QuestionsQuestions (ADMINISTRATIVE ORDER NO. 2018-19)
The basic policy is that mining is a temporary land use that must lead to optimal post-mining land use through progressive and engineered mine rehabilitation. Mining operations must follow best environmental management practices to reduce impacts and protect the environment effectively.
The Order covers all Mineral Agreements (MAs), Financial or Technical Assistance Agreements (FTAAs), and other similar mining tenements having surface metallic mines under development, construction, or operating period.
Disturbed areas refer to all surface areas where development, construction, or utilization activities are ongoing or have been conducted.
Topsoil and subsoil must be stripped and stockpiled separately for revegetation and rehabilitation purposes. If not utilized within six months, the soil must be covered by vegetation or equivalent conservation measures to preserve its properties and soil organisms. These activities must be included in the Three-Year Development/Utilization Work Program and Environmental Protection and Enhancement Program.
A 20-meter buffer zone must be established inward from the mining tenement boundary and outward from the edges of the normal high water line of rivers and streams within the mining area. Extraction activities and facilities are not allowed within this buffer zone except for necessary access roads and bridges.
The maximum disturbed areas depend on the scale of operations: up to 50 hectares for 1 million WMT/year or less; progressively increasing to 100 hectares for more than 9 million WMT/year. Projects with processing plants or long-term domestic supply agreements may have a maximum disturbed area of 162 hectares.
First offense: Fine of PhP50,000 and non-issuance of Ore Transport Permits (OTPs) or Mineral Ore Export Permits (MOEPs) until compliance. Second offense: Same fine plus suspension of mining operations until compliance. Third offense: Cancellation of mining tenements and permanent disqualification from acquiring mining rights and operating mining projects.
A performance bond of PhP5,000,000 must be posted annually to guarantee compliance with Temporary Revegetation and progressive rehabilitation of disturbed areas beyond maximum limits. Failure to comply leads to forfeiture of the bond for rehabilitation implementation.
They must submit a Temporary Revegetation Plan (TRP) within 15 days of the Order's effectivity, which must be approved within 30 days. The TRP should be implemented within six months to temporarily revegetate areas exceeding the limit.
Public officials who fail to perform their duties in strict implementation or commit violations related to the Order may face penalties under RA No. 6713 (Code of Conduct and Ethical Standards), administrative cases, and other applicable laws.