Objectives of the Order
- Establish new environmental policies.
- Ensure sustainable environmental conditions at every mining stage.
- Minimize disturbed surface areas at any time during mining operations.
Scope and Coverage
- Applies to all Mineral Agreements (MAs), Financial or Technical Assistance Agreements (FTAAs), and other mining tenements.
- Specifically covers surface metallic mines under development, construction, or operating periods.
Definitions of Key Terms
- Disturbed Areas: Surface zones where mining-related activities have occurred or are ongoing.
- Mining Tenement: Legal instruments granting mining rights including Mining Patents and Special Mines Permits.
- Pier Stockyard: Area near loading facilities for temporary ore stockpiles prior to shipment.
- Subsoil: Soil layer below topsoil, between 0.15 to 1.20 meters deep.
- Temporary Revegetation: Reestablishing vegetation temporarily in areas under suspension of mining activities.
- Topsoil: Upper soil layer (0 to 0.15 meters), dark due to organic content.
Additional Environmental Measures
- Topsoil and Subsoil Management:
- Separate stripping and stockpiling for rehabilitation purposes mandated.
- Soil not used within 6 months must be covered with vegetation or soil conservation techniques.
- Activities included in the required mining work program and environmental plans.
- Buffer Zone Management:
- 20-meter buffer zone along mining tenement boundaries and river/stream high waterlines.
- No extraction or facility development except access roads; existing structures allowed if environmentally safe.
- Pier Stockyard Use:
- Temporary stockpiling limits set at 60 days for small capacity (<=100,000 wet metric tons) and 90 days for larger ones.
- Extensions possible for force majeure with notification.
- Remaining stockpiles require environmental impact mitigation.
- Maximum Disturbed Area Limits for Nickel Mines:
- Limits vary from 50 to 100 hectares based on annual ore extraction scale, with special considerations for plants or long-term supply agreements.
- Disturbed area excludes ancillary facility spaces.
- Temporary revegetation or progressive rehabilitation required for areas exceeding limits.
- Additional opening beyond limits allowed only with equivalent revegetation.
- Areas unused for 3 years after temporary revegetation must undergo progressive rehabilitation.
Performance Bond
- Annual Php 5,000,000 performance bond required from mining tenement holders.
- Bond guarantees compliance with revegetation and rehabilitation.
- Forfeited bond used to fund rehabilitation efforts if compliance fails.
Penalties for Non-compliance
- First Offense:
- Fine Php 50,000.
- Suspension of permits until re-vegetation is done.
- Second Offense:
- Additional fine Php 50,000.
- Suspension of mining operations pending compliance.
- Third Offense:
- Cancellation of mining rights.
- Permanent disqualification from acquiring or operating mining projects.
- Liability extends to highest mine official, operators, directors, and other responsible parties.
- Violations by public officials subject to ethical and criminal penalties under relevant laws.
Transitory Provisions for Existing Operations
- Existing nickel mines exceeding limits must submit Temporary Revegetation Plan (TRP) within 15 days.
- TRP validated and approved within 30 days.
- Implementation period for TRP limited to 6 months and within the current year.
- Submission of revised Environmental Protection and Enhancement Programs (AEPEP) required within 15 days.
- Revised AEPEP must incorporate all new environmental measures.
Separability Clause
- Invalidity of any order provision does not affect the rest of the order.
Repealing Clause
- Previous inconsistent orders, circulars, or directives are repealed or modified accordingly.
Effectivity
- The order shall take effect 15 days after full publication and registration with the National Administrative Register.