Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1251)
The main purpose is to impose a semi-annual fee known as the "Mine Wastes and Tailings Fee" on operating mining companies to generate funds to compensate for damages caused by mining pollution and to rehabilitate affected lands and infrastructures.
The Secretary of Natural Resources, upon the recommendation of the Director of Mines, has the authority to determine the amount of the fee.
The funds are exclusively used to pay for damages on lands, agricultural crops, forest products, marine life, aquatic resources, destruction of infrastructures, and for the revegetation and rehabilitation of silted farmlands and other agriculture and fishing areas impacted by mining pollution.
A committee composed of representatives from various agencies including the National Pollution Control Commission, Bureau of Mines, National Irrigation Administration, Bureau of Lands, Bureau of Plant Industry, Bureau of Fisheries and Aquatic Resources, National Environmental Protection Council, and Bureau of Forest Development is responsible.
The Commissioner of the National Pollution Control Commission acts as the Chairman of the committee.
If any section or provision is declared unconstitutional or invalid, the remaining sections or provisions continue to be in force as if the voided parts were never incorporated.
The Decree took effect immediately upon its promulgation on November 28, 1977.
The Secretary of Natural Resources is authorized to promulgate rules and regulations to implement the provisions of this Decree.
Yes, it repeals and amends or modifies all laws, executive orders, decrees, rules, and regulations or parts thereof that are contrary or inconsistent with its provisions.
Damages compensated include damages to private lands, agricultural crops, forest products, marine life, aquatic resources, destruction of infrastructures, and costs for revegetation and rehabilitation of silted farm lands and other agricultural or fishing areas.