bato |
|
|
|
The
following is in response to the article
“DENR cancelled expired quarry permits—Bulacan exec,”
which appeared on the Philippine Star (page A-22) on 16 July 2006,
and to the letter to the editor sent by Ms. Ma. Gladys C. Sta. Rita,
Administrator of the Province of Bulacan, which appeared on the
Philippine Daily Inquirer on 17 July 2006. |
|
|
|
The
Mines and Geosciences Bureau wishes to reiterate the following in
connection with various issues raised by the provincial government
of Bulacan concerning the Department of Environment and Natural
Resources's recent decision on mining in Biak-na-Bato:
- In
the case of the Biak-na-Bato Mineral Reservation, Proclamation
No. 401 clearly provides that said Mineral Reservation along
with the Biak-na-Bato National Park, Watershed Forest Reserve
and Forest Reserve shall be under the direct control and administration
of the Secretary. Section 5 of the Philippine Mining Act of
1995 also clearly provides that “Mining operations in
existing mineral reservations and such other reservations as
may thereafter be established, shall be undertaken by the Department
or through a contractor.” Section 15 of the implementing
rules and regulations of the Mining Act further provides that
Government Reservations are closed to mining applications unless
prior written clearance by the agency concerned is secured.
- The
Provincial Governor has no authority to issue a quarry permit
inside watershed forest reserves, since these areas are closed
to mining applications.
- The
Biak-na-Bato Watershed Forest Reserve is closed to mining, pursuant
to the provisions of Section 15.a.2 of the implementing rules
and regulations of the Mining Act, to quote:
“xxx.
The following areas are closed to mining applications: xxx; 2.
Old growth or virgin forests, proclaimed watershed forest reserves,
wilderness areas, mangrove forests, tree parks, xxx.” Thus,
no mining or quarrying permit can be legally issued in said Forest
Reserve.
-
The
Provincial Mining Regulatory Board or PMRB is a body that is
functionally within the jurisdiction of the Office of the Provincial
Governor. It has the main function of evaluating and recommending
to the Provincial Governor applications for quarry permit, among
other permits that are within the authority of the Provincial
Governor. In effect, while the Regional Director of the Mines
and Geosciences Bureau acts as Chairman of the Board, his actions
are all within the direct control and supervision of the Provincial
Governor.
- The
cancellation of quarry permits issued by the Provincial Governor
in the Biak-na-Bato Mineral Reservation and Watershed Forest
Reserve is very relevant to the suspension of the quarrying
operation of Rosemoor Mining and Development Corporation. Governor
de la Cruz must remember that the bigger issue is the impact
of all quarrying operations to the Biak-na-Bato area. This is
not solely Rosemoor’s undoing. Any quarry permit issued
in the area has an impact on the Biak-na-Bato area.
- As
to a separate statement by the Provincial Administrator saying
that the Provincial Governor is authorized to issue Environmental
Compliance Certificates pursuant to DENR Adm. Order No. 30,
s. 1992: The Province of Bulacan gravely erred in this. DENR
Adm. Order No. 30, s. 1992, devolved the issuances of ECCs only
under Kalakalan 20, a government program that has long been
terminated. At the moment, only the President, DENR Secretary
and Environmental Management Bureau Regional Director possess
the authority to issue ECCs.
HORACIO
C. RAMOS
Director
28
July 2006 |
|
