Objective of Harmonizing Environmental and Mining Compliance
- Harmonize compliance, monitoring, reporting, and funding systems as per Philippine Environmental Impact Statement System (PEISS) and Mining Act requirements.
Coverage of the Order
- Applies to mining projects categorized as Environmentally Critical Projects (Group 1 Category) under DAO No. 2003-30.
General Provisions on Environmental Compliance Documents and Funds
- ECC and EIS form bases for Environmental Protection and Enhancement Program (EPEP) and Final Mine Rehabilitation/Decommissioning Plan (FMR/DP).
- FMR/DP replaces Abandonment Plan; integrated plans for ancillary facilities covered by separate ECC.
- Joint financial audits of Mine Rehabilitation Funds (MRFs) and Environmental Trust Funds (ETFs) by EMB and MGB periodically.
- Creation of CLRF Steering Committee and MRF Committee replacing Environmental Guarantee Fund Committee.
- Establishment of Contingent Liability and Rehabilitation Fund (CLRF), ETF, and Social Development and Management Program (SDMP) funds replacing previous guarantees and monitoring funds.
Requirements for Mining Companies
- Mandatory establishment of CLRFs, ETFs, and SDMP funds in lieu of EGFs and EMFs.
- Integration of funds for ancillary facilities under mining project funds.
- Submission of Self-Monitoring Reports (SMRs) Modules 1-7 quarterly, covering compliance with various environmental laws including Mining Act.
- Specific formats mandated for Compliance Monitoring Reports (CMRs) for Modules 5 and 7.
Functions of the Multipartite Monitoring Team (MMT)
- Operationalized under DAO Nos. 2003-30 and 2010-21, co-chaired by EMB RO and MGB RO representatives.
- Monitor compliance with ECC, EMP, EMoP, EIA commitments, EPEP, FMR/DP, and SDMP.
- Validate SMRs and submit monitoring reports to MRFC, EMB Central Office, and concerned ROs.
- Facilitate complaint handling and recommend remedial measures.
- Develop and approve Manual of Operations.
- EMB RO leads environmental law compliance monitoring; MGB RO leads EPEP and rehabilitation plan monitoring.
Responsibilities of Mines and Geosciences Bureau (MGB)
- Assist EMB in PEISS implementation and environmental laws enforcement.
- Participate in scoping and evaluation of EIA Reports, provide technical recommendations.
- Establish and operationalize CLRF, ETF, and SDMP funds.
- Train EMB personnel on mining laws.
- Lead MMT monitoring for mining rehabilitation and social programs.
- Update EMB on mining policies and enforcement.
- Issue suspension orders related to illegal mining or safety violations, sometimes jointly with EMB.
- Act on MMT findings and recommendations.
Duties of the Environmental Management Bureau (EMB)
- Enforce environmental laws including PEISS, RA No. 6969, RA No. 9003, RA No. 9275, RA No. 8749 in mining projects.
- Train MGB personnel on relevant environmental laws.
- Keep MGB informed on environmental standards and compliance monitoring.
- Participate in EIA report review and CLRF, MRFC, MMT meetings.
- Lead MMT in monitoring compliance with ECC, EMP, and EMoP.
- Issue violation notices, cease and desist orders, fines, and penalties for non-compliance.
Procedures on Illegal Mining Operations
- MGB RO issues stoppage orders for illegal mining.
- EMB RO issues stoppage orders where operations have LGU permits but lack ECC.
Incentives
- Standardized incentives for members of MRFC, MMT, and CLRF Steering Committees to be provided separately.
Separability Clause
- Invalidity of any provision does not affect the remaining provisions of the Order.
Repealing and Amending Clause
- Inconsistent prior orders, rules, and regulations are repealed or modified accordingly.
Effectivity
- The Order takes effect 15 days after publication in a newspaper of general circulation and registration with the Office of the National Administrative Register.