By ALFREDO P
HERNANDEZ
MWBuzz Editor
JOSE
Panganiban Mayor Ricarte Padilla has appealed to Malacanang to grant mineral-host
municipalities across the country regulatory powers over large and small-scale
mining operations in their areas.
Ricarte made the appeal in a recent letter to Executive
Secretary Paquito N Ochoa, Jr, in which he pointed out that most of the mining
activities are “conducted in municipalities and rarely in cities”.
“This is the said reality, but how come we cannot regulate
their (miners) operations?” he told MWBuzz in a recent interview regarding the
issue.
The mayor stressed in his letter that there has never been a
regulatory unit called Municipal Mining Regulatory Board (MMRB), although a
draft Executive Order (EO) mandates the “constitution and/or operationalization
of the Provincial and/or City Mining Regulatory Board within three months from
the effectivity of the order”.
The draft EO which is entitled “Upgrading Environmental
Standards and Increasing Government Revenues in Mining” was prepared by the
Office of the Secretary.
Ricarte said his office was “perplexed as to the wisdom of
the provision in the EO” because mine sites are situated in municipalities.
However, in the said EO, “there is no such thing as the
Municipal Mining Regulatory Board (MMRB) being created”, he said.
“While we understood that regulatory control and issuance of
small-scale mining permits are vested in the mandated PMRB in such case that
mining areas are situated in municipalities, why can’t there be an MMRB?”
Under the national mining law, the Department Environment and
Natural Resources (DENR), the Environment Management Bureau (EMB) and the Mines
and Geosciences Bureau (MGB) are tasked with the issuance of large and
small-scale mining permits with full corresponding regulatory functions and
control over mining activities.
And very soon, under the draft EO, provincial and city
governments would be given similar regulatory powers.
On this, Ricarte said this practice “is self-defeating for
municipalities concerned”.
He pointed out that mining is predominantly conducted in
municipalities and its ill-effects will be felt by the host municipality in the
years to come.
“We believe that the municipality, as host of mining
activity, can exercise much proper due diligence processes in determining the
capability of a mining applicant to fully observe environmental protection and
socio-economic interventions within the areas affected by their operations.
“Moreover, with the local chief executive (LCEs)of host
municipality sitting as regular member of the PMRB, the issues on
infrastructure dilapidation caused by the passage of heavy equipment by mining
operators could be fully addressed.”
Ricarte said that if an MMRB would not be allowed to exist
under the law, “we propose to make it compulsory for the local chief executive
(mayor) to have a seat in the PMRB as a form of installing check and balance in
the processing of small-scale mining permits.
He also proposed that LCEs be given the power to constitute a
“municipal mining regulatory council”, which shall be tasked to closely monitor
compliance of small and large-scale mining operations within their areas of
jurisdiction.
Padilla said this will be carried out in close coordination
with the DENR, PMRB and other government agencies concerned.
Email the writer: ahernandez@thenational.com.pg and alfredophernandez@y7mail.com
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