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‘PH no place for large-scale mining’

‘PH no place for large-scale mining’

By Caroline J. Howard, ANC
Posted at 01/28/2012 9:13 PM | Updated as of 01/29/2012 12:17 AM

 

MANILA, Philippines (UPDATE) – On the heels of an international mining and environmental conference in Davao, environmentalists noted that the Davao del Sur mining declaration would seek a moratorium on mining operations until steps are taken to tighten conditions in the mining sector.

“The International Mining and Environmental Conference in Davao just ended last night. Basically, it proposed a moratorium on mining until all these conditions are tightened up,” said environmental scientist Dr. Robert Goodland on ANC’s “Dateline Philippines” on Saturday.

Goodland specializes in the impact of extractive industries on the environment, poverty and human rights, particularly in conflict zones.

“Make the Environment Department (DENR) into an environmental enforcement agency and let other departments deal with mining licenses, make everybody respect the laws that exist,” added conservation and development consultant Clive Montgomery Wicks.

Vulnerable to disasters

Given the country’s vulnerability to natural calamity, Goodland and Wicks said the Philippines is no place for large-scale mining. They said there is no such thing as responsible mining in the Philippines, more so amid the high risk of seismic activity.

“Wherever you’ve got steep slopes, high rainfall, risk of cyclones, that is not the place to put mining,” Goodland explained.

“If you add up all the things Dr. Goodland has said, plus seismic activity, then you create a massive dangerous situation,” added Wicks.

They noted that an area’s vulnerability to natural disasters could worsen with the presence of mines.

They cite the case of the Tampakan mine in South Cotabato, considered one of the world’s most dangerous, more so given its proximity to an active volcano.

“The Mount Matutum volcano, a registered active volcano is within 10 kilometers of where they want to put the mine, and you cannot mine within 10 kilometers of an active volcano. It’s ridiculous, irresponsible, and they want to put 2.7 billion tons of toxic rock with high potential for acid drainage, a high acid content on top of the mountain,” said Wicks.

“They’re going to build a hole 800 meters deep in an area where there are dormant volcanoes, faultlines. That’s going to fill up with toxic water, very dangerous. They’re going to build two dams, 2.1 kilometers long, 280 kilometers high. That’s going to have millions of tons of waste and toxic water behind it.”

In its ESIA report on the Tampakan Copper-Gold Mine Project, mining company SMI said: “… the TSF has been given an ‘Extreme’ consequence classification, during operation and closure, due to the high potential for loss of life and high environmental damage if failure occurs.”

“If that breaks… the engineers accepted, it could be dangerous. If you’re going to mine on top of a mountain or a volcano, next to a volcano and you’ve got faultlines running underneath, and given storms like what we’ve just seen (tropical storm Sendong), and you’ve got a 2.1 kilometer dam, which is 280 kilometers high. I asked them: how many people will be killed if your dam collapses and it goes down the river? They told me that’s an unethical question. I still say to SMI-Xstrata: answer the question,” Wicks said.

The dam is set to be built in the water catchment area just above the irrigation dam which provides water for the whole of Coronadal Valley and for the whole of Davao Del Sur, Sultan Kudarat and Saranggani.

Tampakan mine

Wicks and Goodland are both part of the Tampakan Forum, which was set up to deal with the threat of open mining by SMI-Xstrata in Tampakan, South Cotabato.

Goodland and Wicks said large-scale mining, not small-scale operations, are to blame for the environmental destruction.

“Let’s make a distinction between small scale mines which are done usually by the very poor because it’s a very difficult job, very dirty, arduous, they wouldn’t do it without any other alternative, so they do earn a living from that. But on the one hand, it’s not as damaging as these large scale mines like Tampakan.

“The Chamber of Mines of the Philippines always blames these small-scale miners…the small scale miners did not create this disaster, not bring down the mountains, did not destroy the island of Rapu-Rapu. You know you should leave these small islands alone.  You cannot mine them, you’ll ruin them and you’ll ruin your ability to have ecotourism,” Wicks said.

The issue of mining may need revisiting in light of Palawan’s declaration among the 7 New Wonders of Nature.

They noted that the mining debate has also taken added urgency, amid the spate of deaths involving environmental and human rights activists.

Wicks said 11 people working with the groups they work with have been killed in the last four years.

Fr. Fausto Tentorio was killed by a gunman in Mindanao last October 2011.  Wicks said he believed Tentorio was murdered because he protested against the mining activities.

Wicks pointed out that security in mines cannot stand the perennial test of security risks from militant groups. He said the World Bank recommended that no mining be done in conflict zones.

“Not only is this going to destroy the environment, it’s going to create massive poverty… more violence,” Wicks noted.

Mining or agriculture?

Given the clear and present danger mining activities pose to crops and communities, Goodland and Wicks said the Philippines must choose between mining and agriculture.

They co-authored the book “Philippines: Mining or Food”.

Goodland, who is a former senior enviromental adviser to the World Bank Group in Washington DC, added that investments into agriculture, such as aid donations from the World Bank would go to waste, if mining disrupted a farming area’s eco-system.

“There should be a balance between the two, but at the moment we’re nowhere near the balance. The Philippines used to export rice.  A couple of years ago when the price of rice spiked, the Philippines became the biggest importer of rice in the whole world. Now, is that sustainable? No it’s not. Philippine rice farmers are among the best in the whole world. You can either have mining or food.  Which does the Philippines want? Which is more sustainable? 15 years of mining or perpetuity of rice production?”

‘No efficient system’

Wicks admitted that there is no efficient system in approving mining licenses and making sure requirements are met.

“It’s an absolute mess. It’s being done in the DENR but the DENR is also responsible for selling licenses; it is supposed to be protecting the environment,” he said. “Who makes the decision on when you give a mining license? Is it a second-level official of the DENR or the Presidential committee? Aid agencies like the World Band invested a lot of money in irrigation schemes. If miners come in here and mess up this (system), all the money is wasted.”

 

reposted from: http://www.abs-cbnnews.com

Still a “No,” Cantilan tells MarcVentures Mining

Still a “No,” Cantilan tells MarcVentures Mining

By 

 

SURIGAO CITY (MindaNews/03 August) – The local government of Cantilan in Surigao del Sur has denied for the second time a mining firm’s application for a business permit, claiming it has no legal basis for its application.

Cantilan Mayor Genito Guardo, in a letter to the lawyer of the Marcventures Mining Development Corporation (MMDC) said records at the Sanggunian Bayan show that MMDC “acquired its Certificate of Registration as a corporate entity with the Securities and Exchange Commission (SEC) 43 days after the original Mineral Production Sharing Agreement (MPSA) holder, Ventura Timber Corporation (VTC) and MMDC signed the Deed of Assignment transferring mineral rights to MMDC. This puts MMDC’s right as an assignee under the cloak of fictitious representation from the very beginning.”

“Furthermore, records also show that Mr. Mario G. Vijungco was authorized by the MMDC Board of Directors to represent MMDC in the Deed of Assignment (DA) 13 years after the signing of the Deed of Assignment,” the mayor said.

Guardo said the transfer of mineral rights to MMDC was void ab initio, because VTC holds a cancelled MPSA.

MMDC has a nickel mining project in Cantilan and is a subsidiary of Marcventures Mineral Holdings (MARC otherwise known as AJO.net) whose stocks are actively traded at the Philippine Stock Exchange, a press statement from Baywatch said.

Emma Hotchkiss, Baywatch President told the 1st Caraga Media Summit last Saturday that VTC entered into a Deed of Assignment with MMDC on December 7, 1994 but MMDC  was registered with the Securities and Exchange Commission in 1995.

Since the grant of their MPSAs, VTC and Carac-an Development Corporation (CDC) both owned by Vijungco, “grossly violated the conditions of the Memorandum and disregarded requirements stated in the conditions. VTC and CDC admitted that they did not have any mining activities in the area from 1995 until 2004, thus, abandoning the said mining areas.” Hotchkiss said.

On February 1, 2005, then Environment Secretary Michael Defensor issued Memorandum Order No. 2005-03 declaring both MPSAs as “abandoned/non-performing tenements” and therefore “cancelled” because there was “no record of actual mineral production; non-payment of fiscal obligations; non-submission of required reports; and non-filing of declaration of mining feasibility study in gross violation of the conditions of the grant of MPSA.”

On May 31, 2005, VTC filed a Motion for Reconsideration, while CDC filed its own on July 1, 2005.

On February 27, 2007, then Environment Secretary Angelo Reyes reinstated the MPSAs of VTC and CDC.

On March 23, 2009, then President Gloria Macapagal-Arroyo signed Presidential Proclamation No. 1747 declaring the portions of the public domain of Alamio, Buyaan, Carac-an, Panikian Rivers and Sipangpang Falls, situated in the municipalities of Carrascal, Cantilan and Madrid, Province of Surigao del Sur and in the municipalities of Jabonga, Santiago, and Cabadbaran, Province of Agusan del Norte, as watershed forest reserves.”

The area comprising 43,601 hectares was declared as critical watershed forest reserves subject to prior rights and without prejudice to the rights of the indigenous peoples and other related rules and regulations.

P1747, however, stipulates that  “Any valid contract, permit or license for the extraction or utilization of natural resources already existing prior to the Proclamation shall, subject to national interest and to existing laws, rules and regulations, be respected until their termination.”

“This clause continues to concern the pro-environment groups since the DENR continues to allow the mining company to continue its operations despite the numerous resolutions issued by the Protected Area Management Board to (then) Environment Secretary Lito Atienza to issue a cease and desist order to MMDC pending delineation of the watershed area,”  Hotchkiss noted.

MMDC lawyer Noel Libres, who had sought the mayor’s reconsideration, explained that  the local government unit’s ordinances and resolutions against mining are contrary to the Philippine Mining Act. He also cited Section 17, of RA 7160  (Local Government Code of 1991) which  provides that the “enforcement of forestry laws, pollution control law, small scale mining law, and other laws on the protection of the environment, shall be pursuant to national policies and subject to the supervision, control and review of the DENR.”

But Mayor Guardo, who ran on an anti-mining platform, said the LGU has the ultimate mandate over the approval of the proposed mining project. He cited DENR Memorandum Circular No. 2008-08, dated December 24, 2008, entitled: “Clarification of the Role of LGUs in the Philippine EIS System in Relation to MC 2007-08”, particularly, paragraphs 2 and 3 thereof.

Paragraph 2 states that the issuance of the Environmental Compliance Certificate (ECC) “is not an automatic approval of the project. Through the EIA Process critical issues that should be addressed by the various agencies are identified for guidance on environmental considerations of final approving entities.”

Paragraph 3 states that although LGU endorsement of the proposed projects is not mandatory in the processing of the ECC applications, “it should be inevitably be required and subsumed under the local government’s permitting requirements where the results of the EIA and recommendations in the ECC should be considered along with other factors. It is believed that the LGU has the ultimate mandate over the approval of proposed projects. Hence, the result of the EIA process is an input to the LGU endorsement of proposed projects.”

Upon receipt of MMDC’s business permit application, the mayor inspected the mining site along with members of Baywatch, and found the mining company was in full blown operation with three stockyards full of ore that were ready to ship.

The Baywatch press statement said the Mines and Geosciences Bureau (MGB) authorized MMDC to start its Development Phase even without endorsements from the Cantilan LGU and the Sanggunian Panlalawigan. MGB’s OIC Basadre issued the mining company permission to proceed to Development Stage citing company receipt of an Environmental Compliance Certificate (ECC) and endorsements from Brgy. Cabangahan, where the mining site is located, and from then Surigao del Sur Gov. Vicente Pimentel.  The law requires two out of three LGU endorsements before it can proceed to the Development Stage.”

‘The governor is not the Sanggunian Panlalawigan,” a member of the Sangguniang Panlalawigan said when an MMDC official told members in a hearing that they have secured an endorsement from Pimentel. (Carolyn O. Arguillas/MindaNews)

 

reposted from: mindanews

Miriam Pushes for Anti-Epal Bill

Popular and online support for Senator Miriam Defensor Santiago’s Senate Bill No. 1967, or what is now popularly called the “Anti-Epal” Bill, is growing. Facebook groups favoring the proposed law to prohibit public officers from claiming credit through signages have been sprouting out of the social media site. It has also been a trending topic in Twitter. Links of news items about the bill have been shared and discussed in other sites like Tumblr, Reddit, LinkedIn, Digg, StumbleUpon, Blogger and del.icio.us

Here are links to relevant articles on the “Anti-Epal” Bill:

 

reposted: http://miriam.com.ph/newsblog/?p=582

Mining and logging are setting a deadly trap on many lives!

Our mountains, rivers and oceans are dying because of us!

Dili na ako matingaya kun sa sunod kita na sab an mu dawat nan isog nan ato kagubatan na nahitabo na sab sa CDO and Iligan.