Aquino: Revised mining IRR published next week

MANILA, Philippines – President Aquino said the revised implementing rules and regulations (IRR) of the mining policy will be published in a couple of days.

In a press briefing on Wednesday, September 26, President Aquino said, “We have to publish the amended form by next week,” referring to the changes recently announced on the mining rules following a claim by the Chamber of Mines of the Philippines that certain provisions of the rules were “patently illegal.”

“We clarified [the rules]…so it’s consistent with [Executive Order 79 or] EO 79 and consistent with the Republic Act that governs [the] mining industry (Mining Act of 1995),” he said.

The changed provisions in the IRR pertained to the number of years of the mining contract and the permits for the adjacent areas current players are already mining.

“I convened the MICC (Mining Industry Coordinating Council) this week (September 24). With the MICC’s economic cluster and the environmental cluster, we refined the language [of the IRR provisions]. It still have to see the final draft,” he said.

Provisions no. 3, 7 and 9 were revised following the September 19 threat from the chamber that it would sue the government.

The industry players contested the initial IRR released last September 11 and published last September 14 in broadsheets.

They said it was illegal since Section 9 cut their maximum mining contract from 50 years to 25 years. They explained this will immediately impact their cash-flow and the value of their assets.

They also questioned the provision in the original IRR on the no-go areas or those that could be banned from any mining activities.

Previously, Environment Secretary Ramon Paje explained that the no-go areas will cover those that could be used for tourism activities or are environmentally fragile.

Aside from these issues, the Aquino government will also have to push for the mining reform bill, which will address the concern of the government on the higher share it wants from mining.

The EO 79 mandates that Congress will take on the soon-to-be proposed revisions in the revenue sharing scheme. – Rappler.com

Read the Blog on the 2012 Mining Conference for a blow-by-blow account of issues being discussed.

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