On August 3, 2022, Mines and Geosciences Bureau (MGB) Director Atty. Wilfredo G. Moncano signed the MGB Memorandum Order (MMO) No. 2022-06 in re: “Clarificatory Guidelines on the Grounds for Revision of the Environmental Protection and Enhancement Program (EPEP) and Final Mine Rehabilitation and/or Decommissioning Plan (FMR/DP).”
Pursuant to Republic Act (RA) No. 7942 and Department of Environment and Natural Resources (DENR) Administrative Order (DAO) No. 2010-21, the Revised Implementing Rules and Regulations of RA No. 7942, otherwise known as the “Philippine Mining Act of 1995,” all Contractors/Permit Holders are required to submit an EPEP and FMR/DP. The EPEP is a comprehensive and strategic environmental management plan for the life of mining project while the FMR/DP or the Mine Closure Plan shall consider all mine closure scenarios and shall contain cost estimates for its implementation at the end of the life of mine.
MMO No. 2022-06 shall be also applied to all operating Contractors/Permit Holders that have an approved EPEP and FMR/DP. At any time during the life of the mine, a revised EPEP and FMR/DP shall be required for the following:
- Application for amendment of contract/permit area with the following conditions:
- Consolidating two (2) or more mining contracts/permits with ongoing operations;
- Appending mining applications that are ready for development/utilization to support an existing mining operation; and
- Appending additional area/s covered either by an exploration permit or another contract under exploration period: Provided, That the amendment in the EPEP shall include identified impacts and mitigating measures during exploration within the appended area/s as “Other Activities:” Provided, further, That the EPEP and FMR/DP concerned shall be totally revised upon the development and utilization of the same appended area/s.
- Renewed contracts/permits with ongoing operations and/or exploration activities: Provided, that the revisions shall be in accordance with the terms and conditions of the renewed contracts/permits until the end of the life of contract/permit or the mining project, as the case may be.
- Amendment of the issued Environmental Compliance Certificate (ECC) due to any major modification on the project description as provided under DAO No. 2003-30, the Implementing Rules and Regulations of the Philippine Environmental Impact Statement System, such as, but not limited to, increase in area and/or production capacity, change of mining and/or mineral processing method/s, and utilization of new mineral commodities that may cause significant change/s from the original mining plan.
The revised EPEP and FMR/DP based on the grounds stated above shall be submitted to the Mine Rehabilitation Fund Committee (MRFC) concerned, for preliminary evaluation, and shall then be endorsed to the Contingent Liability and Rehabilitation Fund Steering Committee for approval.
All Contractors/Permit Holders with consolidated/renewed contract/permit and/or amended ECC shall be given thirty (30) calendar days from the date of the MMO to submit a revised EPEP and FMR/DP to the MRFC concerned.
The full version of MGB MO No. 2022-06 can be viewed in the attachment below.
By: Mine Safety, Environment and Social Development Division
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 MMO No. 2022_006_Clarificatory Guidelines on EPEP-FMRDP Validity |