The Department of Environment and Natural Resources (DENR) recently issued Administrative Order (DAO) No. 2015-02 intended to harmonize certain provisions of Presidential Decree (PD) No. 1586, or the ''Philippine Environmental Impact Statement System" and Republic Act (RA) No. 7942, or the Philippine Mining Act of 1995.”

In effect, DAO No. 2015-02 addresses the overlapping provisions of said laws pertaining to environmental management and social development in mining projects.  It clarifies and harmonizes the environmental provisions governing mining projects to ensure proper enforcement.  This will reduce the delays in the implementation of mining projects.   The said DAO is the product of a series of consultation meetings between the Environmental Management Bureau (EMB) and the Mines and Geosciences Bureau (MGB) that culminated in a joint conference in Cebu City on April 28, 2011 where the following agreements were reached:

1. The use of the Environmental Compliance Certificate (ECC) and Environmental Impact Assessment (EIA) Report as bases in the preparation of the Environmental Protection and Enhancement Program (EPEP) and Final Mine Rehabilitation and/or Decommissioning Plan (FMR/DP);

2. The establishment of the Contingent Liability and Rehabilitation Fund, and the fund allocated for the Social Development and Management Program (SDMP), in lieu of the Environmental Guarantee Fund, and Environmental Monitoring Fund;

3. The issuance by the MGB Director or Regional Director (RD) concerned of suspension order against a mining company for violations of the provisions of RA No. 7942; and by the EMB Director or RD concerned of Notice of Violation, Cease and Desist Order, and/or imposition of fines and penalties for violations of the provisions of the ECC, PD No. 1586, AO No. 2003-30 and all other environmental laws;

4. The issuance by the MGB Regional Office (RO) concerned of the appropriate stoppage order in case of illegal mining operations; and by the EMB RO concerned in the case of mining operations with permits issued by the Local Government Units but without ECC;

5. The submission of Self-Monitoring Reports by mining contractors and permit holders to the EMB and MGB ROs concerned; and

6. The monitoring by the Multipartite Monitoring Team of the compliance by mining contractors and permit holders with the conditions stipulated in the ECC, Environmental Management Plan, and Environmental Monitoring Plan; and commitments made in the EIA Report, EPEP, SDMP, and FMR/DP.

By: Mine Safety, Environment and Social Development Division