MGB revises IRR of Small-Scale Mining Act

MANILA, Philippines - The Mines and Geosciences Bureau (MGB) has completed the proposed revisions to the implementing rules and regulations (IRR) of the Small-Scale Mining Act of 1991, which would pave the way for the establishment of more sites where small- scale mining activities would be allowed.

MGB director Leo Jasareno said over the weekend that the IRR was revised pursuant to the provisions of the new mining policy that provides for the formalization of small- scale mining operations in the country.

The revised IRR has been submitted to the office of the Environment Secretary for approval.

Among the salient features of the revised IRR is a provision for the declaration of additional areas as Minahang Bayan, or concession areas where small- scale mining activities would be restricted.

“We lack areas for Minahang Bayan. This would somehow level the playing field by allowing small scale miners in areas previously only covered by large- scale mining areas,” said Jasareno.

Several large- scale miners that are pre-developing their tenements are confronted with the problem of relocating small-scale miners operating in their contract areas, creating conflict with local government units hosting their operations.

Under the revised IRR, applications for the establishment of new Minahang Bayan sites by miners’ cooperatives would be reviewed by the existing Provincial Mining Regulatory Board and would be submitted to the office of the Environment Secretary for approval.

In the past, small -scale miners are only regulated by local government units that lack the technical expertise in monitoring the operations of over 3,000 small miners nationwide.

Jasareno said the proposed Minahang Bayan areas should not be located within the so-called no-go zones that comprise prime agricultural lands and protected areas.

Preferential treatment in the application and approvals process would be given to residents of the barangay covered by the Minahang Bayan application.

The revised IRR also stipulates that Minahang Bayan sites should be regulated under the Environmental Impact Assessment (EIS) system imposed on large scale miners that entails an assessment of the economic viability of resources and environmental safety of operations.

They would also be compelled to produce a community development and management program for the locales hosting their operations.

All mineral processing activities should also be confined within the designated mineral processing zones.

“All Minahang Bayan areas shall have a central processing plant. This will facilitate ease of monitoring of their operations unlike before when processing operations are scattered,” said Jasareno.

Small scale mining operations should be limited to the extraction of gold, silver and chromite. The use of hydraulic and compressor mining methods should be prohibited as well as the use of mercury in any phase of mineral processing.

There are no limitations, however, on the extraction of non-metallic minerals.

Jasareno said miners’ cooperatives applying for operation under a Minahang Bayan may be granted small scale mining contracts valid for two years which could be renewed for another term.

Upon approval of the revised regulations, all small-scale mining operations not operating under the Minhanag Bayan scheme should be considered illegal.