Environment Secretary Roy Cimatu followed up on the appeals of 13 mining companies by conducting a ministry-wide review on the closure of mining operations across the country, of which are already in its finalization stage and awaiting release on March.
Last year, half of the 26 mining companies facing ex-DENR (Department of Environment and Natural Resources) Chief Gina Lopez’s suspension order appealed to the DENR due to allegedly violating environmental laws, Inquirer reports.
“Gina’s decision [to suspend/close] is not a matter of policy-making. The result of the audit is not a policy matter,” echoed Cimatu, stressing whatever the DENR’s final thoughts on the open-pit ban will not need a “presidential decision” anymore.
Cimatu also said the DENR would no longer look to the approval of inter-agency Mining Industry Coordinating Council (MICC).
“We are just following due process on the appeals. Since it was DENR who ordered, the reversal or upholding of the decision will be by the department as well,” he said.
However, the Office of the President is still an exception to the rule, as the Environment Department would still need Duterte’s call on new or amended policies. (e.g. Duterte upholding Lopez’s open-pit mining suspension despite MICC’s opposition)
Meanwhile, Environment Undersecretary Demetrio Ignacio said suspended miners are still compelled to pay penalties for their violations no matter the results of the mining audit.
“Their violations, they should be accountable for that irrespective whether there is an appeal or not. Secretary Cimatu is very particular that the law should be followed,” Ignacio said.
Administrative proceedings for said penalties will be based on the number of days that the violations have been committed, he added.
2018 is posed as a productive year for the mining industry despite being taunted with a number of controversies, especially the Tax Reform for Acceleration and Inclusion (TRAIN) Law is now in full swing, which imposes a four percent tax on mining, a significant increase from the two percent previously.
In addition, Cimatu said the MICC was also in talks of considering amendments for Executive Order (EO) 79 that was implemented by former President Benigno Aquino III.
Signed in 2012, EO 79 bans the issuance of new mining permits in specific zones where mines are not allowed to operate.
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