Law Summary

Introduction

Executive Order No. 130, issued on April 14, 2021, amends Section 4 of Executive Order No. 79, S. 2012. This amendment focuses on lifting the moratorium on mineral agreements and instituting reforms within the Philippine mining sector to ensure environmental protection and responsible mining practices.

Lifting of the Moratorium on Mineral Agreements

• Legal Principle/Provision: The moratorium on mineral agreements previously established under EO No. 79 is lifted, allowing the government to enter into new mineral agreements.
• Key Definitions:
  • Mineral Agreements: Contracts between the government and entities regarding the exploration and utilization of mineral resources.
• Important Requirements/Procedures:
  • New mineral agreements must comply with the Philippine Mining Act of 1995 and other applicable laws.
  • The Department of Environment and Natural Resources (DENR) will grant Exploration Permits under existing regulations.
• Key Provisions:
  • Grantees of Exploration Permits will have the right of first option to develop minerals upon approval of project feasibility.
  • The DENR is tasked with formulating terms to maximize government revenue from production.
  • The DENR must review existing mining contracts for potential renegotiation of terms.

Formulation and Strict Implementation of Mines Safety and Environmental Policies

• Legal Principle/Provision: The DENR is mandated to ensure strict compliance with mines safety and environmental policies.
• Key Definitions:
  • Mines Safety and Environmental Policies: Regulations aimed at ensuring safe and environmentally responsible mining operations.
• Important Requirements/Procedures:
  • The DENR shall implement measures recommended by the Mining Industry Coordinating Council across all mining operations.

Separability

• Legal Principle/Provision: If any part of this Executive Order is deemed invalid or unconstitutional, the remaining provisions remain in effect.
• Important Requirements/Procedures:
  • Ensures continuity of applicable regulations despite potential invalidation of certain provisions.

Repeal

• Legal Principle/Provision: All previous issuances, rules, and regulations inconsistent with this Executive Order are revoked, modified, or amended.
• Key Definitions:
  • Issuances: Any prior regulations or orders related to mining that conflict with EO No. 130.

Effectivity

• Legal Principle/Provision: The Executive Order shall take effect immediately upon its publication in a newspaper of general circulation.
• Important Requirements/Procedures:
  • Publication serves as the official start date for the provisions contained within the Executive Order.

Key Takeaways

• EO No. 130 lifts the moratorium on mineral agreements, allowing new agreements under stringent compliance with the Philippine Mining Act and DENR regulations.
• The DENR is responsible for enforcing mines safety and environmental policies, ensuring mining operations adhere to best practices.
• Any invalid provisions of the Order do not affect the validity of the remaining sections.
• Previous conflicting issuances are revoked to streamline regulations in the mining sector.
• The Executive Order is effective immediately upon publication, emphasizing the government's commitment to reforming the mining industry for economic and environmental benefits.