Loacan pocket miners gets green light
THE LOACAN Itogon Pocket Miners Association (LIPMA) in Ampucao, Itogon was cleared and it is set to be declared by Mines and Geosciences Bureau of the Department of Environment and Natural Resource (MGB-DENR) as the first minahang bayan (MB) in the Cordillera region after successfully going through the rigorous process of application.
Engr. Alfredo Genetiano of MGB Cordillera said the National Commission on Indigenous (NCIP) has given the Certificate of None Overlap, aside from the signed clearance by DENR Undersecretary Rodolfo Garcia. These are requirement provided in Republic Act 7076 or the People's Small-Scale Mining Act of 1991, also known as the Minahang Bayan Law.
During the recent meeting of the Regional Development Council Sectoral Committee on Watershed and Environmental Management, Genetiano reported that as of February 28, 2019 there were 54 applications for MB in the region.
Benguet has the highest with 18, Apayao with 14, Abra has seven, six in Baguio City, five in Mountain Province, and two each in Ifugao and Kalinga.
Genetiano said 18 MB applications were endorsed by the regional office to the central office for the initial review of their documentary requirements and their compliance with existing laws, rules and regulations.
There were five applications endorsed to the MGB-Central
Office for endorsement to the Office of the Secretary for clearance.
So far, he said there are already three recipients of a cleared area - one in Apayao province, one in Benguet (Gambang, Bakun) and one in Mountain Province.
He also reported that the six applications from Baguio City were returned by MGB – CO for reasons that the area applied for MB falls within a tourism destination area, watershed area so it is closed for mining application.
Genetiano clarified that the areas with clearances are subject to the proof of compliance to NCIP requirement prior to the declaration of the area into a MB by the Provincial Mining Regulatory Board.
Earlier, the Regional Development Council (RDC) in the region approved a resolution earnestly requesting Environment Secretary Roy Cimatu to faessary cilitate the simplification of the requirements and approval process including the issuance of the Environmental Compliance Certificate for the declaration of MB in the region.
With the present procedure, small-scale miners find it difficult to comply with the requirements for the approval of MB.
MB applicants have to comply with requirement provided in the Minahang Bayan Law, which states, among others that small-scale mining operations must be done only within the declared area for such purpose.
This is apart from the Indigenous Peoples Rights Act of 1997 (IPRA Law), which states that Indigenous Cultural Communities or Indigenous Peoples have the right to Free and Prior Informed Consent prior to the conduct of any activity within their ancestral domain areas.