Sagittarius Mines still keen on Tampakan project

MANILA, Philippines - Sagittarius Mines Inc. (SMI) is still intent on pursuing the $5.9-billion copper-gold project in Tampakan, South Cotabato.

In an interview on the sidelines of the Mining Conference 2012, SMI general manager Mark Willliam said Malacanang is expected to release this month a response to its appeal for the provision of an Environment Compliance Certificate (ECC), a key document that would enable SMI to proceed with the construction phase of the mine.

The ECC guarantees that a project would not cause damage to the environment.

SMI filed an appeal on June 29 before the Office of the President and was asked to submit its arguments on or before July 29.

Williams said that despite the uncertainties in the local mining industry, SMI is determined to commission the mine.

“This project has made good progress despite the issues. We are working through those issue. We are focusing on the approvals process,” he said.

He said that by next year, SMI would also commence with activities for obtaining Full Prior Informed Consent from indigenous communities in the region.

Despite the current issues surrounding EO 79, the new mining policy, Williams said SMI still has a chance to move forward in the approvals process, emphasizing the primacy of national laws over local ordinances.

“We are grateful for the executive order because it places emphasis on the primacy of national laws over local laws,” said Williams.

The DENR rejected in January its application for an ECC. SMI filed an appeal which was likewise rejected in May because of a standing ordinance of the South Cotabato provincial government banning the use of the open-pit mining method in the province.

In its appeal to the DENR, SMI had argued that the company had passed all the requirements for an ECC through an extensive impact study, even receiving the recommendation of the Environment Management Bureau (EMB) for the granting of the clearance.

It also argued that the ban imposed by South Cotabato on open-pit mining in inconsistent with national law.

In a decision dated May 22, the DENR denied SMI’s appeal concerning its ECC application saying it has no power to decide on the legality of the use of open-pit mining method. It said that before SMI’s ECC application would be considered, it should first resolve its issue with the South Cotabato government.After the rejection of its appeal, SMI had said it would elevate its appeal to Malacanang.

Williams said the company continues to dialogue with the South Cotabato provincial council to convince it to nullify the ban on open-pit mining.

The Mining Industry Coordinating Council (MICC), which crafted the IRR has delegated the task of harmonizing national and local laws to the Department of Interior and Local Government (DILG).

With the death of former Interior Secretary Jesse Robredo, the industry worries that efforts on harmonization would be derailed.

Williams said, however, that they expect the same commitment from newly-installed interior Secretary Mar Roxas.

“The former DILG Secretary Jesse Robredo has been open, open transparent and straight forward and we do not expect a change from the new DILG Secretary,” he said.