Photo credit: Apex Mining
On March 4, 2022, Department of Environment and Natural Resources (DENR) Acting Secretary Jim O. Sampulna signed the DENR Administrative Order (DAO) No. 2022-04 entitled “Enhancing Biodiversity Conservation and Protection in Mining Operations”.
The Biodiversity Management Bureau (BMB) and the Mines and Geosciences Bureau (MGB) jointly drafted the said policy to provide adequate measures for responsible mining towards ensuring biodiversity conservation and protection including progressive and final rehabilitation of mined-out areas. It also aims to minimize negative impacts on biodiversity, thereby promoting the sustainable development and utilization of the country’s natural and mineral resources for the benefit of present and future generations.
The said policy emanated from the 13th Meeting of the Conference of Parties (CoP) to the Convention on Biological Diversity (CBD) in December 2016, wherein it was identified that aside from agriculture, forestry, fisheries, aquaculture and tourism, other sectors such as energy, urban and regional planning, infrastructure, manufacturing industry and mining also negatively impact biodiversity. Hence, as a commitment of the Philippines to the CBD and in response to the Strategic Plan for Biodiversity 2011-2020, the country developed various plans such as the Philippine Biodiversity Strategy and Action Plan (PBSAP) and included priority strategies in the Philippine Development Plan (PDP) to address the issue.
On December 9-10, 2020, the MGB and BMB jointly organized a two-day virtual consultation with large-scale and small-scale mining companies regarding the then-proposed policy. Various stakeholders of the mining industry participated in the said two-day virtual consultation composed of representatives from the Chamber of Mines of the Philippines; Philippine Nickel Industry Association; Philippine National Coalition for Small-scale Mines; DENR Regional Offices, BMB, MGB Central Office, and Regional Offices. A total of 187 and 54 participants attended during the two-day virtual consultation with large-scale and small-scale mines across the country, respectively.
In addition, the said policy goes to a series of deliberation with the BMB, MGB, and DENR Policy Technical Working Group in 2021.
Accordingly, DAO No. 2022-04 identifies and recommends specific biodiversity-related measures that shall be undertaken in all stages of on-shore and off-shore mining operations.
The following are the salient features of DAO No. 2022-04:
- Biodiversity measures shall be integrated in all stages of mining operations, including exploration, development, and utilization, and closure, decommissioning, and rehabilitation;
- Detailed guidelines on integrating biodiversity in small-scale mining shall be jointly prepared by BMB and MGB within one (1) year upon issuance of this Order;
- Mining companies shall integrate biodiversity conservation and protection in the Social Development and Management Program (SDMP);
- The Contingent Liability and Rehabilitation Fund Steering Committee (CLRFSC), Mine Rehabilitation Fund Committee (MRFC), and Multipartite Monitoring Team as per DAO No. 2010-21 shall include Biodiversity Management Bureau (BMB) and Ecosystems Research and Development Bureau (ERDB), and their regional counterparts as members;
- BMB, in consultation with MGB, shall subsequently develop modules and instructional materials on the integration of biodiversity in the mining sector;
- BMB and the Conservation and Development Division of DENR Regional Offices shall undertake annual monitoring and evaluation using compliance monitoring tools to be developed by BMB; and
- Mining Contractors, Permit Holders, and Permittees shall include biodiversity measures in their respective Environmental Work Programs, Environment Protection and Enhancement Program, Final Mine Rehabilitation and/or Decommissioning Plan, and Social Development and Management Program.
DAO No. 2022-04 was published in The Manila Times and registered in the Office of National Registry on April 21, 2022. The full version of DAO No. 2022-04 can be accessed through this link: https://apidb.denr.gov.ph/infores/uploads/DAO-2022-04.pdf
Article courtesy of the Department of Environment and Natural Resources
