Environmental Work Program
The Environmental Work Program (EWP) is a comprehensive and strategic environmental management plan prepared by the Contractor/Permittee during exploration period/stage. The said program shall be implemented for the term of the Exploration Permit (EP) or Exploration Period of the Mineral Agreement/Financial or Technical Assistance Agreement (FTAA) to be granted. It provides description of the expected and considered acceptable impacts of mineral exploration and shall set out the environmental protection and enhancement strategies based on best practice in environmental management during exploration period/stage. It shall address the rehabilitation of the disturbed area in a technically, socially and environmentally competent manner.
Legal Basis
The following are the legal bases for the preparation, submission, and implementation of the EWP:
- Sections 167 and 168 of Department of Environment and Natural Resources Administrative Order (DAO) No. 2010-21, as amended, "Providing for a Consolidated Department of Environment and Natural Resources Administrative Order for the Implementing Rules and Regulations of Republic Act No. 7942, Otherwise Known as the Philippine Mining Act of 1995" for the preparation and implementation of EWP;
- Sections 19 and 39 of DAO No. 2010-21 for the submission and implementation of Exploration Work Program (ExWP);
- Mines and Geosciences Bureau (MGB) Memorandum Circular No. 201802, “Guidelines for Compliance Monitoring and Rating/Scorecard of Mining Permits/Contracts,” for the standard monitoring system of the environmental management measures indicated in the EWP; and
- DAO No. 2015-16, “Providing for the Revised Organization Structure and Functions of the Mines and Geosciences Bureau Pursuant to its Approved Rationalization Plan,” for the monitoring and audit of the implementation of EWP by MGB Regional Office (RO) and Central Office (CO), respectively.
Scope
All Contractors/Permittees that shall undertake exploration activities are required to implement an EWP during the term of the EP or Exploration Period of Mineral Agreement/FTAA.
The EWP shall cover all activities related to environmental protection and enhancement during the exploration period/stage. It shall be based on acceptable, practical and achievable options and demonstrated practice in mineral exploration and shall include implementation schedules, system of environmental compliance guarantees, monitoring, reporting and cost provisions. The implementation of the said program shall be in conjunction with the ExWP.
The guidelines provide a blueprint for the Contractors/Permittees in the implementation of the EWP; and for the MGB CO and RO in the review, evaluation, monitoring and audit of the implementation of EWP.
Guiding Principles
The implementation of the EWP shall adhere to the principles of sustainable development in environmental management for the protection of the environment and other natural resources. Even if mineral exploration has minimal impact to the environment, the formulation and implementation of the EWP shall still be in accordance with the governing principles stated in DAO No. 2010-21, to ensure the elimination, reduction and mitigation of its effects to the environment.
Consequently, mineral exploration activities shall be guided by the following principles:
1. Principles of Sustainable Development and Sustainability
Sustainable development is defined as the development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs (Brundtland, 1987). Sustainability, on the other hand, entails a systems-based approach of understanding the interactions among environmental, social and economic pillars (Figure No. 1).
Figure No. 1. Three Pillars of Sustainability (United Nations World Summit on Sustainable Development, 2002)
Mineral exploration activities shall be conducted in a manner that contributes to the Sustainable Development Goals (SDGs) - the universal call to action to end poverty, protect the planet and improve the lives and prospects of everyone. In general, the following aspects in relation to SDGs shall be highlighted in the conduct of mineral exploration and in the implementation of the EWP: protection and conservation of life on land, provision of clean water and sanitation, use of energy efficient activities/processes, implementation of measures that will address climate-related environmental impacts, and creation of jobs and economic growth.
2. Mitigation Hierarchy and Precautionary Principle
The mitigation hierarchy (Figure No. 2) is a tool for managing risks and potential impacts mainly to biodiversity and ecosystem services which involves three key actions – avoid, minimize and restore (The Biodiversity Consultancy, 2015). In relation to the concept of mitigation, the Precautionary Principle implies that in case of threats of serious or irreversible damage to the environment, absence of scientific certainty shall not result in lenient implementation of cost-effective measures (United Nations Rio Declaration, 1992).
Figure No. 2. Mitigation Hierarchy (The Biodiversity Consultancy, 2015)
Contractors/Permittees shall consider the three key actions during planning and implementation of activities that will address proven and hypothetical/possible effects of mineral exploration to the biodiversity and ecosystem services. Areas to be affected by mineral exploration activities shall be subjected to immediate rehabilitation.
3. Principle of Effectiveness and Efficiency
The Principle of Effectiveness and Efficiency implies that the use of natural resources and the processes involved should be effective and efficient to minimize environmental costs (United Nations Rio Declaration, 1992).
Mineral exploration activities shall be based on best available technology (BAT) to prevent and control pollution. BATs are developed to ensure that activities implemented are cost-effective, i.e. exploration costs are optimized while environmental costs are reduced. In mineral exploration, BATs include conservation of water used in drilling, use of organic drilling additives, etc.
4. Polluter Pays Principle
The Polluter Pays Principle states that the polluter shall bear the corresponding fines/penalties for the pollution generated as well as the cost of the measures to be adopted to address environmental degradation (Council of the Organization for Economic Cooperation and Development, 1972).
Environmental measures to be implemented shall conform with the existing environmental laws, rules and regulations, particularly on the provisions regarding allowable emissions/discharges. Funds for the implementation of the environmental measures to be implemented should be sufficiently allocated.
5. Principle of Connectivity
The Principle of Connectivity for biodiversity explains that all ecosystems, living organisms, including humans, are dependent on each other. This concept states that the degree of connectivity or fragmentation between ecosystems is essential to support the movement and adaptation of species. Human-induced activities can impact connectivity and may result to fragmentation that can adversely affect biodiversity (Vold and Buffett, 2008).
To address the effects of developmental activities, such as mineral exploration, environmental measures related to conservation of remnant biodiversity, ecosystem restoration, and building of connectivity shall be applied.
Goal and Objectives
The goal of the implementation of EWP is to effectively safeguard the environment during the exploration of mineral resources.
To achieve this goal, the following are the objectives:
- Prevent pollution and reduce, if not eliminate, negative impacts caused by mineral exploration to the environment through the implementation of mitigating measures;
- Conserve the biodiversity, including natural habitats and ecosystems, through practicing environmental protection and sustainable use of natural resources;
- Protect the communities and Indigenous Cultural Communities/Indigenous Peoples, if any, including their ancestral lands from environmental degradation and respect their traditional and/or sustainable management strategies concerning natural resources;
- Comply with the existing environmental laws, rules and regulations; and
- Adopt BAT and promote best practices in protecting the environment.
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