COMP to file complaint on P2-M trust fund imposed by Gina Lopez

Industry lobby group Chamber of Mines of the Philippines (COMP) intends to file a complaint with the Department of Environment and Natural Resources (DENR) regarding the imposition of a P2-million trust fund for every hectare of land disturbed by mining operations.

The chamber is questioning the Memorandum issued by Environment and Natural Resources Secretary Gina Lopez requiring suspended mining firms to put up a trust fund which will allow the companies to remove stockpiles from mine sites.

"I think that's already a duplication of the laws and the IRR (Implementing Rules and Regulations) concerning rehabilitation funds ...What is the amount for and who will manage?" COMP Executive Vice President Nelia Halcon told reporters in a forum held in Quezon City.

"Why impose that much when you have rehabilitation funds? Why impose P2 million per hectare?" Halcon added.

But Lopez, who is in Mindanao, said there is nothing to question about the trust fund. "Its not questionable," she said in a separate text message on Wednesday.

According to a Reuters report, Lopez issued a January 30 memorandum ordering suspended mining firms to put P2 million into a trust fund to cover every hectare of land disturbed "to further mitigate the adverse impacts of the mining operations to the environment and to the affected communities."

In February, Lopez ordered 23 mining operations closed and five others suspended.

Halcon said the chamber intends to discuss the trust fund. "We still have to meet the board of directors. Paguusapan namin. We don't know yet if it will be the individual companies affected or the chamber on behalf of the companies."

The government has set up a rehabilitation trust fund under the Republic Act No. 7942, Section 71, and DENR Administrative Order No. 2010-10.

In a separate text message to GMA News Online, Halcon said the suspended mining companies intend to file separate complaints on what they alleged as a redundant trust fund with the Office of the President.

The trust fund is on top an existing rehabilitation trust fund which the government has set up under the Republic Act No. 7942, Section 71, and DENR Administrative Order No. 2010-10.

"They should know the law. They should know what they're doing is contrary. They should know, kasi kung minsan kung ano na lang maisip, eh. There should be experts in the DENR who will be able to tell the secretary na we have this (law)," Halcon said.

"Wala lang sana nung impositions pa. When you're closed, you have no cash flow. So if you are able to export 'yung ores mo, then you'll have some money to spend for the social development management program," she said.

Halcon noted that mining firms have existing social development management programs. The suspension of mining operations, she said, halted such programs since there was "no cash flow."

On Tuesday, Lopez reprimanded Mines and Geosciences (MGB) Regional Director Jun Cariño after she saw the rust-colored water at an abandoned open pit of a copper mine during a site visit in San Marcelino, Zambales.

Lopez asked Cariño on why the copper mine was allowed to remove its stockpile without paying the P2 million trust fund.

"Actually what? I already said they cannot take away the stockpile unless they pay P2 million for every farm land that has been devasted out of the rehab area. Now, you tell me: 'Is this a good idea, or is this a good idea?'" Lopez said.

Cariño said he would correct the mistakes noticed by the Cabinet official. — VDS, GMA News