Stressing that the government adheres only to responsible mining, Environment and Natural Resources Secretary Angelo T. Reyes on Tuesday reiterated that small-scale mining operations are not excused from complying with the environmental, safety and health, and social provisions of the Mining Act of 1995.

Reyes issued the statement as he announced the issuance of the clarificatory guidelines that should finally put to rest all issues and misconceptions on small-scale mining operations.

"We want to ensure that in any case, our people would benefit from the extraction of our minerals whether through small, medium or large-scale operation, while their health and safety are taken care of, and our environment protected," the DENR chief said.

Reyes issued the guidelines last week to all concerned DENR officials and offices including all Provincial/City Mining Regulatory Boards (P/CMRB), a body created under Republic Act (RA) No. 7076 otherwise known as The Act Creating a People's Small-scale Mining Program to implement the said Act and another law on small-scale mining, Presidential Decree (PD) No. 1899 that established Small-scale Mining as a New Dimension in Mineral Development.

He said that aside from those of RA 7076, and PD 1899, small-scale mining permit holders and contractors must submit to the environmental, safety and health and social provisions of the Mining Act of 1995.

As such, Reyes said small-scale miners are required to secure environmental compliance certificate (ECC) from the regional offices of the DENR's Environmental Management Bureau and submit a potential environmental impact report (PEIR), a final mine rehabilitation/decommissioning plan, and a community cevelopment and management program (CDMP) duly approved by DENR's Mines and Geosciences Bureau. A PEIR is a simplified Environmental Protection and Enhancement Program, while the CDMP is a simplified Social Development Management Program, both of which are basic requirements to medium- and large-scale mining contractors under the Mining Act of 1995.

Combating unscrupulous small-scale miners
Reyes also laid emphasis on the definition of small-scale mining as provided for in both RA 7076 and PD 1899, which should protect the government from unscrupulous entities that pose as small-scale miners while, in fact, conducting large-scale mining operations.

"Our laws are clear: small-scale mining refers to largely artisanal mining operations with heavy reliance on manual labor and without the use of explosives," he said.
In terms of production, he stressed, the maximum annual production allowed for metallic minerals shall be 50,000 dry metric tons (DMT) of "ore, not the metal itself." For non-metallic minerals, the allowed maximum annual production is 50,000 DMT of the material itself. In terms of area, mining permit holders and contractors are only allowed a maximum of 20 hectares per permit or contract area.

"The DENR would be very strict on these provisions along with environmental requirements," Reyes warned. "Only applications with ECC conforming with the provisions of RA 7076 and PD 1899 especially with respect to the limit of 50,000 dry metric tons, and the area limit of 20 hectares per permit or contract area, shall be allowed to mine on a small-scale basis. Indiscriminate small-scale mining operation must be stopped."

It can be recalled that the definition of maximum annual production has been a point of debate recently with DENR field offices reporting that some small-scale mining permit holders and contractors have been producing in excess of the 50,000 DMT annual limit for metallic minerals. The Department has suspended the operations of these companies.

There is also a widespread observation that indiscriminate small-scale mining operations are dragging the large-scale mining industry sector into the controversy on the environmental impacts of mining.

The government recognizes the important role of small-scale mining in the economy particularly in providing livelihood in the countryside.

Mines and Geosciences Bureau records show that of the PhP68.4 billion gross production value in mining in 2006, over PhP28.1 billion or about 41% came from small-scale gold mining alone.

It is estimated that there are over 2,000 approved small-scale mining permits all over the country, involving and benefiting about 200,000 people including miners and their families.

July 10, 2007