PHILIPPINES Law and Practice Contributed by: Patricia A O Bunye and Rafael Raymundo A Evangelista, Cruz Marcelo & Tenefrancia
by any declaration of mining feasibility, provided that each mining area after final relinquishment shall not be more than 5,000 hectares. FTAAs may be transferred to a qualified person, sub - ject to prior approval of the President. Grounds for Cancellation, Revocation and Termination The grounds for the cancellation, revocation and ter - mination of an EP, MA or FTAA are as follows: • falsehood or omission of facts in the application that may substantially alter or affect the facts set forth in those statements; • non-payment of taxes and fees for two consecutive years; • failure to perform all other obligations, including abandonment, under the permits or agreements; • violation of any of the terms and conditions of the permits or agreements; and • violation of existing laws, policies, and rules and regulations. 2. Impact of Environmental Protection and Community Relations on Mining Projects 2.1 Environmental Protection and Licensing of Mining Projects The Mining Act and its IRR require contractors to insti - tute an environmental protection and enhancement programme prior to the commencement of mining operations, and to submit a final mine rehabilitation or decommissioning plan to ensure environmental protection beyond the life of the mine. Other pertinent environmental laws include: • the Toxic Substance and Hazardous and Nuclear Wastes Control Act (Republic Act No 6969); • the Clean Air Act (Republic Act No 8749); • the Clean Water Act (Republic Act No 9275); and • the Act Establishing an Environmental Impact Sys - tem, Including Other Environmental Management Related Measures and for Other Purposes (Presi - dential Decree No 1586).
These environmental laws are administered by the DENR and the agencies under it, including the MGB and the Environmental Management Bureau (EMB). Environmental Compliance Certificates (ECCs) for Mining Projects An ECC is required for mining projects. To secure an ECC, a proponent must submit an environmental impact statement and go through the environmental impact assessment (EIA) process, which includes baseline environmental conditions, impact assess - ments and proof of consultation with stakeholders, including communities in the project site and neigh - bouring areas. The EIA process involves four steps: • scoping; • conduct of EIA study and report preparation; • review and evaluation of the EIA report; and • decision-making. The EMB generally takes 20 working days to process an ECC application, but in practice, the evaluation period may be extended depending on the sufficiency of submitted requirements. 2.2 Impact of Environmentally Protected Areas on Mining Environmentally protected areas are generally closed to mining. The IRR of the Mining Act specifically enu - merate the following areas as being closed to mining applications: • areas covered by valid and existing mining rights and mining applications subject to the third point below; • old growth or virgin forests, proclaimed water - shed forest reserves, wilderness areas, mangrove forests, mossy forests, national parks, provincial and municipal forests, tree parks, greenbelts, game refuges, bird sanctuaries and areas proclaimed as marine reserves, marine parks and tourist zones as defined by law and identified as initial components of the National Integrated Protected Areas System, pursuant to Republic Act No 7586 and any such areas expressly prohibited thereunder, as well as
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