Out of country at the moment, so haven't had time to deal with all of it yet: but a new DENR AO as a consequence of EO79 (the policy) has been signed off. Here are the relevant clauses relating to the ban:
Sorry, no formatting -
Section 15. Consistency of Local Ordinances with the Constitution
and National Laws/LGU Cooperation
The Department of the Interior and Local Government (DILG) and
the LGUs are hereby directed to ensure that the exercise of the latter’s
powers and functions is consistent with and conform to the regulations,
decisions, and policies already promulgated and taken by the National
Government, the Constitution and national laws relating to the
conservation, management, development, and proper utilization of the
State’s mineral resources, particularly RA No. 7942 and its implementing
rules and regulations, while recognizing the need for social acceptance
of proposed mining projects and activities.
LGUs shall confine themselves only to the imposition of reasonable
limitations on mining activities conducted within their respective
Approved by MICC, 10 September 2012
Page 15 of 17
territorial jurisdictions that are consistent with national laws and
regulations.
Government agencies concerned, in particular the DENR, the
Department of Budget and Management (DBM), and the DOF, are
hereby directed to ensure the timely release of the share of LGUs in the
National Wealth pursuant to Section 289 of RA No. 7160, or the Local
Government Code of 1991. These agencies are likewise directed to
study the possibility of increasing LGUs’ share as well as granting them
direct access similar to existing arrangements with the Philippine Export
Zone Authority (PEZA).
LGUs, DENR, and the MGB working together shall strictly
implement RA No. 7076, to ensure the protection of the environment,
address various issues in small-scale mining, and ensure that violators
thereof are subjected to appropriate administrative and criminal liability.
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