Governor has no authority to issue quarry permits

First posted 01:49am (Mla time) July 25, 2006
Inquirer

http://news.inq7.net/archive_article/index.php?ver=1&index=1&story_id=11538
Editor's Note: Published on page A12 of the July 25, 2006 issue of the Philippine Daily Inquirer

THIS is a rejoinder to the letter of Ma. Gladys C. Sta. Rita, administrator of Bulacan's provincial government. (Inquirer, 7/17/06)

The provincial governor has no authority to issue a quarry permit inside mineral reservations without prior clearance from the secretary of the environment and natural resources.

In the case of the Biak na Bato Mineral Reservation, Proclamation No. 401 clearly states that the reservation, along with the Biak na Bato National Park and Watershed Forest Reserve, shall be under the direct control and administration of the secretary of environment and natural resources. Sec. 5 of the Philippine Mining Act of 1995 also clearly states, "Mining operations in existing mineral reservations and such other reservations as may thereafter be established, shall be undertaken by the Department or through a contractor." Sec. 15 of the implementing rules and regulations of the Mining Act states that government reservations are closed to mining applications unless prior written clearance by the agency concerned is secured.

The provincial governor has no authority to issue a quarry permit inside watershed forest reserves, since these areas are closed to mining applications.

The Biak na Bato Watershed Forest Reserve is closed to mining, pursuant to the provisions of Sec. 15.a.2 of the implementing rules and regulations of the Mining Act, to quote:
"The following areas are closed to mining applications: xxx 2. Old growth or virgin forests, proclaimed watershed forest reserves, wilderness areas, mangrove forests, tree parks, xxx."

The Provincial Mining Regulatory Board or PMRB is a body that is functionally within the jurisdiction of the Office of the Provincial Governor. Its main function is to evaluate and recommend to the governor applications for quarry permit, among other permits that are within the authority of the governor. In effect, while the regional director of the Mines and Geosciences Bureau acts as chair of the board, his actions are all within the direct control and supervision of the provincial governor.

. The cancellation of quarry permits issued by the governor in the Biak na Bato Mineral Reservation and Watershed Forest Reserve is very relevant to the suspension of the quarrying operation of Rosemoor. Gov. Josie de la Cruz must remember that the bigger issue is the impact of all quarrying operations on Biak na Bato. Any quarry permit issued in the area has an impact on Biak na Bato.

The statement that the governor is authorized to issue environmental compliance certificates (ECCs) pursuant to DENR Adm. Order No. 30, s. 1992 is gravely wrong.

That order devolved the authority to issue ECCs only under Kalakalan 20, a government program that has long been terminated. At the moment, only the President, environment secretary and the Environmental Management Bureau regional director possess the authority to issue ECCs.

HORACIO C. RAMOS, director, Mines and Geosciences Bureau, North Avenue, Diliman, Quezon City