DENR asked to clarify functions under Mining Act vis-à-vis Local Code

Gov. Josie dela Cruz Bulacan

Given the current thrust at empowering and strengthening the autonomy of local government units, the League has requested the DENR to clarify its functions under the Mining Act vis-à-vis the provisions of the Local Government Code.

Citing the case of the DENR’s cancellation of small-scale mining permits issued by the Provincial Government of Bulacan as example, Gov. Josefina M. dela Cruz sponsored a resolution asking the DENR to review its functions under the Mining Act.

She lamented that in implementing the Mining Act of 1995, the DENR has been violating the provisions of the Local Government Code of 1991 and the People’s Small Scale Mining Act of 1991 (RA 7076).

Dela Cruz said that the LGC and RA 7076 vests the LGUs with the authority to issue permits for small-scale mining, and the corresponding Environment Compliance Certificate (ECC) for the purpose is necessarily devolved to the LGUs.

She explained that the concerned Provincial Mining and Regulatory Board determines and declares the areas for people’s small-scale mining, and the permits are only made upon the endorsement of the PMRB.

The Province of Bulacan has been protesting the actions of the DENR in the issuance of mining permits and suspension of transfer permits of mining products. (AJS)

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