PHILIPPINES Law and Practice Contributed by: Patricia A O Bunye and Rafael Raymundo A Evangelista, Cruz Marcelo & Tenefrancia
ited thereunder, as well as under Department Administrative Order No 25, Series of 1992, and other laws; • areas that the DENR Secretary may exclude, based, among others, on proper assessment of their environmental impacts and impli - cations on sustainable land uses, such as built-up areas and critical watersheds with appropriate barangay, municipal, city or pro - vincial council ordinance specifying therein the location and specific boundary of the area concerned; • offshore areas within 500 metres of the mean low tide level and onshore areas within 200 metres of the mean low tide level along the coast; • in the case of seabed or marine aggregate quarrying, offshore areas of less than 1,500 metres from the mean low-tide level of land or island and where the sea-bed depth is less than 30 metres, measured at mean sea level; and • areas expressly prohibited by law. Executive Order No 79, Series of 2012, expand - ed the list of protected areas to include: • prime agricultural lands, lands covered by agrarian reform, and strategic agriculture and fisheries development zones and fish refuge and sanctuaries; • tourism development areas; and • other critical areas, island ecosystems and impact areas of mining. 2.3 Impact of Community Relations on Mining Projects Stakeholders must be consulted as part of the EIA process and prior to the issuance of an ECC, which is required for the grant of MAs and FTAAs.
Furthermore, the law requires that contractors assist in the development of the mining com - munity, including the promotion of the general welfare of its inhabitants and the development of science and mining technology. Investors are also required to incorporate a Community Rela - tions Office in the organisational structure. As further discussed in 2.6 Community Develop- ment Agreement for Mining Projects , contrac - tors are also required to prepare a Social Devel - opment and Management Programme (SDMP) and a Community Development Programme (CDP). 2.4 Prior and Informed Consultation on Mining Projects Prior consultation with the local government units concerned is mandatory for mining appli - cations intended for exploration through EPs, MAs and FTAAs. Prior approval by a majority of the Sanggunian (local legislative body) concerned is required in support of mining applications for immediate development and/or utilisation activities. Consultation and approval are carried out by the investor through the relevant Sanggunian. For projects located within the ancestral domain of ICCs/IPs, the FPIC of the ICCs/IPs affected must be secured, as further discussed in 2.5 Impact of Specially Protected Communities on Mining Projects . 2.5 Impact of Specially Protected Communities on Mining Projects Rights of ICCs/IPs are recognised under the Constitution and under law. Article II, Section 22 of the Constitution provides that “the State recognises and promotes the rights of indige - nous cultural communities within the framework
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