Td燎樫識き B:青発 - Mines and Geosciences Bureaumgb.gov.ph/images/stories/DAO_2015-07.pdf · Department of EIIvironment alld ... Article II of the 1987 philippine Constitution

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Department of EIIvironment alld Natural Resources

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ADMINISTRATIVE ORDERNo.2015‐

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SUBJECT: Mandating rtCining contnctors to Secure ISO14001 Certincation

UII{EREAS, Section 16, Article II of the 1987 philippineConstitution provides that the State shall protect and advance the rightof the people to a balanced and healthful ecologr in accord with therhythm and harmony of nature;

WHEREAS, Section 2, Article XII of the Philippine Constitutionprovides that the exploration, development and utilization of mineralresources shall be under the full control and supervision of the State;

WHEREAS, the Philippines is a countr5z rich in both biodiversityand mineral resources that should be utilized for the benefit of theF ilipino people;

WHEREAS, Section 2 of Republic Act No. 7942, tine philippineMining Act of 1995, provides that it shall be tJre responsibility of theState to promote the rational exploration, development, utilization andconservation of the country's mineral resources through tlle combinedefforts of Government and the private sector in order to enhancenational growth in a way that effectively safeguards the environmentand protect the rights of affected communities;

WIIEREAS, Executive Order (EO) No. 192 mandates theDepartment of Environment and Natural Resources (DENR) to be theprimary government agency responsible for the conservation,management, development and proper use of the countr5z's environmentand natural resources, specifically forest and grazrng lands, mineralresources, including those in reservation and watershed areas, andlands of the public domain, as well as the licensing and regulation of allnatural resources as may be provided for by law in order to ensureequitable sharing of the benefits derived therefrom for the welfare of thepresent and future generations of Filipinos;

UIIEREAS, EO No. 79 in re: Ir*titutionali.zing artd ImplementingReform.s in the Philippine Minirq Sector Prouidirq Poticies and Guidelinesto Ensure Enuironmentol Protection and Responsible Mining in tlrc

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Utilization of Mineral Resources, requires the DENR to ensure thatenvironmental standards in mining, as prescribed by the various miningand environmental laws, rules and regulations, shall be fully and stricflyenforced;

WHEREAS, Section 3 of EO No. 79 requires t1lat .To ensurecompliance with environmental standards, laws, rules and regulations,and to rationalize the management and utilization of minerals towardssustainable development, a multi-stakeholder team led by the DENRshall conduct a review of the performance of existing operations...;"

WHEREAS, the extractive nature of mining necessitates a greaterdegree of standards to ensure that any adverse impact on theenvironment is properly remediated in accordance with the norms ofResponsible Mining;

WHEREAS, there is a necessity to develop strategies and policiesto reduce mining fugitive and greenhouse gas emissions as a climatechange mitigation action;

WIIEREAS, the International Organization for Standardization(ISO) provides for a standard environmental system resulting from theUnited Nations Conference on Environment and Development or EarthSummit on the Environment held in Rio de Janeiro, Brazil in 1992,which draws out an effective framework to achieve improvement inenvironmental performance and compliance with the internationalacceptable standards;

WIIEREAS, the requirement for mining contractors to undergoISO Certification will help achieve sustainable growth by thedevelopment of an effective environmental management system;

NOW, THEREFORE, the foregoing premises considered, toinstitutionalize an environmental management system that shall ensuretJle adherence of local mining operations to international standards asa measure of Responsible Mining in the countqr, all mining contractorsare mandated to secure ISO 14001 Certification in accordance with thefollowing guidelines for the compliance of all concerned:

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Sectlon 1. Coverage

All holders of vaiid and existing Mineral Agreement (MA) andFinancial or Technical Assistance Agreement (FTAA) that are in theOperating Period shall be covered by this Administrative Order.

Sectlon 2. Effectlve Date

Each of the above holders of MA and FTAA engaged in metallicmining operations sha-ll secure the ISO 14001 Certification within one(1) year from the date of this Administrative Order.

In the case of an MA or FTAA holder who is filing a Declaration ofMining Project Feasibility (DMPF) for metallic mineral, the ISO 14001Certilication shall be secured within one (1) year from receipt of theorder approving the said DMPF.

MA and FTAA holders engaged in non-metallic mining operationsmay, at their option, secure the ISO 14001 Certification within the sameone (1) year period after the effectivity of this Administrative Order:Provided, That t1:e mandatory compliance with tJle Certification shall beimposed thereafter under a deadline to be set at the appropriate time.

Section 3. Llabilltles

The failure by the mining contractor concerned to comply with ormaintain the ISO 14001 Certification shall cause the suspension of thepertinent Environmental Complialce Certi{icate (ECC) and non-issuance of Ore Transport and/or Mineral Export Permit until such timetl'rat the said Certification is secured.

Section 4. Review of Brlstlng Mlning Operatlons

The DENR shall undertake a periodic review of the miningoperations of all holders of MA and FTAA in the Operating Period, toensure that they are compliant with the environmental standards, laws,rules and regulations, including the conditionalities of their ECCs andEnvironmental Protection and Enhancement Programs.

For the above purpose, an assessment team shall be created, tobe composed of technical experts from the DENR and other governmentagencies concerned. It shall have the mandate of undertaking the field

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assessment of the mining operations as part of the review andsubmitting the pertinent reports with recommendations to the DENR.

Section 5. Repeallng Clause

If any provision of this Administrative Order is declaredunconstitutional or invalid by a competent court, other sections orprovisions hereof which are not affected thereby shall continue to be infull force and in effect as if the provisions / sections so cancelled hadnever been incorporated herein.

Sectlon 6. Effecttvtty

This Administrative Order shall take effect fifteen (15) days afterpublication in a newspaper of general circulation and fifteen (15) daysafter registration with the Office of the National Administrative Register.

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Recommending Approval:

L,'.Fr,,tLEO L..'ASAREITODirector, Mines and Geosciences Bureau

, Department of Environment andNatural Resources and

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OⅣ J.P.PAJE

Concurrent Director, Environmental Management Bureau

Secretary

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