DENR vows strict monitoring of Tampakan open-pit mining operations
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Department of Environment and Natural Resources (DENR) Acting Secretary Jim O. Sampulna has ordered the strengthening of measures to preserve terrestrial and marine biodiversity in mining operations.
In signing DENR Administrative Order (DAO) No. 2022-04 or the “Enhancing Biodiversity Conservation and Protection in Mining Operations,” Sampulna said the order intends to provide guidelines on responsible mining to ensure the protection and mitigation of the negative effects of the activities to biodiversity.
Moreover, Sampulna said that the directive, which covers all stages of on-shore and off-shore mining operations, will intensify strict implementation of responsible mining practices.
“With this new order, we believe that mining companies will be more mindful of their practices in utilizing the country’s natural and mineral resources,” he pointed out.
“We have repeatedly mentioned in the past that mineral extracting operations can be done responsibly, that the rich biodiversity within the mine site can be protected. Thus, this order is expected to support our responsible mining initiative,” he said.
DAO 2022-04 requires mining contractors, permit holders, and permittees to include biodiversity measures in their respective Environmental Work Program, Environmental Protection and Enhancement Program, and Final Mine Rehabilitation and/or Decommissioning Plan.
These biodiversity measures will be integrated in all stages of mining operations, including exploration, development and utilization, closure, decommissioning, and rehabilitation.
Meanwhile, the order also mandates the progressive rehabilitation, or temporary revegetation of disturbed areas, to be undertaken at every stage of mining operation to restore mined-out areas and allow regeneration of the biodiversity to preserve “ecosystem goods and services.”
The order, published on April 21, also prompts mining companies to integrate biodiversity conservation and protection in their Social Development and Management Program (SDMP).
SDMP is the five-year plan of mining contractors and permit holders, which contains plans to support the development and empowerment of host and neighboring communities.
DAO 2022-04 identified various SDMP measures such as “inclusion of biodiversity-friendly enterprises, propagation of native plants, development of green parks, promotion of agroforestry, and other wealth creation projects that would create green jobs to augment livelihood during and after mining.”
The BMB, Ecosystems Research and Development Bureau and its regional counterparts, are also mandated to take part in relevant committees such as the contingent liability and rehabilitation fund steering committee, mine rehabilitation fund committee, and multipartite monitoring team. ###
The Department of Environment and Natural Resources (DENR) encouraged holders of memoranda of agreement (MOA) for projects that are considered as special uses in all protected areas, including the Upper Marikina River Basin Protected Landscape (UMRBPL), to apply for a Special Use Agreement in Protected Areas or SAPA.
A SAPA is an agreement between the DENR and a project proponent, which has a term of 25 years, and is renewable for another 25 years.
Under the National Integrated Protected Areas System (NIPAS) Act of 1992 or the Expanded NIPAS (ENIPAS) Act, special uses may be allowed within protected areas except in strict protection zones and strict nature reserves, subject to compliance with the environmental compliance certificate, and payment of corresponding user fee.
The law also states that the DENR secretary has the authority to determine a system-wide set of fees and charges to ensure sustainable financing of protected areas.
“The law requires a certain type of agreement with the DENR on special uses of protected areas. We are bound by this law. The conversion of a MOA into a SAPA is also an opportunity for the DENR to correct its course and to cure defects in the MOA. Such defects include unconstitutional provisions, and provisions that violate the ENIPAS Act, and the Indigenous Peoples’ Rights Act,” DENR Acting Secretary Jim O. Sampulna said.
The implementing rules and regulations of the ENIPAS Act provide that MOAs issued by the DENR within protected areas prior to the effectivity of the NIPAS Act shall be converted into SAPA upon satisfactory compliance with requirements.
According to Sampulna, this is the “best possible solution” that the DENR has come up with so far after a series of consultations and meetings with various stakeholders.
The 1987 Constitution sets a limit of 25 years, renewable for another 25 years, for the term of agreements that the State enters into for the exploration, development, and use of natural resources.
A SAPA is the type of agreement applicable to special uses of protected areas.
The rules and regulations implementing the NIPAS Act provide that ecotourism is one of the special uses of protected areas.
SAPAs aim to provide access and economic opportunities to indigenous peoples, tenured migrant communities, and other protected area stakeholders; optimize the development of special-use projects consistent with the principles of sustainable development and biodiversity conservation in cooperation with stakeholders; guide the development of the zones of protected areas under their management objectives; and provide a revenue stream for the sustainable management of protected areas.
Under a MOA signed in 2017, the DENR has given a perpetual land trust to the Masungi Georeserve Foundation.
The MOA did not have the free, prior informed consent of the indigenous people whose ancestral domain overlaps with the 2,700 hectares covered by the MOA. It also does not provide for the payment of user fees.
In 2018, the DENR issued DENR Administrative Order 2018-05, Addendum to DENR Administrative Order No. 2007-17 on the Rules and Regulations Governing Special Uses within Protected Areas, which states that “all existing Memorandum of Agreement (MOA) on Special Uses within Protected Area shall be converted into SAPA in accordance with DAO 2007-17 and this Order.”
Meanwhile, Biodiversity Management Bureau (BMB) Director Natividad Y. Bernardino said the DENR welcomes development partners that are as passionate as the Masungi Georeserve Foundation.
“I believe that the aims of the DENR and the Foundation are the same. We just have to ensure that cooperation with development partners conform with the law and policy, such as provision of sustainable financing of the protected areas system through payment of user fees,” Bernardino said.
She vowed to work with the concerned stakeholders and government officials in determining a fair, equitable, and sustainable agreement towards common goals. ###
The Boracay Inter-Agency Rehabilitation and Management Group (BIARMG), led by the Department of Environment and Natural Resources (DENR), reported the presence of jellyfish in the whole stretch of the White Beach in Boracay on Saturday, May 14.
By 5pm, the jellyfish were washed away and no recurrence was observed on Sunday morning.
According to the initial assessment of the Bureau of Fisheries and Aquatic Resources (BFAR) Aklan, the jellyfish is a natural occurrence in the coastal areas of the province in the months of May to September and is dependent on the direction of the wind.
DENR Acting Secretary Jim O. Sampulna said the BIARMG has already coordinated with the BFAR Aklan regarding the incident.
"The safety of the public is our primary concern. We want to assure the locals and the tourists that the DENR as chair of the Boracay Inter-Agency Task Force is closely working with the BFAR as part of our responsibility in the rehabilitation of the island,” Sampulna said.
BIARMG General Manager Martin Despi said thumb-sized jellyfish were seen at around 2pm in all three stations of the White Beach particularly in the waters and on the beach area, and in Angol and Diniwid but these were washed out in the late afternoon.
"Yesterday, the wind direction was southwest or habagat which was towards the White Beach. This caused the jelly fish to accumulate in the beach area," said Despi.
As of Sunday morning, May 15, BFAR Aklan Provincial Fisheries Office OIC Director Evelyn Abad said that the team they sent reported that the White Beach, from stations 1 to 3, is clear of jellyfish and has almost no trace of yesterday’s incident.
“We were able to get samples of the jellyfish to determine its species. They were very small and appear to be newborn jellyfish. These will be brought to our laboratory for testing on Monday,” said Abad.
The BFAR has also advised the Environmental Management Bureau in Region 6 to get samples in case of a recurrence and to note the time these were observed.
Despi added that the lifeguards have advised tourists not to swim in the affected area should there be a recurrence. ###