Government tightening control over small-scale mining

MANILA, Philippines —  The government plans to strengthen its oversight of local small-scale mining operations, a sector that forms part of the overall mining industry, which contributes about 0.5 percent to the ountry’s gross domestic product (GDP).

The Department of Environment and Natural Resources (DENR) will hold an online public consultation today regarding the revision of its Administrative Order 2022-03, which contains the revised implementing rules and regulations of Republic Act 7076 or the People’s Small-Scale Mining Act of 1991.

The draft measure clarifies licensing requirements for small-scale miners and mineral processors, ensuring compliance with environmental rules, proper management of mining areas and protection of workers and indigenous communities.

It also defines the management of Minahang Bayan – areas officially declared for small-scale mining.

Operators are required to submit five-year work programs covering mineral processing, environmental management and community development activities.

Rules for handling mine waste and mill tailings, including the use of tailings storage facilities, are also specified in the 30-page draft.

Licenses are valid for three years and may be renewed upon proof of completed safety and skills training.

All applications must include plans for mining operations, environmental protection and community development.

Small-scale mining contracts are awarded only after compliance with these requirements, including securing environmental clearances and certifications for areas within ancestral lands or domains.

Compressor mining, an underwater extraction method using pressurized air, will also be addressed, with all operators required to implement an annual safety and health program for miners and mineral processing workers.

The draft measure recognizes ancestral domains and ancestral lands to protect the rights of indigenous cultural communities and indigenous people.

It defines mineral processing zones and mineral processing licenses for operators running custom mills or small-scale mineral processing plants, giving authorities clear boundaries for monitoring operations and ensuring compliance with environmental and safety standards.

Provincial and city mining regulatory boards, local government units and the DENR’s Mines and Geosciences Bureau are assigned roles in monitoring and enforcement.

Violations of the proposed small-scale mining rules may be penalized with imprisonment of six months to six years.

The draft measure also allows the boards, MGB  and deputized personnel to confiscate and seize illegally sourced ores, minerals, mineral products, by-products, as well as equipment, tools and vehicles.