Addendum:

Compliance with Environmental and Occupational Health and

Safety Regulations
For Large-Scale Mining
All Holders of permits and grantees of mineral agreements are
required to strictly comply with all the rules and regulations relating
to mine safety and health standards embodied under the Department
of Environment and Natural Resources (DENR) Administrative Order
No. 2000-98.
*Whenever an accident occurs in a mine resulting to the death of,
or in serious physical injury to one or more persons, the employer
or his duly authorized representative shall within twenty-four (24)
hours, immediately by the quickest means available, give notice
thereof, to the Mines and Geosciences Bureau (MGB) Director,
Regional Director, or their duly authorized representative/s.1
*Responsibilities of the employer:
Establish and provide for a safety and health office which is
independent from other offices under the direct and
immediate control and supervision of the mine(s) manager,
who shall be primarily responsible for the formulation and
effective implementation of the company's safety and health
program and enforcement of these rules and regulations.2
Provide an emergency response preparedness program for
reasonably foreseeable industrial and natural disasters, as
well as maintain a system of inspection to detect all hazards
of the mining operation(s).3

Section 1, Rule 2 of DENR Administrative Order No. 2000-98.

Section 3, Rule 12 of DENR Administrative Order No. 2000-98.

Section 21, DENR Administrative Order No. 2000-98.

 Provide hospitalization, medical facilities, and full treatment

to employees injured, including those who suffered from
occupational related diseases during the performance of their
work.4

Environmental Compliance
o For Exploration Permits (EPs), Mineral Agreements and
Financial or Technical Assistance Agreements (FTAAs) which
shall undertake exploration activities:
- Environmental Work Program (EWP) - details the
environmental impact control and rehabilitation activities
proposed during the exploration period including the costs to
enable sufficient financial resources to be allocated to meet
the environmental and rehabilitation commitments.
- Contractors are also required to submit an Environmental
Protection and Enhancement Program (EPEP), which
shall complement and not substitute for the requirement
for an ECC.5 Mineral Agreement or FTAA Contractors and
other Permit Holders shall submit, within thirty (30)
calendar days upon receipt of the ECC, an EPEP covering
all areas to be affected by mining development, utilization
and processing under their contracts.
The EPEP shall provide a description of the expected and
considered acceptable impacts and shall set out the life-ofmine environmental protection and enhancement strategies
based on best practice in environmental management in
mining. It shall include a statement on post-mining land
use potential for various types of disturbed land (inter alia,
pits, waste dumps, tailings-impounding structures and
infrastructure sites) and extend to the completion of the
commitments in the rehabilitation of the disturbed land in
a technically, socially and environmentally competent
manner.
4

Section 8, Rule 21, DENR Administrative Order No. 2000-98.

Section 169 of the Philippine Mining Act of 1995 Implementing Rules and
Regulations.
5

o Mineral Product Sharing Agreements (MPSAs) and FTAAs:

- Prior to their development stage, mining contractors who
undertake these activities are required to obtain an
Environmental Compliance Certificate (ECC)6 and go
through an Environmental Impact Assessment (EIA)7.
o In addition, all contractors/permit holders shall incorporate in
their mine organization structures a Mine Environmental
Protection and Enhancement Office (MEPEO), which shall set
the level of priorities and marshal the resources needed to
implement environmental management programs.
Changes introduced by Executive Order 798 on the environmental
aspect of Mining Activities under the Philippine Mining Act of 1995
In addition to the areas closed to mining applications as provided
under Section 19 of the Mining Act has been expanded by Executive
Order No. 79 to include the following:

Section 3(d) of DENR Administrative Order No. 2003-30: document issued by

the DENR/EMB after a positive review of an ECC application, certifying that
based on the representations of the proponent, the proposed project or undertaking
will not cause significant negative environmental impact. The ECC contains
specific measures and conditions that the project proponent has to undertake before
and during the operation of a project, and in some cases, during the project's
abandonment phase to mitigate identified environmental impacts.
6

Section 3(h) of DENR Administrative Order No. 2003-30: Environmental Impact

Assessment (EIA) a process that involves evaluating and predicting the likely
impact of a project (including cumulative impact) on the environment during
construction, commissioning, operation, and abandonment. It also includes
designing appropriate preventive, mitigating and enhancement measures
addressing these consequences to protect the environment and the communitys
welfare. The process is undertaken by, among others, the project proponent and/or
EIA Consultant, EMB, a Review Committee, affected communities and other
stakeholders.
7

Institutionalizing And Implementing Reforms in The Philippine Mining Sector

Providing Policies and Guidelines To Ensure Environmental Protection and
Responsible Mining in the Utilization of Mineral Resources (July 6, 2012).
8

1) Protected areas categorized and established under the National

Integrated Protected Areas System (NIPAS) under Republic Act
No. 7586;
2) Prime agricultural lands, in addition to lands covered by
Republic Act No. 6657 (Comprehensive Agrarian Reform Law),
including plantations and areas devoted to valuable crops, and
strategic agriculture and fisheries development zones and fish
refuge and sanctuaries declared as such by the Secretary of the
Department of Agriculture;
3) Tourism development areas, as identified in the National
Tourism Development Plan; and
4) Other critical areas, island ecosystems, and impact areas of
mining as determined by current and existing mapping
technologies, that the DENR may hereafter identify pursuant to
existing laws, rules, and regulations and the terms and
conditions of the grant thereof.
5) Implementation of ensuring environmental compliance is now
not solely the responsibility of the National Government.
Enforcement will now be done in coordination with Local
Government Units (LGUs). The LGUs shall, however, confine
themselves only to the imposition of reasonable limitations on
mining activities conducted within their respective territorial
jurisdictions that are consistent with national laws and
regulations.
6) Existing mining operations will now be placed under review by
a multi-stakeholder team led by the DENR. Likewise, the use
of mercury in small-scale mining is strictly prohibited and
small-scale mining shall be confined only to declared peoples
small-scale mining areas or Minahang Bayan.