Question & AnswerQ&A (DENR Administrative Order No. 2015-02)
The basic policy is to address the environmental impacts and safety concerns in the implementation, operation, and abandonment/decommissioning/rehabilitation of mining projects.
The main objective is to harmonize compliance, monitoring and reporting systems, and funding mechanisms according to the Philippine Environmental Impact Statement System (PEISS) and the Philippine Mining Act of 1995 requirements.
The Order covers mining projects considered as Environmentally Critical Projects (Group 1 Category) as defined in the Revised Procedural Manual for DAO No. 2003-30 implementing the PEISS.
The Environmental Compliance Certificate (ECC) and the Environmental Impact Statement (EIS) serve as the basis for preparing the EPEP and FMR/DP.
The Abandonment Plan for ancillary facilities covered by a separate ECC shall be integrated into the Final Mine Rehabilitation/Decommissioning Plan (FMR/DP) for the mining project.
Mining companies must set up Contingent Liability and Rehabilitation Funds (CLRFs), Environmental Trust Funds (ETFs), and funds for Social Development and Management Programs (SDMPs) in lieu of the Environmental Guarantee Funds (EGFs) and Environmental Monitoring Funds (EMFs).
Mining projects must submit Modules 1 to 6 to the Environmental Management Bureau (EMB) Regional Office concerned and Module 7 to the Mines and Geosciences Bureau (MGB) Regional Office concerned quarterly. The modules cover compliance monitoring for various environmental laws and implementation of EPEP, FMR/DP, SDMP, and SHP.
The MMT is a team created to monitor the mining project's compliance with environmental and mining requirements. It is chaired by the EMB RO representative and co-chaired by the MGB RO representative. Its functions include monitoring compliance, validating reports, submitting monitoring reports, handling complaints, and developing a Manual of Operations.
The MGB CO and ROs assist EMB in PEISS implementation, participate in review and evaluation of mining project EIA reports, establish CLRFs, ETFs and SDMP funds, train EMB personnel, lead MMT for mining-specific monitoring, issue suspension orders for mining violations, and ensure findings and recommendations are acted upon.
The EMB can enforce environmental laws, train MGB personnel, participate in project reviews, issue notices of violation, cease and desist orders, and impose fines and penalties for violations of ECC and environmental laws related to mining projects.
The MGB Regional Office concerned shall issue the appropriate stoppage order. If mining operations have permits issued by Local Government Units but lack an ECC, the EMB Regional Office shall issue the stoppage order.
The Contingent Liability and Rehabilitation Fund (CLRF) Steering Committee and the Mine Rehabilitation Fund Committee (MRFC) under DAO No. 2010-21 replace the EGF Committee.
It provides that all orders, rules, and regulations inconsistent with or contrary to this Order are repealed or modified accordingly.