Republic of the Philippines Department of Environment and Natural Resources Visayas Avenue, Diliman, Quezon City ————— Tel. Nos, (632) 929-66-26 to 29 © (632) 929-62-52 SS Website: http:/www.denr.gov.ph / E-mail: [email protected] DEC 23.2021 DENR ADMINISTRATIVE ORDER ‘No, 2021 - _40 SUBJECT: LIFTING OF THE BAN ON THE OPEN PIT METHOD OF MINING FOR COPPER, GOLD, SILVER AND COMPLEX ORES IN THE COUNTRY UNDER DENR ADMINISTRATIVE ORDER NO. 2017-10, AND PROVIDING FOR ADDITIONAL — ENHANCED PARAMETERS AND CRITERIA FOR SURFACE MINING METHODS Pursuant to Republic Act (RA) No. 7942, otherwise known as the “Philippine Mining Act of 1995,” Department of Environment and Natural Resources (DENR) Administrative Order (DAO) No. 2010-21, the Implementing Rules and Regulations of RA No. 7942, and the Joint Memorandum for the President from the Department of Finance and DENR dated September 26, 2020 on the Revitalization of the Mineral Resource Industry as One Measure to Achieve Economic Growth Amidst the Crisis Caused by the COVID-19 Pandemic, the following are hereby promulgated for the guidance and compliance of all concerned: SECTION 1. Basic Policy. Itis the policy of the State to promote the rational exploration, development, utilization and conservation of mineral resources in the country under the fall control and supervision of the State in order to enhance national growth in a way that effectively safeguards the environment and protect the rights of affected communities. SECTION 2. Rationale. This Order is issued in consideration of the following: 2.1 Open pit mining method is a globally-accepted method of mining, considered to be the most feasible option for mining near-surface or shallow ore deposits; 2.2 Not all open pit mines produce acid rock drainage (ARDYacidic contaminants; 2.3. There are best-practice control strategies and technologies that can help avoid or manage the negative impacts of open pit mining; 24 There are existing policies/laws that designate areas that are not allowed for mining (e.g., protected areas, critical watershed, ancestral lands and prime agricultural lands); 2.5 Major issues conceming mining including open pit mining cannot be attributed to the use of the method itself, but rather on the accidents involving ‘wastes and tailings confinement; 2.6 Progressive rehabilitation of mined out areas is now being practiced to restore vegetative cover and reduce adverse impacts on the environment; 2.7. Joint Regional Assessment Reports of Mines and Geosciences Bureau (MGB), Environmental Management Bureau (EMB) and DENR Provincial Environment and Natural Resources Office/Community Environment and Natural Resources Office found the surface metallic mines compliant with28 SECTION 3. Objectives. objectives: 3 32 the mining and environmental rules and regulations and were implementing sound progressive and final mine rehabilitation in accordance with the approved Works Programs and conditions of the Environmental Compliance Certificate; and Continuing the ban on open-pit mining may result in loss of economic opportunity. Order is issued for the attainment of the following To revitalize the mining industry and usher in significant economic benefits to the country by providing raw materials for the construction and development of other industries and by increasing employment opportunities in rural areas where there are mining activities thereby stimulating countryside development; To establish enhanced parameters and criteria for the types of surface mining methods under the Declaration of Mining Project Feasibility (DMPF) to address the environmental and safety issues of surface mining methods particularly with open pit mining. SECTION 4, Seope and Coverage. This Order shall cover all mining tenement holders that will adopt surface mining method including open pit in their operations. SECTION 5. Definition of Terms. As used in and for purposes of this Order, the following ‘terms shall mean: SA 52 53 54 55 36 57 Bench Mining - a surface mining method in which a layer of usable product or overburden at the surface of the earth is mined by cutting the layer into a plurality of separate levels or benches, each separated from the next in height by a substantially vertical cut line. This enables cutting to be carried out at each bench line or cut line by suitable equipment simultaneously with the cut ‘material being transported from the mine on conveyers or trucks. Hydrogeology - study that focuses on the movement of subsurface awater that occurs beneth a water table in soil and rocks, or in geological formations. Hydrology - a science dealing with the properties, distribution, storage, and circulation of water on the earth's surface and in the atmosphere. Mining Industry Coordinating Council — a council created in order to institutionalize and implement reforms in the Philippine mining sector pursuant to Executive Order (EO) No. 79 s. 2012 and its Implementing Rules and Regulations (IRR). Mining Tenement - any tenurial instrument providing mining rights, such as Exploration Permit, Mineral Agreements, Financial or Technical Assistance ‘Agreement, Mining Patents, and Special Mines Permit. Open-cast Mining - a surface mining method used mainly for coal and other bedded deposits. The overburden is not transported to waste dumps for disposal, but cast directly into adjacent mined-out panels. Open Pit Mining - the process of mining any near-surface deposit by means ofa surface pit excavated using one or more horizontal benches.5.8 Quamying - the process of extracting, removing and disposing quarry resources found on or underneath the surface of public and private land. 5.9 Strip or Contour Mining - the extraction of mineral deposits lying near the surface of the earth by means of removing the overburden above the deposits {in rows or strips, and where the extraction process is normally moved from place to place and does not involve the extraction of minerals at the same location over a substantial period of time. 5.10. Surface mining method — is the extraction of ore or stone at the surface with ‘essentially no exposure of miners underground. SECTION 6. Lifting of the Ban on Open Pit Method of Mining. This Order shall hereby lift the ban on the use of the open pit method of mining for the extraction of copper, gold, silver and/or complex ores in the country as provided under the DAO No. 2017-10. SECTION 7. Types of Surface Mining Methods. The following are the surface mining methods that are commonly used in the metallic and non-metallic mining industries in the Philippines, with their schematic illustrations depicted in Annex 1: 7.1, Open Pit Mining 72. Bench Mining 7.3. Open-cast Mining 7.4. Strip or Contour Mining 7.5. Quarrying ‘The enumerated list of surface mining methods herein is not exclusive. Other alternative mining methods which pass the parameters and criteria stated in Annex 2 hereof may be used or applied, subject to review and approval of the MGB. SECTION 8, Conditionalities and Requirements for Open Pit Method of Mining. The mining tenement holder shall be required to conduct baseline information gathering and evaluation, and incorporate the same in the Mining Project Feasibility Study and the appropriate Work Programs, which shall be the basis of the MGB to determine if the proposed mining project has satisfied the following: 8.1 ‘That the use of surface mining method shall not pose possible hazard to public health and safety resulting from ground failure or physical deterioration; 8.2. That it shall not release hazardous chemicals into the environment, or the proponent has presented proven and acceptable techniques to contro! the same ‘through intemationally accepted containment, collection, and treatment methods that will outlive the life of the mine, including its complete decommissioning. Thus, the mining operation shall be able to: a. Prevent the generation or acceleration of acid rock drainage and other heavy metals that may contaminate land and water bodies; b, Reduce the use of freshwater resources and avoid/mitigate the disruption of the water table; and ©, Reduce the risk of perpetual maintenance/liability associated with the surface mining method to be used 8.3 That the proponent has adequate information to conduct a comprehensive stakeholders’ involvement process to ensure that all interests and concerns are considered, and has social acceptability of its project since the commencement of the exploration activities;8.4 That the proponent has submitted and presented appropriate program/s for surface and subsurface slope-stability monitoring of potential slope failures, and has assured the mitigation of the effects thereof, and the safety of the personnel, community/ics, infrastructures and equipment; and 8.5. That the proponent has accumulated sufficient geological data to conduct proper and accurate assessment of local geology, rock mass characteristics, hydrogeology and surface hydrology. The implementation by the mining tenement holder of the necessary measures to meet these conditions shall be subject to the quarterly and/or annual monitoring by the MGB Regional Office concemed. SECTION 9. Creation of Oversight Committee. An Oversight Committee for the assessment of surface mining in the Philippines shall be created. It shall be composed of the following: Chair - Undersecretary for Field Operations and Environment Co-Chair - Undersecretary for Attached Agencies, Mining and Muslim Affairs Members + Director, MGB Director, EMB Director, Environmental Law Enforcement and Protection Service ‘The Oversight Committee shall have the following functions: 1. Review the performance of existing mining operations; 2. Ensure compliance of mining operations with environmental standards, laws, rules and regulations and to rationalize the management and utilization of minerals toward sustainable development; 3. Set the polices and parameters for the regular joint assessment of surface mining in the Philippines; and 4, Enforce laws, rules and regulations in case of violations committed by the mining companies. SECTION 10. Separability Clause. If any provision of this Order shall be held invalid or unconstitutional, the other portions or provisions hereof which are not affected shall continue in full force and effect. SECTION 11. Repealing Clause. All Orders, Memoranda and Circulars inconsistent herewith are hereby revoked or amended accordingly. SECTION 12. Transitory Provision. All mining tenement holders with pending DMPF/Mining Project Feasibility Study/Work Program, whichever is applicable, that will adopt surface mining method, including open pit, in their operations shall be required to comply with the pertinent provisions of this Order. SECTION 13. Effectivity. This Order shall take effect fifteen (15) days after its publication in a newspaper of general circulation and upon acknowledgment of the receipt of the copy thereof by the Office of the National Administrative Register. —<—<—<$——. ROY A. ‘dmaro Secretary