Law Summary
Reason for the Lifting of the Ban
- A sequence of natural disasters, notably the earthquake on July 16, 1990, followed by typhoons, caused major damages including landslides along Kennon Road.
- These events resulted in substantial deposits of sand, gravel, and rock boulders obstructing the road and Bued River.
- The lifting aims to facilitate the clearing of debris to restore accessibility and safety to Kennon Road and Bued River.
- Additionally, it recognizes the utility of the extracted materials for ongoing reconstruction efforts in Baguio City and surrounding areas affected by the earthquake.
Conditions and Limitations on Mining Activities
- Although the ban on sand and gravel extraction is lifted temporarily, the barring down of boulders and quarrying activities remain explicitly prohibited.
- The scope of allowable activities is narrowly tailored to surface mining limited to removal of sediments and debris necessary for clearing and repair.
Effective Date and Duration
- The lifting takes effect immediately upon adoption on November 22, 1990.
- The ban will be reinstated once Kennon Road has been fully cleared and repaired, ensuring that the lifting is a temporary emergency measure.
Legal Authority and Adoption
- The order is issued under the authority of the Department of Environment and Natural Resources (DENR) led by Secretary Fulgencio S. Factoran, Jr.
- It rescinds provisions of the earlier administrative order specifically related to this geographic area and circumstances, maintaining environmental safeguards by retaining prohibitions on quarrying and barring down boulders.
This order balances environmental protection with urgent public safety and infrastructure restoration in response to natural calamities, allowing limited resource extraction necessary for recovery while minimizing ecological disruption.