Calo, Aimee N.

LLB-I February 27, 2017

A. General Environmental Requirements 1. Environmental Plans and Programs

SPKR 1: Hello and good day to all of those who are listening to our special radio segment, Cloud 9.
Today, we will be talking about one of the recent topics that weve been hearing a lot lately in the news,
Mining. Now, before we proceed to our discussion let me introduce guest SPKR 2. Hello, SPKR2! How
are you?

SPKR 2: Hello, SPKR 1! Im actually doing great and so excited and ready to talk about our topic for
today.

SPKR 1: Can you tell us what our topic will be about?

SPKR 2: Of course, our topic will be about on how we legally respond to the impacts of mining
specifically through its Environmental Plans and Programs.

SPKR 1: Correct. Now, we all know what mining is, since it is one of the richest industries and great
contributors to our economic growth during the Spanish occupation and until now. However, such
economic growth gave us a wrecked ecosystem. It gave not only environmental destruction but also
destruction among the lives of people, specifically those people who are part of the indigenous people
and indigenous cultural communities. Do you agree?

SPKR 2: I agree. You know, I find it really sad that only a few individuals could hardly notice the negative
impacts that we have cause to our mother nature, not until when they are really able to see it with their
own eyes or experienced it within their own surroundings. Fortunately, a system was established for the
good of our environment; to solve environmental issues that were caused by several industries like
mining.

SPKR 1: Yes, it is very nice to actually know that at least an effort was made by making all of the
environmental-related acts and provisions; and, of course, we cannot deny the fact that there will
always be gaps and weaknesses but at least we know that, by making all these laws and policies, our
government is doing their best to protect our environment. Can you please share to us one act or
provision that is being used to protect our environment?

SPKR 2: Of course. Now, since our topic for today is all about mining; we will be discussing about
Republic Act No. 7942 also known as the Mining Act, which was made in dedication for the Safety
and Environment Protection. This act was based on our 1987 Philippine Constitution wherein our State
is given the authority to protect and recognize our environment no less than any civil or political right
for the peoples right to have a balanced and healthful ecology.

SPKR 1: When you say to protect and recognize our environment, this means that our State is
really authorized to administer and regulate the conservation, management, development, and proper
use of our environment; when you say no less than any civil or political right, this means that it is a
mandate to legislate the limits of forest lands and national parks for the purpose of conserving them,
and to provide for the prohibition of logging in endangered forests and watershed areas; and lastly,
when you say for the peoples right to have a balanced and healthful ecology, this means that the
basis of our environmental remedy would be the actual or potential victims of environmental damage.
With all these responsibilities, how will the Mining Act be able to accomplish them?

SPKR 2: The Mining Act will be able to accomplish them by following the aims of the General
Environmental Requirements of the said Act. These aims are:
 1. Sustainable environmental conditions at every stage of mining operations;
2. Progressive rehabilitation of all areas and sites affected by mining operations;
3. Preservation of freshwater and seawater quality and natural marine habitats;
4. Prevention of air and noise pollution; and
5. Respect for sustainable management practices of indigenous cultural communities and other
communities.

SPKR 1: You mentioned General Environmental Requirements of the Mining Act. I am pretty sure that
many are curious about this since these are the requirements that need to be followed by our fellow
miners. Can you please tell us what are these General Environmental Requirements are?

SPKR 2: Yes, I can. Well, the Mining Act has three (3) General Environmental Requirements, and those
are:
1. Environmental Plans and Programs;
2. Environmental Funds and Fund Steering Committees; and
3. Miscellaneous Provisions.

SPKR 1: Earlier, you told us that our topic for today is Environmental Plans and Programs, which you
mentioned it to be as one of the General Environmental Requirements. Since you finally mentioned it
again, lets start discussing about it. Now, what is Environmental Plans and Programs?

SPKR 2: Environmental Plans and Programs is an environmental program which needs to be carried out
by miners before, during and after their mining activities. It provides three (3) different programs:
1. Environmental Work Program (EWP);
2. Environmental Protection and Enhancement Program (EPEP); and
3. Annual Environmental Protection and Enhancement Program (AEPEP).

SPKR 1: Oh, so under the Environmental Plans and Programs is a set of three (3) different kinds of
programs. Is it necessary for the miners to comply all three (3) programs?

SPKR 2: Yes, it is necessary for the miners to comply all three (3) programs because these are all
required by the Mining Act and the Implementing Rules and Regulations.

SPKR 1: Okay, so please discuss each one of the programs for our listeners to know and learn more
about it.

SPKR 2: First we have the Environmental Work Program (EWP), a program that requires miners to
submit their mining application together with their report and proposed detailed environmental impact
control and rehabilitation activities and their cost, so that funds may be allocated for their conduct.

SPKR 1: The funds that will be used for the environmental rehabilitation would be the funds from the
Mine Rehabilitation Fund (MRF) of the Department of Environment and Natural Resources (DENR)
which was established and maintained by each operating Contractor or Permit Holder as their
environmental deposit for the availability of funds for physical and social rehabilitation of affected areas
and communities. Lets proceed to the second one.

SPKR 2: Second we have the Environmental Protection and Enhancement Program (EPEP), a program
which will be used throughout the development and operation of the mining based on the
Environmental Compliance Certificate (ECC). A Final Mine Rehabilitation or Decommissioning Plan (FMR
or DP) shall be used to address all areas that were affected by mining for their decommissioning,
rehabilitation, maintenance, and monitoring. This shall be submitted upon the receipt of the
Environmental Compliance Certificate (ECC), subject to the approval of the Mine Rehabilitation Fund
(MRF) and Contingent Liability and Rehabilitation Fund (CLRF) Steering Committees; and also, a copy of
the approved program must then be provided to the concerned Local Government Unit.

SPKR 1: Earlier, the Mine Rehabilitation Fund (MRF) was mentioned to be involved in the funds of the
Environmental Work Program (EWP). Now, we have Contingent Liability Rehabilitation Fund (CLRF)
which was established to guarantee that there will be a just and timely compensation for damages and
progressive and sustainable rehabilitation for any adverse effect a mining operation or activity may
cause. Lets proceed to the last one.

SPKR 2: Lastly, we have the Annual Environmental Protection and Enhancement Program (AEPEP), a
program which is based on the implemented Environmental Protection and Enhancement Program
(EPEP). It includes provisions that are in line with mining and environmental rehabilitation activities.

SPKR 1: So, those are all the three (3) programs that are required by the Mining Act but following all
three (3) programs, dont you think that its quite a hassle for an industry, like mining, to follow those?
Because, as what you have discussed, each program consist different kinds of procedures, so how does
the government make sure that all of these are being complied?

SPKR 2: Well, a Multipartite Monitoring Team (MMT) was formed to monitor the compliance of the
Environmental Protection and Enhancement Program (EPEP) and Annual Environmental Protection and
Enhancement Program (AEPEP), and also to check the environmental performance for at least on a
quarterly basis. They may also seek technical assistance from the Mine Rehabilitation Fund (MRF)
Committee, to whom they shall submit their status reports or monitoring activities; and also a copy
thereof to be submitted to the Contingent Liability Rehabilitation Fund (CLRF) Steering Committee.

SPKR 1: It is a good thing that such a team was formed because like what was mentioned earlier, acts
and provisions will always have their gaps and weaknesses. Going further, as we all know, every
beginning has an end. The same goes with mining industries, they cannot avoid the fact that someday
the area that they occupied will no longer be of used to them, and as a result they have to end it. So,
whenever a mining industry closes, what will happen to its mining area?

SPKR 2: Since, it cannot be denied that mining made such adverse effects to our environment; whenever
a mining industry closes, environmental rehabilitation begins; and once the said rehabilitation is done,
the mining industry will be required to submit a Final Rehabilitation Report with third party
Environmental Audit (FRR with EA) which is to be pre-evaluated by the Mine Rehabilitation Fund (MRF)
Committee. If this is approved, the miners will be given a Certificate of Final Relinquishment to free
them from further obligations related to the rehabilitated mine areas; but if it needs residual care, they
shall be required to submit a corresponding Site Management Plan to cover areas that still needs
rehabilitation.

SPKR 1: Talking about environmental rehabilitation, the funds used are from the Mine Rehabilitation
Fund (MRF) of Department of Environment and Natural Resources where the mining industries deposit
for future physical and social rehabilitation of areas and communities affected by mining activities. Lets
say that there is an excess or shortage of funds, what will the mining industry do?

SPKR 2: Whenever a mining industry has remaining amounts for the environmental rehabilitation, it
shall be returned to the Contractor or Permit Holder; but if there be any shortages, the mining industry
shall be liable.
SPKR 1: Thank you very much SPKR 2 for sharing all these information to us. Before we end the program,
I would like to ask one more question. What can you say about the impacts of mining?

SPKR 2: The only thing that I can say about the impacts of mining is that, many people, mainly the
indigenous people and indigenous cultural communities, have suffered due to other peoples selfishness
and greed. Think about it, industries like mining are allowed for a maximum of twenty-five (25) years,
and what is even worse is that they are allowed to extend their for a couple of years; and when the mine
closes, they still have to rehabilitate the environment which would still take years to do. According
Norbert Wiener, The more we get out of the world the less we leave, and in the long run we shall have
to pay our debts at a time that may be very inconvenient for our own survival. We may be enjoying
ourselves right now by taking nature for granted; soon, without a doubt, nature will fight back at the
time when we only have less due to our never-ending consumption.

SPKR 1: Again, thank you SPKR 2 for joining with us today; and also, thank you to all our listeners, we
hope that all of you have learned something from our talk about the Environmental Plans and
Programs of our Mining Act.