Title
Mining Sector Reforms EO 79, 2012
Law
Executive Order No. 79
Decision Date
Jul 6, 2012
Executive Order No. 79 mandates comprehensive reforms in the mining sector to ensure environmental protection, responsible resource utilization, and equitable benefits for local communities, while instituting strict compliance and oversight measures for mining operations.
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Q&A (EXECUTIVE ORDER NO. 79)

Section 16, Article II of the 1987 Constitution provides that the State shall protect and advance the right of the Filipino people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

Mining applications are not allowed in: (a) Areas enumerated under Section 19 of RA No. 7942; (b) Protected areas under NIPAS (RA No. 7586); (c) Prime agricultural lands and strategic agri-fishery zones; (d) Tourism development areas under NTDP; and (e) Other critical areas and island ecosystems identified by DENR.

Only those who strictly comply with all pertinent environmental, mining, and other legal requirements are eligible for mining rights, pursuant to RA No. 7942.

They conduct a review of the performance of existing mining operations to ensure compliance with environmental laws, mining contracts, and labor laws, and take immediate action against violators.

No new mineral agreements shall be entered into until legislation rationalizing revenue sharing schemes takes effect. However, Exploration Permits may still be granted.

The MICC is an interagency forum constituted by the Climate Change Adaptation and Mitigation and Economic Development Cabinet Clusters, co-chaired by the two clusters' chairpersons, with additional members including DOJ Secretary, NCIP Chairperson, and ULAP President.

Small-scale mining must comply with RA No. 7076 and EIS requirements; operate only within declared Minahang Bayan; operationalize P/CMRBs; restrict to gold, silver, and chromite; prohibit mercury use; and receive government technical assistance.

No mining contracts such as MPSA, FTAA, JVA, or CPA shall be approved without the free, prior, and informed consent (FPIC) of the concerned IPs and compliance with social acceptability.

The government shall support and commit to participation in the Extractive Industries Transparency Initiative (EITI) to improve transparency, accountability, and governance in the mining sector.

To establish a publicly accessible, transparent, complete, and comprehensive database that includes mining-related data from all government agencies and studies on resource accounting, aiding transparency and informed decision-making.


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