TVIRD maintains normal operation

SURIGAO CITY, Philippines – The injunction secured by TVI Resources Development (Phils) Inc. against an ordinance banning open-pit mining in Zamboanga del Norte is still in place, a company executive said over the weekend.

TVI Resource, the Philippine affiliate of Canada’s TVI Pacific Inc., secured the injunction in January, allowing it to continue its $60 million copper and zinc mining operations in the host province. The local ordinance against open-pit mining would have closed the mine by November 2012.

Branch 6 of the Regional Trial Court of Dipolog granted the injunction on Jan. 4.

In an interview at the sidelines of a forum on responsible mining hosted by the Canadian embassy in the city over the weekend, TVI Resources vice president for environment Jay Nelson said that as of the moment, the injunction is still in place.

“Right now, the injunction is still in place. I think the lawyers of both sides have filed certain legal documents regarding the injunction but as far as I know, there is still no final decision yet,” he said.

Nelson said the company is not expecting a final decision on the legality of the local ordinance soon. For now, the company is conducting normal operations.

“Not at the moment. As far as we know, the injunction is still in place. We are still operating as we have,” he said.

TVI Resources operates a 508-hectare mine site in Canatuan, Zamboanga del Norte. It occupies 8,213 hectares of ancestral domain.

The company holds a Mineral Production Sharing Agreement (MPSA) with the Philippine government granted in 2003. Surface mining operations in the area began in 2004 and is expected to continue until 2013. Gold, silver, copper and zinc is produced from gossan and ore deposits.

Nelson was one of the speakers on responsible mineral development. In his presentation, he stressed the importance of choosing the proper kind of tailings management method to protect the water source of the host communities.

Many representatives of the local communities in the CARAGA region who attended the forum have expressed concern about the effects of mining activities to their water supply.

Nelson said that mine developers should have a comprehensive understanding of watershed interaction and management.

“Water touches just about every aspect of a mining operation. Water can make or break a mining operation,” he said in his presentation.

“Discussions of sustainability go nowhere without a comprehensive understanding of the different elements of watershed interaction and management. All phases of a mining project are required to address these elements from regulatory, social, operational and economic standpoints,” he added.

Nelson said, however, that monitoring of the environment affected by mining activities should not be limited to flora and fauna, aquatic habitat, air quality, noise, forest resources, human health, and biodiversity.

He also stressed the need to properly implement mine closure plans to protect the host communities from perceived adverse affects of mining and to properly effect rehabilitation after the lifespan of the mine.

He noted that mine closure plans were one of the “weaker parts” of the Mining Act of 1995 but “the regulations have since been significantly improved from both an operational standpoint and a financial standpoint.”

Nelson was referring to the Final Mine Rehabilitation and Decommissioning Plan which must be submitted to the Department of Environment and Natural Resources.

He said that an ideal closure plan must be directed towards maximizing the use of land after the closure of the mine; reduction of safety risks to human, flora, and fauna; and development of land reforms compatible to the surrounding areas.