open pit ban stays for now

An update on the hearings into open pit mining in South Cotabato, the home of the Tampakan project:

http://www.bworldonline.com/content.php?title=Open-pit%20mining%20supporters%20fail%20to%20sway%20S.%20Cotabato%20board&id=24486

Open-pit mining supporters fail to sway S. Cotabato board

KORONADAL CITY -- Groups calling for a review of South Cotabato?s environment code failed to provide provincial board members in a public hearing last Wednesday "strong and convincing arguments" that amendments -- particularly the lifting of the ban on open-pit mining -- are necessary.
The hearing conducted by the board allowed five stakeholder groups to present their arguments.

But Jose M. Madanguit, vice-chairman of the two committees of the board that conducted the hearing -- those of environment protection and of justice and legal matters -- said in a phone interview yesterday that the arguments presented were not convincing enough.

No choice

The fate of Sagittarius Mines, Inc.?s (SMI) $5.9-billion copper-gold Tampakan project hangs in balance, since the code bans open-pit mining.

Sagittarius had argued that it does not have any choice when it comes to mining method, which is dictated by the kinds of minerals being extracted -- an argument backed by both the Mines and Geosciences Bureau (MGB) and officials of the Chamber of Mines of the Philippines.

"The majority of the members of the board are saying that many questions we raised were not answered (by the five groups)," Mr. Madanguit said.

The groups that submitted a petition to the board, after the code?s signing into law at the end of June last year, to review Section 22 that bans open-pit mining were: the Regional Mines Development Council (RMDC), Municipal Tribal Council of Tampakan; Provincial Tribal Council; the mayors of Kiblawan (Davao del Sur), Tampakan (South Cotabato) and Columbio (Sultan Kudarat) towns covered by Sagittarius Mines? project; and South Cotabato?s quarry operators.

Quarrying not covered

Mr. Madanguit said only quarry operators went home happy after the hearing. This sector had been worried by the code, since a quarry is sometimes described as a type of open-pit mine.

"The implementing rules and regulations are clear that quarrying operations will not be banned, except if quarrying is done in danger zones, as defined in the code," he said.

But Mr. Madanguit noted a review is still possible even when the code is already in effect.

"(The) board believes there is no law that is not amendable after all. All possibilities are open," he reiterated.

The board had earlier said it will conduct another hearing in the next two weeks to listen to the arguments of supporters of the ban.

Against national policy

MGB Regional Director Constancio A. Paye, Jr., who also heads the RMDC secretariat, argued that the code contradicts national policy that does not specifically ban any mining method.

"Open pit is only a mining method; thus, it is allowed by national law," he said referring to Republic Act 7942, or the Philippine Mining Act of 1995.

Interior and Local Government Secretary Jesse M. Robredo had ordered the South Cotabato government in November last year to suspend the enforcement of the ban, pending results of a review.

The government has argued that while local governments have the power to make laws that govern their constituents, these cannot contradict national laws.

Kiblawan Mayor Marivic C. Diamante, a lawyer, also argued during the hearing that the issue on the ban is within the ambit of national law.

Ms. Diamante has previously warned that the ban will affect poor municipalities that receive small internal revenue allotment, which constitute local governments? share in national taxes.

The Tampakan project is located within the ancestral domain of the Blaan indigenous groups found on the borders of South Cotabato, Davao del Sur and Sultan Kudarat.

Still committed

In a press statement, Sagittarius Mines said it remains optimistic that the issue would be resolved before it starts mineral extraction in five years. The project is still in exploration stage, hence, unaffected by the ban for now.

Mark Williams, Sagittarius Mines general manager, said in the statement that a continuing dialogue with all parties involved is key to solving the dispute.

"While the Tampakan project is not immediately impacted [sic] by the ban on open-pit mining, given it is still in the exploration phase, we continue to monitor this issue closely and engage with all stakeholders regarding the proposed development of the project," Mr. Williams said.

"SMI appreciated the significant show of support by host tribal communities and local government units for the Tampakan project during the hearing. We share their belief that a project of this magnitude undertaken by a company that is committed to the highest standards of sustainable development offers unprecedented opportunities for the region," he said.