Gina Lopez: Decisions not dependent on stock prices

 

Gina Lopez: Decisions not 

dependent on stock prices

By: Dona Z. Pazzibugan / @inquirerdotnet

Philippine Daily Inquirer / 05:36 AM September 30, 2016

Environment Secretary Gina Lopez INQUIRER FILE PHOTO / NINO JESUS ORBETA

Environment Secretary Gina Lopez warned mining executives about the destructive impact of their operations when she met with them for the first time on Thursday since announcing that 30 of 41 mining projects face suspension for failing an environmental audit.

Lopez tapped presidential peace adviser Jesus Dureza, De La Salle University marine ecology professor Al Licuanan and environmentalist Philip Camara to lecture on marine degradation and socioeconomic fallout from mining operations during a two-hour meeting at the Department of Environment and Natural Resources in Quezon City.

“At the end of the day, I cannot make a decision based on stock prices,” Lopez was quoted by the DENR as saying during the meeting, which was off limits to media.

“I have no problem if you make money, unless you silt the river or make the people sick,” she said.Lopez reiterated her argument against destructive mining and spoke of “total economic valuation” to gauge the environmental impact of mining.

Lopez challenged the mining executives to invest in an “area development program” at their mining sites, saying that 82 percent of the profit, would go to the mining companies.

“What if you invest your SDMP (Social Development and Management Program) in area development that goes on even when you’re gone?” she asked.

Speaking in a conciliatory tone, Lopez said the DENR would help mining firms, especially those facing suspension, to comply with standards and regulations.

But she said mining operations that failed the DENR audit would be suspended “if the problems remain.”

Environment Undersecretary Leo Jasareno, who previously headed the Mining and Geosciences Bureau, said the mining companies were reminded to take an “integrated development approach.”

He said mining companies should extend help to affected communities and not just make them go on the dole.

Of 41 mining operations audited, the DENR said only 11 complied with environmental standards.

The agency earlier suspended 10 mining operations and recently recommended the suspension of 20 more, which were given seven days to answer and say why they should not be suspended.

“Those recommended for suspension should submit an explanation and we’ll see what will happen after that,” Jasareno said.

Credits-

DENR usec who led mining audit resigns

DENR usec who led mining

 audit resigns

By: Ronnel W. Domingo / @inquirerdotnet

Philippine Daily Inquirer / 01:34 AM October 13, 2016

Government efforts to clean up the mining industry will continue even if Senior Environment Undersecretary Leo Jasareno, who led the audit teams that recommended the suspension of 20 mine operators, is now out of the picture, Environment Secretary Gina Lopez said on Wednesday.

Jasareno, director of the Mines and Geosciences Bureau (MGB), resigned recently after President Duterte ordered all appointees of his predecessor, Benigno Aquino III, to vacate their posts.

Last week, Mr. Duterte appointed Wilfredo G. Moncano  acting director IV of the MGB, replacing Jasareno.

Proper policy direction

The Chamber of Mines of the Philippines (COMP) yesterday welcomed the appointment of Moncano, saying large-scale miners were confident that he would “set the proper policy direction” for the industry.

Moncano, the MGB said, has taken his oath and assumed his new office while remaining as director of MGB in the Davao region, a post he has been holding since July 30, 2015.

Environment Undersecretary Mario Luis J. Jacinto remains the chief of the MGB, as well as the supervising authority over the Environmental Management Bureau.

When Jacinto was appointed in late July, Lopez said Jasareno—Jacinto’s predecessor at the MGB—would continue to serve as senior undersecretary at the Department of Environment and Natural Resources (DENR).

Unabated

But even with Jasareno out, Lopez said the mine audit “goes on, unabated.”

When asked whether she was trying to get another position at the DENR for Jasareno, Lopez said: “I have to meet the President. Leo (Jasareno) has done a splendid job, with integrity and efficiency.”

In a statement issued yesterday, COMP suggested better prospects with Moncano.

“We are looking forward to working with Director Moncano and are confident that he will set the proper policy direction needed to boost the industry,” said COMP vice president Ronald Recidoro.

“Under the strict mandate of the MGB, we are hoping to pour in another $20 billion worth of mining projects into the country’s economy for the next five years,” he said.

“This will have significant positive impact on communities as we implement our social development and management program,” he added.

Recidoro was referring to the SDMP, a requirement imposed on mine operators under the mining law.

CREDITS-

DENR to suspend 2 mining companies in Eastern Samar Environment Secretary Gina Lopez says even with the ongoing audi

DENR to suspend 2 mining companies in Eastern Samar

Environment Secretary Gina Lopez says even with the ongoing audit, she has not yet seen a model of responsible mining

Jee Y. Geronimo

@jeegeronimo

Published 3:01 PM, August 11, 2016

Updated 3:01 PM, August 11, 2016

MANILA, Philippines – The Department of Environment and Natural Resources (DENR) is set to issue suspension orders to two mining companies operating in Homonhon Island in Guiuan, Eastern Samar on Friday, August 12.

The DENR's ongoing audit revealed that Mt Sinai Mining Exploration and Development Corporation and Emir Mineral Resources Corporation committed several violations, enough to warrant suspension of their operations, Environment Undersecretary Leo Jasareno said in a news briefing on Thursday, August 11.

"[The violations are] siltation, discoloration of water, lack of drainage system, indiscriminate mining plans, [and] no reforestation," Jasareno said.

Jasareno, who heads the DENR's mining audit team, said Mt Sinai produces chromite, while Emir – a medium-scale mine – produces nickel. Emir produced 50,000 to 75,000 tons of nickel in 2015.

Mt Sinai, meanwhile, has voluntarily suspended operations "several months back" or earlier in 2016. Jasareno said the company was affected when the price of chromite dropped in 2015. It was also affected by Super Typhoon Yolanda (Haiyan).

"Nasira 'yung plant. The issue is, with the care and maintenance, 'di naayos ng mabuti, [kaya] kahit walang operations, may mga environmental impact. With the audit, obligado na silang mag-suspend," he explained.

(The plant was destroyed. The issue is, with the care and maintenance, they did not fix it properly, so even with suspended operations, it still has an environmental impact. With the audit, it is now obliged to continue suspension.)

To date, the DENR has already suspended 8 mining firms since the audit on all existing mines in the country began in July:

• BenguetCorp Nickel Mines Incorporated
• Eramen Minerals Incorporated
• LNL Archipelago Minerals Incorporated
• Zambales Diversified Metals Corporation
• Berong Nickel
• Citinickel
• Claver Minerals
• Ore Asia Mining Development Corporation

The audit is expected to end by mid-August. (READ: Duterte: 'Amend, suspend, revoke' environmental permits, if needed)

On Thursday, Environment Secretary Gina Lopez said even with the ongoing audit, she has not yet seen a model of responsible mining.

"I know one thing: For after a hundred years of mining in this country, we don't even have one – not even one – rehabilitated mine site. Not one, that I'm sure of. We don't have one mine which is beautiful, the people are happy, the economy has gone up," she said.

Lopez was a known anti-mining advocate prior to her appointment to the DENR. On Thursday, she revealed her plans to change her department's processes when it comes to the issuance of environmental compliance certificates.

Credits – Rappler.com

Writ of Kalikasan filed vs mining firms, Zambales, DENR officials

CCOS chairman Dr. Ben Molino and his co-petitioners say the continued mining operations in Sta. Cruz, Zambales violate RA 7942, otherwise known as the Mining Act of 1995, and its implementing rules and regulations

Randy Datu

Published 8:30 AM, May 25, 2016

Updated 8:30 AM, May 25, 2016

WRIT OF KALIKASAN. Before nickel mining started in 2007, around 2000 hectares of farmland could be irrigated, and this year it is down to 800 hectares. Photo by Randy Datu

SANTA CRUZ, Zambales - Residents of Santa Cruz in Zambales and neighboring Infanta in Pangasinan, led by anti-mining advocate Concerned Citizens of Sta. Cruz (CCOS), filed before the Supreme Court on Friday, May 20, a Writ of Kalikasan case against 5 operating mining firms, officials of the provincial government of Zambales.

The CCOS also filed cases against several officials of the Department of Environment and Natural Resources (DENR) and two of its bureaus – the Mines and Geosciences Bureau (MGB) and the Environmental Management Bureau (EMB) – in an attempt to end destructive mining operations in the province.

Officers and directors of Benguet Nickel Mines, Inc. (BNMI), Eramen Minerals, Inc (EMI), LnL Archipelago Minerals, Inc. (LAMI), Zambales Diversified Metals Corp. (ZDMC) and Shangfil Mining and Trading Corp. (SMTC) were named as respondents, along with DENR Secretary Ramon Paje; outgoing Zambales governor Hermogenes Ebdane, Jr. ; MGB director Leo Jasareno; former acting Region3 MGB director Atty. Danilo Uykieng; MGB-Region 3 OIC Lope Carino, Jr.; EMB director Atty. Juan Miguel Cuna; EMB-Region 3 director Lormelyn Claudio; and outgoing Sta. Cruz municipal mayor Consolacion Marty.

MGB Multipartite Monitoring Team chief Engr. Lauro Garcia, Jr., former EMB3 Multipartite Monitoring Team head Engr. Dennis Celestial, Provincial Environment and Natural Resources Office (PENRO) - Zambales OIC Laudemir Salac, Community Environment and Natural Resources Office (CENRO) Zambales OIC Raymond Rivera, members of the Sangguniang Panlalawigan ng Zambales, members of the Sangguniang Bayan of Sta. Cruz and PCInsp Orlando Reyes, Sta. Cruz police station chief were likewise included as respondents. 

Luisito Marty, incoming Sta. Cruz municipal mayor and who was also the mayor during the time mining operations started in Sta. Cruz, was also included as one of the respondents.

In their petition before the High Court, CCOS chairman Dr. Ben Molino and his co-petitioners said the continued operations of the mining companies in Sta. Cruz, Zambales violate RA 7942, otherwise known as the Mining Act of 1995, and its implementing rules and regulations.

The petitioners said mining operations have caused much destruction in the mountains, watershed, forests, farmlands, water systems and livelihood of all residents of Sta. Cruz and posed continuing threat to their lives.

The petitioners cited the destructive impact of a number of typhoons in the past few years due to unsystematic mining operations in the town.

Petitioners also accused the public respondents named to have been remiss in the performance of their duties in implementing existing environmental laws and regulations.

The petitioners claim they have been insisting on assessing the whole of Sta. Cruz, Zambales and its neighboring municipalities for the extent and magnitude of the damage to its environs but “both public and private respondents have not acceded to such request as it will expose the utter destruction and the sorry state that Sta. Cruz is now.”

Petitioners also said DENR, MGB and EMB may have issued warnings and even suspensions on the violations committed by the mining firms but these “in reality exist only on papers.”

“Mining firms BNMI, EMI, LAMI, ZDMC and Shangfil have chosen to refuse government notices to stop polluting the environment,” the petitioners alleged.

They added that the DENR’s administrative order number 2010-1, the IRR of RA 7942, specifically sections 3 and 39 provides that the government’s environment agency shall adhere to the principle of sustainable development which meets the needs of the present without compromising the ability of the future generations to meet their own needs, with the view of improving the total quality of life, both now and in the future.

The petitioners say “Evidently, the violations reveal that the operations have not been pro-environment nor pro-people.

The residents of Sta. Cruz and its neighboring municipalities have unceasingly bore the brunt of the catastrophe of this environmental destruction,” it added.

“Consequently, instead of creating sustainable wealth and improving the quality of life of the residents, with the exception of the private respondents and other public respondents who benefitted from it, the lives of the residents have deteriorated,” a portion of the petition stated.

Petitioners claim their farmlands and fishponds have dried up and. The rivers and the seas have been infiltrated with laterites.

They also said air pollution has become manifest and the incidence of asthma and other air borne diseases have spread.

“Worse, the trees that used to protect the inhabitants in the area are gone – causing heavy floods and lateritic mud flow during heavy rains,” the petitioners added.

The petitioners urged the High Tribunal to immediately issue a Temporary Environmental Protection Order and direct the mining firms to immediately take steps which will stop the contamination of farms, villages, and water sources of Sta. Cruz due to unsystematic mining operations and for the PNP Sta. Cruz to enforce environmental laws which include apprehension of violators of mining laws, among others.

The petitioners also asked the High Court after trial on the merits, that it render judgment against all respondents, granting the privilege of the Writ of Kalikasan and Writ of Continuing Mandamus, commanding relief by compelling DENR, MGB and EMB to perform their mandates, under the law, and to take short term and long term measures to conserve whatever remains of the farms and villages of Sta. Cruz and Infanta.

This includes but is not limited to the following: deploying personnel to guard against further polluting of farms and fishponds, unsystematic mining activities, illegal excavations and other forms of mining operations; formulating a comprehensive plan to stop the pollution/contamination of water sources, fishponds and farms resulting from the unsystematic mining operations; beginning the necessary actions for the cancellation of Environmental Compliance Certificates (ECCs) issued to the respondent mining firms.

Petitioners urged the High Tribunal to issue a moratorium for the suspension of all mining operations in Sta. Cruz and to recall or cancel all mining and explorations permits, whether engaged in small or large scale operations, issued to all entities, including those who are not respondents in this case.

Petitioners urged SC to make respondents BNMI, EMI, LAMI, ZDMC, Shangfil, to rehabilitate the portions of farms, fishponds, water sources and other environs which are affected by their unsystematic mining operations; and to undertake at their own expense measures to minimize, and if possible, prevent further contamination of farms, fishponds and water sources.

The petitioners also asked to High Court to order the mining firms to pay fines and penalties as may be prescribed by law, such as but not limited to the setting a rehabilitation fund in the amount of P25 billion as well as to direct DENR through EMB and MGB to make periodic reports on the execution of the final judgment.

Credits – Rappler.com

Gina Lopez: Philippine Mining Act an 'unfair' law

'We have to change that,' the environment secretary says of the Mining Act of 1995. She says the law is 'skewed towards the mining sector, and not towards our people.'

Jee Y. Geronimo

@jeegeronimo

Published 12:04 PM, July 12, 2016

Updated 12:04 PM, July 12, 2016

MANILA, Philippines – Environment Secretary Gina Lopez believes it's time to change the Philippine Mining Act since she said it's an "unfair" law that is "skewed towards the mining sector, and not towards our people."

"We have to change that.... Sabi [ng mining companies] they're giving to economy. What? Out of P35 billion net, P29 billion pumupunta sa mining company, only P6 billion goes to the country, and out of that P6 billion, kaunting-kaunti [ang] pumupunta sa komunidad, like almost nothing," Lopez said in a DZMM interview on Tuesday morning, July 12.

(We have to change that. Mining companies say they're giving to the economy. What? Out of P35 billion net, P29 billion goes to the mining company, only P6 billion goes to the country, and out of that P6 billion, a very small amount goes to the community, like almost nothing.)

Environmental groups have also called on policymakers to repeal the Mining Act of 1995. They want a law that would protect the rights of Filipino mining workers, local communities, and state interests. (READ: TIMELINE: Philippine mining laws and policies)

Lopez, a known anti-mining advocate before her appointment as head of the Department of Environment and Natural Resources (DENR), again reiterated on Tuesday that she is not against the mining industry, but she's against the suffering of people in mining communities.

"You cannot build an economy, a company based on suffering. I will not allow it to happen in DENR," she said, as she again warned mining companies to get their act together. (READ: Lopez to DENR officials: 'Be proactive, inspire people')

Lopez immediately ordered an audit of all existing mines in the country on her first day as environment secretary.

A week after the audit, at least 4 mining companies have been suspended for violating environmental standards: BenguetCorp Nickel Mines Incorporated, Eramen Minerals Incorporated, LNL Archipelago Minerals Incorporated, and Zambales Diversified Metals Corporation.

The Supreme Court in June issued a Writ of Kalikasan against these mining companies, ordering them to defend themselves before the appellate court.

A Writ of Kalikasan protects the constitutional right to a healthy environment, as provided in Section 16, Article II of the Constitution, which states: "The state shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature."

'Audit will be fair'

On Tuesday, Lopez said these companies are not adhering to progressive rehabilitation, leaving people in Zambales to suffer "big time."

"There was a Writ of Kalikasan from the Supreme Court that recognizes that place is really environmentally vulnerable. And then we saw it really suffered. One, they cut 20,000 trees without a permit and then the community health was suffering, and if you see the pictures, the fish ponds dried up because of too much nickel going there," she said in a mix of English and Filipino.

"And the river was full of nickel, even the sea, I could see nickel there, and the rice fields [have] nickel. You can't do business while doing that."

Responsible mining, she reiterated, does not impede on the well-being of present and future generations.

Lopez said the ongoing audit is not just technical but also social and environmental, since the audit team also consists of agriculturists, fishery experts, water experts, and those involved in community development.

"The audit will be fair. I commit to the truth," she said, warning companies that violate the law that they will "face the consequences."

During the interview, Lopez revealed that President Rodrigo Duterte also does not like black sand mining. As for planned mining activities in Lobo town in Batangas, she said she will "never allow it, ever."

"That's the center of marine biodiversity sa buong planeta (in the whole planet). My God, how can you do mining there? Just this year, they found 138 new marine species. I will never, ever, ever allow mining there. Kailangan alagaan 'yan, jewel 'yan ng Pilipinas (We have to take care of that, that's a jewel of the Philippines)," she added.

Credits – Rappler.com

Mining in PH: What Gina Lopez, Duterte have said

He said, she said. Here's what Lopez and Duterte have so far declared on mining.

Gwen de la Cruz

Published 9:00 AM, July 24, 2016

Updated 9:00 AM, July 24, 2016

MANILA, Philippines - Since President Rodrigo Duterte appointed Gina Lopez secretary of the Department of Environment and Natural Resources, mining has become one of the most talked about issues in the country. (READ: Investors in mining panic over Gina Lopez appointment)

During their term, the Dutertes banned mining in Davao City. Meanwhile, Lopez, a known anti-mining advocate, has been involved in spats with big mining companies because of her strong statements against mining.

Coming from the Aquino administration, which created an executive order thatstressed the need to raise government's share in mining revenues and whichimposed a moratorium on new mining contracts, what possible changes could be seen in this sector in the next 6 years?

Here’s a rundown of what the Duterte administration has said so far about the mining industry.

1. 'Responsible' mining only

In the middle of his campaign sometime in February, Duterte expressed support for it, provided that companies follow "responsible" mining. He said mining companies should follow the environmental standards set by countries like Australia and Canada, or else, suffer sanctions. (READ: If elected, Duterte to allow responsible mining)

After being elected, he has since reiterated his stance.

Lopez, on the other hand, has been quoted as saying there is no such thing as responsible mining.

“If there is responsible mining why is it that wherever there is mining, there is poverty?” she said. “The poorest sites in the country are mining areas,” Lopez said in an Inquirer article.

In a separate interview, Lopez said that for mining to be called responsible, "you have to have the highest standards," referring to the mining companies' supposed adherence to ISO 14001 Certification as a measure of responsible mining.

2. Philippine Mining Act of 1995 is unfair

In one of her interviews, Lopez said of the Philippine Mining Act of 1995, it is “unfair” because it is "skewed towards the mining sector, and not towards our people." (READ: Gina Lopez: Philippine Mining Act an 'unfair' law)

"You cannot build an economy, a company based on suffering. I will not allow it to happen in DENR," she said.

3. Fair audit of mining companies

When she ordered an audit of all mining companies in the country, Lopez gave assurances everything will be based on fairness.

"The audit will be fair. I commit to the truth," she said, warning companies that violate the law they will "face the consequences."

The audit team, she added, will not only be technical, but also social and environmental, since it consists of agriculturists, fishery experts, water experts, and those involved in community development.

On her first day in office, Lopez ordered an audit of all mining companies in the country and has since suspended at least 4 of them.

When Duterte delivers his first State of the Nation Address on Monday, July 25, what will he say about his administration's mining policies? (READ: Duterte's 1st SONA: What we know about the awaited speech) 

Credits – Rappler.com