Administrative Order No. 2 of 2015 on the harmonization of the Philippine Environmental Impact System and the Philippine Mining Act of 1995 in relation to Mining Projects

Section 1. Basic Policy. It is the policy of the DENR to address the environmental impacts and safety concerns in the implementation, operation and abandonment/decommissioning/rehabilitation of mining projects.

Section 2. Objective. This Order aims to harmonize compliance, monitoring and reporting systems, and funding mechanisms in accordance with the PEISS and Mining Act requirements.

Section 3. Coverage. This Order shall cover mmmg projects [considered as Environmentally Critical Projects (Group 1 Category)) as defined in the Revised Procedural Manual for DENR Administrative Order (DAD) No. 2003-30 (Implementing Rules and Regulations for the PEI8S).

Section 4. General Provisions. a. The Environmental Compliance Certificate (ECC) and the Environmental Impact Statement (EIS) shall serve as the basis in the preparation of the Environmental Protection and Enhancement Program (EPEP) and Final Mine Rehabilitation/ Decommissioning Plan (FMR/DP). The latter shall be submitted in lieu of the Abandonment Plan as per DAD No. 2003-30. The Abandonment Plan for the ancillary facilities within the mining project area and covered by a separate ECC shall be integrated in the FMR/DP for the mining project. b. A joint fmancial audit of the Mine Rehabilitation Funds (MRFs) and Environmental Trust Funds (ETFs) by the Environmental Management Bureau (EMB) and Mines and Geosciences Bureau (MGB) , using audit guidelines formulated by the same, shall be done periodically. Let's Go Green , , c. The Contingent Liability and Rehabilitation Fund (CLRF) Steering Committee and the MRF Committee (MRFC) under DAO No. 2010- 21 (Providing for a Consolidated Department of Environment and Natural Resources Administrative Order for the Implementing Rules and Regulations of Republic Act No. 7942, otherwise known as the «Philippine Mining Act of 1995' shall be created in lieu of the Environmental Guarantee Fund (EGF) Committee under DAO No. 2003-30. d. The CLRF and the fund allocated for Social Development and Management Program (SDMP), as provided for under DAO No. 2010-21, together with an ETF, shall be established in lieu of the EGF and the Environmental Monitoring Fund (EMF), as provided for under DAO No. 2003-30.

Section 5. Requirements for Mining Companies. a. All proposed mining projects covered by this DAO shall set up CLRFs, ETFs and funds for SDMPs, in lieu of the EGFs and the EMFs, to defray the cost of monitoring, compensation for damages, social development, progressive rehabilitation, and final mine rehabilitation/decommissioning. EGFs and EMFs for ancillary facilities within the mining project area and covered by a separate ECC shall be integrated in the CLRF, ETF and fund for the SDMP for the mining project. b. In compliance with the various environmental laws, rules and regulations, all mining projects shall submit Modules 1 to 6 of the Self-Monitoring Reports (SMRs) to the EMB Regional Office (RO) concerned and Module 7 of the SMRs to the MGB RO concerned quarterly. Said modules are the following: MODULE TITLE 1 General Information 2 RA No. 6969 Compliance Monitoring 3 RA No. 9275 Compliance Monitoring 4 RA No. 8749 Compliance Monitoring 5 PD No. 1586 Compliance Monitoring 6 RA No. 9003 Compliance Monitoring 7 RA No. 7942 Compliance Monitoring 7.a EPEP/FMR/DP Implementation 7.b SDMP Implementation 7.c SHP Implementation For Module 5, the reformatted Compliance Monitoring Report (CMR) based on existing DENR-EMB Guidelines shall be followed, while for Module 7, the CMR following the format attached as "Annex A" shall be followed. ii !! ~ Section 6. Functions of the Multipartite Monitoring Team. The ji ~ iiiiiiIi = Multipartite Monitoring Team (MMT) for a mining project shall be I - I 11 i operationalized in compliance with both DAO Nos. 2003-30 and 2010-21 ile § . and shall be chaired and co-chaired by the EMB RO and MGB RO J!i ~;; representatives, respectively. For this purpose, it shall have the following ". .. =_ ~ Ii r::__ ~... functions: i I! 1.- -. =1 ~ 2 _ _ _ _!II!. _ , , a. Monitor the Proponent's compliance with the conditions stipulated in the ECC, Environmental Management Plan (EMP) and Environmental Monitoring Plan (EMoP), and commitments made in the EIA Report, EPEP, FMR/DP, and SDMP; b. Validate the Proponent's SMRs; c. Submit monitoring/validation reports following the format attached as "Annex B" to the: 1). MRFC; 2). EMB Central Office (CO) semi-annually; and 3). EMB and MOB ROs quarterly; d. Make available monitoring/validation reports to interested stakeholders; e. Receive complaints, gathers relevant information to facilitate determination of validity of complaints or concerns about the project, and transmits to the Proponent concerned, the EMB and MOB ROs, and/or MRFC, as the case may be, the recommended measures to address the complaints, copy furnished the complainant(s); and f. Develop its Manual of Operations (MOO) based on the outline attached as "Annex C" and has it jointly approved by the EMB and MOB ROs concerned, as endorsed by the MRFC. As member of the MMT, the representative of the EMB RO concerned shall lead in the monitoring of compliance with various environmental laws, ECC, EMP and EMoP, while the representative of the MOB RO concerned shall lead in the monitoring of compliance with the EPEP/ Annual EPEP and FMR/DP. All other guidelines on MMT operations in the Revised Procedural Manual for DAO No. 2003-30 shall apply to mining projects.

Section 7. Duties and Responsibilities of the MGB Central Office and Regional Offices. The MOB CO and ROs shall: a. Assist the EMB CO and ROs in the implementation of the PEISS as provided for under PO No. 1586, DAO No. 2003-30 and other environmental laws; b. Participate in the scoping process, review and evaluation of the EIA Reports of proposed mining projects by the EIA Review Committee and/or EMB RO concerned and make appropriate recommendations on the technical aspects of the EIA Reports, particularly on mining, geology, metallurgy, mineral processing, and hydrology, among others; c. Initiate and maintain the establishment and operationalization of the CLRF, ETF and SDMP fund, with the EMB CO and ROs regularly updated/informed on the matter; 3 ·' .. .: d. Train EMB CO and ROs personnel in the implementation of mining laws, rules and regulations, as well as in the technical aspects of mining; e. Lead the MMT during the EPEP/ Annual EPEP, FMR/DP and SDMP monitoring; f. Update the EMB CO and ROs about the current policies on the implementation and enforcement of the Mining Act; g. Require the Proponent to remedy any practice connected with mining projects' operations, which is not in accordance with the Mining Act and its implementing rules and regulations. The MOB Director or Regional Director may issue suspension order for a mining operation, in case of illegal mining, exploration and transport of minerals, imminent danger to life or property due to mine accidents and incidents, such as mine fires, cave-ins and rock falls, among others, and other violations of the Mining Act: Provided, That, in cases where the probable violation pertains to their immediate concerns, both the MOB and EMB Directors or Regional Directors shall issue the suspension order; and h. Ensure that the fmdings and recommendations of the MMTs, the EMB CO and its ROs, if warranted, are acted upon.

Section 8. Duties and Responsibilities or the EMS Central Omce and EMB Regional Omces. The EMB CO and EMB ROs shall: a. Enforce in mining projects the different environmental laws, rules and regulations, especially, the PEISS as provided for under PD No. 1586, Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 (RA No. 6969), Ecological Solid Waste Management Act of 2000 (RA No. 9003), Philippine Clean Water Act of 2004 (RA No. 9275), and Philippine Clean Air Act of 1999 (RA No. 8749); b. Train MOB CO and ROs personnel in the implementation of the different environmental laws, rules and regulations, especially, PD No. 1586, RA No. 6969, RA No. 9003, RA No. 9275, and RA No. 8749; c. Update the MOB CO and ROs about the current policies on the implementation and enforcement of the PEISS, environmental standards, and compliance monitoring; d. Ensure that personnel from the MOB CO and RO concerned shall participate in the conduct of scoping, review and evaluation of the EIA Reports of proposed mining projects; e. Participate in the meetings/functions of the CLRF Steering Committee (CLRFSC), MRFCs and MMTs; f. Ensure that the findings and recommendations of the MMTs, the MOB and its ROs, if warranted, are acted upon; 4 ~-- ., , " . ., g. Lead the MMT during the ECC, EMP and EMoP compliance monitoring; and h. Issue Notice of Violation(s), Cease and Desist Order, and/or imposition of fines and penalties upon the Proponent's violation of its ECC and/or the provisions of PD No. 1586, DAO No. 2003-30 and all other environmental laws; and

Section 9. Illegal Mining Operations. In case of an illegal mining operation, the MGB RO concerned shall issue the appropriate stoppage order: Provided, That in the case of mining operations with permits issued by the Local Government Units but without ECC, the EMB RO concerned shall issue the appropriate stoppage order.

Section 10. Incentives. The standardization of incentives for members of the MRFC, MMT, CLRFSC and CLRFSC Technical Working Group shall be provided in a separate guideline.

Section 11. SeparabWty Clause. If any clause, sentence, section or provision of this Order is held or declared to be unconstitutional or invalid by a competent court, the remaining parts hereof shall not be affected thereby.

Section 12. Repeating and Amending Clause. All orders, rules and regulations inconsistent with or contrary to the provisions of this Order are hereby repealed or modified accordingly.

Section 13. Effectivity. This Order shall take effect fifteen (15) days following its complete publication in a newspaper of general circulation and registration with the Office of the National Administrative Register. Recommending Approval: ",..)b.t»f LEO L. JASARENO Director, Mines Geos . s Bureau ~ I~I I I 1111'" III III11111111 /11 SENR039013 /11111 J . LEONES Undersecretary, p e n t of Environment and Natu Resources and Concurrent Dire tor, Environmental Management Bureau hblieati.u: 'ltt.e PJDili"iDe sUr Muelll 16, m, Aelaun,leqeaent: ONAI, lJ.P. lAw Center Marelll 17, 2015 5