DENR’s Paje signs revised rules on new mining policy

The revised Implementing Rules and Regulations to Executive Order 79 – or the new Philippine policy on mineral exploitation – was signed on Tuesday by Environment Secretary Ramon Paje, which merged the amendments vehemently insisted by the mining industry.   Section 3 of the IRR now defines an expired mining tenement as a lapsed mining contract of 25-50 years “… if the parties concerned fail to agree on the terms of the renewal pursuant to Sections 32 and 38 of Republic Act No. 7942, the Philippine Mining Act of 1995 and other pertinent laws.”   Under the revised Section 7, no new mineral agreement shall be forged until legislation on revenue sharing and mechanisms are in place unless the Department of Environment and Natural Resources authorized a contractor to expand an existing contract.   However, the department may override this provision in situations of grave importance such as imminent or threatened economic disruption like shortage of critical commodities and raw materials.   Amendment No. 3 covers Section 9:  “[T]he grant of mining rights and mining tenements over areas with known and verified mineral resources and reserves, including those owned by the government and all expired tenements, shall be undertaken through competitive bidding.   “The mining contract that may be renewed shall be subject to existing laws rules and regulations at the time of renewal, provided that mining contractors whose tenements are expiring from September 1, 2012 to April 30, 2013, shall be given thirty days from the affectivity of this IRR to file renewal applications.”   Miners whose contracts will expire after April 30, 2013 should file their renewal application within six months before their mining contracts expire.   President Aquino allowed revision after miners lobbied hard until the government gave in to what they want – on the premise that provisions of the original IRR were unconstitutional. — VS, GMA News