Mines body asks provincial board to review open-pit mining ban

GENERAL SANTOS -- A regional mining development policy-making body has formally petitioned the Provincial Board (PB) of South Cotabato to review the controversial environment code that bans open-pit mining in the area, a senior regional government official said.

Constancio A. Paye, Jr., regional director of the Mines and Geosciences Bureau, confirmed the Regional Mineral Development Council (RMDC) submitted a resolution requesting for a review of the code last Wednesday.

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"We hope they will act on it," Paye, also the RMDC chair, said over the weekend.

Based on the resolution, a copy of which was obtained by Sun.Star Davao, the RMDC sought a review on the code on two grounds -- that it was contrary to Republic Act 7942 or the Philippine Mining Act of 1995 and to a "great extent" Republic Act 8371 or the Indigenous People's Rights Act of 1997.

The ban on open-pit mining method is contained in Section 22 of the environment code.

The Philippine Mining Act and its implementing rules and regulations allow for, and regulate, the use of open-pit method in the Philippines, Section 22 therefore purports to prohibit an activity that is expressly permitted and regulated by a law duly enacted by the Congress of the Republic of the Philippines, the resolution read.

Further, Section 22 denies the inherent right of indigenous peoples within the province of South Cotabato to self-determination with respect to the use of natural resources within their ancestral domain, contrary to their rights under the Indigenous People's Rights Act, it added.

Paye said they are still waiting for the official reply of the PB whether it would act on the petition positively. Earlier, the local Catholic Church and other environmental groups vowed protest actions once the environment code will be overruled.

Board Member Jose M. Madanguit, vice-chair of the environment committee, believed it is still premature to review the environment code as it has not become a law since the publication requirement in a local newspaper has not been met due to lack of budget.

He assured that the provincial board will study the RMDC resolution as well as calls from local government leaders from the mines development site to reconsider the open-pit ban.

Madanguit, who was environment committee chair in the previous provincial board composition that approved the environment code, said they are prepared to defend the environment code.

The current composition of the provincial board, it was learned, remains dominated by the allies of Rep. Daisy P. Avance-Fuentes, who signed the environment code shortly before she stepped down as three-term governor of the province last June 30.

The environment code was seen as a stumbling block to the massive investment of foreign-back Sagittarius Mines, Inc. to develop the Tampakan project.

Controlled by Xstrata Copper, the world's fourth largest copper producer, Sagittarius Mines announced it will pour in an investment of $5.2 billion for the commercial operation of the Tampakan project targeted to start in 2016.

Sagittarius Mines is currently in the exploration stage for the Tampakan project, touted as the largest undeveloped copper deposit in Southeast Asia with potentials to yield 12.8 million tons of copper and 15.2 million ounces of gold.