DENR recognizes LGUs’ power to issue quarry permits, but…

The Department of Environment and Natural Resources (DENR) has backtracked on its earlier position and recognized the authority of local government units (LGUs) to issue quarry permits to small-scale miners.

However, it clarified that this only applies to quarry applications for areas of five hectares and below and outside mineral reservations and watersheds.

Although Mines and Geosciences Bureau (MGB) director Horacio Ramos agreed that such an authority of LGUs is mandated under the Local Government Code, he said Environment and Natural Resources Secretary Angelo Reyes made the correct move when he cancelled the quarry permits issued by the Bulacan provincial government.

Ramos said mineral reservations are under the jurisdiction of the national government, and thus quarry permits within these areas need the approval of the DENR secretary.

"Mining operations in existing mineral reservations and such other reservations as may thereafter be established shall be undertaken by the (DENR) or through a contractor," he said.

Bulacan Gov. Josefina de la Cruz earlier dismissed as a "comedy" the DENR’s order suspending the quarry operations of Rosemoor Mining and Development Corp. (RMDC) in San Miguel town, and cancelling all quarry permits issued by the provincial government.

De la Cruz argued that the DENR should not have merely suspended Rosemoor’s operations. She added that the quarry permits that the DENR cancelled had long expired.

She maintained that Rosemoor’s mineral production sharing agreement (MPSA) should have been revoked since the company acquired it illegally.

Invoking the mining law, De la Cruz defended the quarry permits granted by the provincial government.

De la Cruz insisted that Reyes’ jurisdiction was only over Rosemoor’s MPSA and not the quarry permits, asserting that Section 71 of the Philippine Mining Act of 1995 authorizes provincial governors to grant such permits.

She added that the authority to issue permits and licenses to small-scale miners is a function devolved to the LGUs.

However, she said quarry permits are first scrutinized and deliberated upon by members of the provincial mining and regulatory board, which the regional MGB director chairs.

The board has four representatives from the governor’s office, small-scale and big-scale miners’ groups, and a non-governmental organization.

"The governor only approves the issuance of permits and licenses upon the endorsement of this board created through Republic Act 7076, in accordance with the merits of the submitted requirements. The law authorizes the governor to follow this mandate," De la Cruz said.

She said the DENR’s earlier move "was used to pass judgment on a governor."

De la Cruz threatened to file libel and harassment charges against Reyes, who she accused of "(using) his power to malign me."

Ramos, however, debunked De la Cruz’s claims, saying that Reyes’ order was never intended to malign her since it was based on facts.