156 mining rights application denied

CEBU, Philippines - The Mines and Geosciences Bureau-7 rejected a total of 156 mining rights applications last year as part of the bureau’s continuing cleansing efforts.

MGB-7 needs to reject non-performing or sluggish mining rights applications to leave only the potential ones that would contribute to the revitalization of the mining industry in Central Visayas.

Of the total 309 applications submitted to MGB last year, 63 were approved. Ninety applications are still pending and that 156 were rejected after careful considerations.

MGB-7 regional director Roger de Dios said that the rejection and cleansing efforts is a continuing activity of the bureau aiming to deter the increase of “mining speculators”, thereby promoting confidence to the real mining investors.

Mining rights applications include exploration permit, mineral production sharing agreement, andfinancial and/or technical assistance agreement.

“The order of rejection issued to 156 mining rights applications may be reversed based on the appreciation of the justifications or explanations as may be stipulated in the motion for reconsideration by the mining applicant themselves,” de Dios added.

MGB welcomes reapplication as long as applicant, even if previously rejected, can prove that they deserve approval provided all requirements are met.

One of the common reasons why a mining rights application is cancelled is the absence of a National Commission on the Indigenous Peoples Certification Precondition which is important in areas declared and occupied by indigenous peoples or communities.

Prior to the issuance of the said certification, applicants must secure a Free and Prior Informed Consent from the indigenous peoples concerned.

Other reasons for cancellation or rejection of mining rights applications include the absence of a Department of Environment and Natural Resources cearance, proof of consultation with local government units, proof of financial capability and proof of technical competence.

Some rejected applicants also failed to secure a certification of publication, posting and radioannouncement, area status and clearance by the one-stop-shop committee and other government agencies, and certification by the panel of arbitrators.

“Permit or clearance is also required from various DENR agencies particularly if exploration or mining activities will be conducted in protected, biodiversity and forestry project areas and a one-stop-shop committee is handling this,” de Dios added.

“Compliance with statutory requirements as a minimum shall always be considered fully before the mining rights applications shall have gained approval,” de Dios explained.

DENR has just shifted its policy in mining from “tolerance to promotion of mining”.

The new principle allows simplification of the processes involving acquisition of a mining permit including clearances and requirements from other government agencies.

De Dios said that MGB now, under the Minerals Action Plan policy reforms, seeks to create economic opportunities while pursuing a pro-environment and pro-community stance. – Jessica Ann R. Pareja/MEEV   (FREEMAN NEWS)

Source: http://www.philstar.com/Article.aspx?articleId=538497&publicationSubCategoryId=107