16.1 Are there provisions in the mining law that allow the owner of a right to waive all or part of it? „President Duterte has flip-flopped from demanding to protect and stop forests through destructive mining to a pro-mining president,” Alyansa Tigil Mina (ATM), a coalition of anti-mine groups, said in a message to Mongabay. „The lifting of the moratorium demonstrates this government`s support for mining projects that will impact our water, food supply, forests, biodiversity, Indigenous communities and fragile island ecosystems.” She added that it is particularly alarming that these mining permits target natural forest areas in the province, including some in key biodiversity areas and protected areas. Banner image: The entrance to an illegal gold mine, by Bong S. Sarmiento for Mongabay. The illegal operation caught the attention of Philippine Environment Secretary Roy Cimatu, who ordered its closure in December 2020 following a raid in the region following a denunciation. The Philippine mining law is primarily governed by the Philippine Constitution, which provides that all natural resources belong to the state. National laws, namely Republic Act No. 7942 (the „Philippine Mining Act”) and its implementing regulations („TRI”) (as contained in Department of Environment and Natural Resources (DENR) Administrative Decree No. 2010-21), local ordinances, and executive orders on mining must be consistent with the Philippine Constitution. All regions, with the exception of the NCR and the DMARD, authorize mining operations. About 30 hectares of land in the country are considered possible areas for metallic minerals.

Ministry statistics show that mining in the country created 211,000 jobs in 2011 alone. 7.4 Does the holder of a right of recognition, exploration and mining also have the right to exercise rights over residual deposits on the land concerned? Leon Dulce, an activist with the Kalikasan People`s Environmental Network (Kalikasan), said he was not convinced the new regulations would maintain environmental protection because the country`s mining law grants permit holders full access to natural resources in their concessions. 16.2 Is the holder of an exploration right or mineral right obliged to transfer part of it after a certain period of time? The mining industry in the Philippines has once again been a controversial issue, as Secretary of the Department of Environment and Natural Resources (DENR) Gina, advocates for a complete ban on mining for responsible and sustainable mining in the country. The mining industry in the Philippines has once again been a controversial issue, as Secretary of the Department of Environment and Natural Resources (DENR), Gina Lopez, advocates for a complete ban on mining for responsible and sustainable mining in the country. 11.3 Are there any specific requirements affecting the mining industry in light of the coronavirus (COVID-19) pandemic? Renunciation of mining rights is permitted under Philippine mining law if the owner believes that the mining project is not economically profitable, even after reasonable precautions to address the cause of the problem. However, the waiver of the right does not release the holder from its financial, environmental, legal and tax obligations arising from the exercise of the right. At the end of a mining operation, all open pit areas, underground workplaces, tailings and tailings impoundment systems, quarry sites and other landforms disturbed by mining, including those disturbed during exploration, must be progressively rehabilitated in accordance with the FMRDP as enshrined in the CEC and/or PEEP. In addition, mine site decommissioning and remediation is intended to create functional land use capacity close to land use prior to the disturbance of the mine area, unless other, more advantageous land uses are predetermined and agreed upon in partnership with local and local communities. 8.2 What are the obligations of the holder of a right of recognition, exploration or mining to the landowner or legitimate user? Duterte`s new order had an immediate impact: hours after the lifting of the mining moratorium, the mining and oil index rose 5.38% at the close of trading on April 15. On the other hand, President Rodrigo Duterte also said he chose to nominate Lopez because she shared his position on responsible mining and environmental protection.

The holder of a sheep order is liable for damage to the property of the owner, occupier or concessionaire as a result of mining. The amount of compensation may be based on the agreement between the parties or on the determination of the arbitral tribunal, the body of MGB officials empowered to settle disputes between surface owners, occupiers or claimants. In order to ensure the payment of adequate and fair compensation, the right holder must post a bond with the relevant regional office. The DENR is the primary government agency responsible for the conservation, management, development and appropriate use of the country`s environment and natural resources. The specialized offices under the authority of the DENR, in particular the Bureau of Mines and Geosciences (MGB) and the Bureau of Environmental Management (EMB), are each responsible for the proper management and disposal of mineral lands and mineral resources as well as the enforcement of environmental laws.