Posted on September 12, 2012 10:52:08 PMProvince ready for...

Posted on September 12, 2012 10:52:08 PM

Province ready for mining policy case




KORONADAL -- South Cotabato officials are unfazed over the prospects of legal challenges to its controversial open-pit mining ban policy.
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Separately speaking over a local radio station on Tuesday, Governor Arthur Y. Pingoy, Jr. and Vice-Governor Elmo B. Tolosa aired the local government’s readiness to defend the policy in court.

"That’s the right forum that can properly decide this once and for all," said Mr. Pingoy, referring to the open-pit ban that pro-mining groups argued contradicts the Mining Act of 1995, or Republic Act No. 7942.

Should a case be lodged, the governor said the matter would be referred to the provincial legal office for the defense of the ordinance, which poses an obstacle to the proposed $5.9-billion Tampakan copper-gold project of Sagittarius Mines, Inc.

Mr. Pingoy said the provincial government has been consistent in its stand that the local government has the power to put in place environmental protective measures as provided for in the Local Government Code.

The governor said the possible legal confrontation between the national government and the provincial government could have been avoided if only the former consulted the latter before the issuance of the mining contract to the proponent.

Mr. Pingoy has maintained that the open-pit ban will be implemented in the province until a court decides against it.

Mr. Tolosa said the Sangguniang Panlalawigan (provincial board) has been anticipating that the open-pit ban will be legally challenged.

"We welcome it [court case] although there could be some ways to resolve this problem," he said.

On top of the list to resolve the issue is for Sagittarius Mines to abandon the open-pit method and employ other means of mining, said Mr. Tolosa, the provincial board’s presiding officer.

He noted that the province did not ban mining, except for the open-pit method of extraction.

Sagittarius Mines has said the safest and most economical way to extract the minerals is through open-pit mining due to the shallow location of the deposits.

Mr. Tolosa cited the Local Government Code in asserting the legal basis for the open-pit ban.

The government on Tuesday issued rules on the new mining policy, Executive Order No. 79, which detailed areas closed to miners and guidelines on small-scale operations. -- Romer S. Sarmiento