Pulong: Make mining ban conform with Mining Act

By ARMANDO B. FENEQUITO JR.
Davao City Vice Mayor Paolo Z. Duterte directed the committee on rules and privileges, law and ordinances headed by councilor Bernard Al-ag to look for ways for the proposed total mining ban ordinance to conform with the national law on mining.
Duterte made the directive after Department of Interior and Local Government (DILG) legal officer lawyer Erwin Enad said in last week’s regular session that the proposal will be difficult to implement due to the existence of the Mining Act of 1995 which allows mining companies to explore and extract minerals in the country.
The vice mayor said the City Council wants to pass the total mining ban in the city since Mayor Rodrigo R. Duterte is firm in his opposition to mining.
The vice mayor, however, said if the ordinance is declared null and void, the ban on mining can still be implemented by simply not issuing business permits to mining companies.
“Unsaon man na nimo ng national law na mo sulod ang mining kung dili mi mo hatag og business permit (What is the use of the national law allowing the mining industry to enter if we will not issue a business permit)?” Paolo said.
He said if the companies insist on their exploration and extraction projects, the city is willing to face charges just to prevent the city from environment exploitation due to mining.
The City Council will continue the discussion on the proposed total mining ban in the city in its regular session today.
City council committee on environment and natural resources chair councilor Leonardo Avila III invited City Mining Regulatory Board chair Joel N. Catulong, Mines and Geosciences Bureau (MGB) 11 regional director Edilberto L.Arreza, and Strauss M. Fernandez of Alternate Forum for Research in Mindanao (AFRIM) Inc. to share their views on the mining ban.
Avila also invited City Planning and Development Office officer-in-charge Marcelino Escalada and Zoning Enforcement Division acting head engineer Mary Anne G. Orilla to present the identified critical protected areas declared under the watershed management ordinance.
Also invited is the Department of Tourism “to help us understand the National Tourism Development Plans in which there are certain areas considered as off-limits to mining. We would like to find out with the DOT,” Avila said.
Enad explained in last week’s plenary discussion that the proposal might be declared null and void because no local law supersedes national law.