Title
Fee on Mining Companies for Environmental Damage
Law
Presidential Decree No. 1251
Decision Date
Nov 28, 1977
Presidential Decree No. 1251 imposes a semi-annual fee on mining companies in the Philippines to compensate for damages caused by pollution from mining operations and to rehabilitate affected lands, crops, marine life, and infrastructure.

Law Summary

Purpose and Use of Collected Fees

  • The fees go into a reserve fund.
  • The fund is used exclusively to compensate for damages caused by mining operations, including:
    • Damage to private lands, agricultural crops, and forest products.
    • Harm to marine life and aquatic resources.
    • Destruction of infrastructures.
    • Revegetation and rehabilitation of silted farm lands and areas devoted to agriculture, aquaculture, and fishing.
    • Reconstruction of infrastructures to restore conditions prior to mining activities.

Creation and Composition of Damage Assessment Committee

  • A special committee is created to evaluate damages that justify compensation from fees collected.
  • Committee members include representatives from:
    • National Pollution Control Commission (Chairman)
    • Bureau of Mines (Vice Chairman)
    • National Irrigation Administration
    • Bureau of Lands
    • Bureau of Plant Industry
    • Bureau of Fisheries and Aquatic Resources
    • National Environmental Protection Council
    • Bureau of Forest Development

Rulemaking Authority

  • The Secretary of Natural Resources, advised by the Director of Mines, is empowered to issue the necessary rules and regulations for effective implementation of the fee system.

Severability Clause

  • If any part of the decree is declared unconstitutional or invalid by a competent court, the remaining provisions continue to be in full force and effect.

Repeal and Modification of Conflicting Laws

  • All prior laws, decrees, executive orders, rules, or parts thereof that conflict with or are inconsistent with this decree are repealed, amended, or modified accordingly.

Effectivity

  • The decree takes effect immediately upon its promulgation.

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