By Gina
Dizon
BONTOC, Mountain Province – Tailings from
small-scale mine sites are slowly polluting rivers of this province with toxic
effluents even as foreigners are now
actively involved in transporting ore from the areas to Poro Point, La Union
for shipment to China.
This was bared in a recent forum of the
Cordillera Studies Center where use of cyanide and mercury by small scale
miners in Fidelisan, Sagada in a gold processing plant was reported
by affected folks in downstream Tetep-an and Tanulong barangays.
Traces of mercury have also been
noted from water coming from Amlosong River from the
Fidelisan mines in Sagada and Balitian River from the direction of the
Mainit mines in Bontoc flowing to the Chico River, said Kalinga Environment
officer Dominic Sugguiyao during a meeting with Kalinga and Mountain
Province officials to address Chico River pollution.
In said forum, regulation was urged to check
environmental effects of small scale mining in the province.
Farmers downstream Guinaang of upland Bontoc
where the Mainit mines are located and Tetep-an and
Tanulong where the Fidelisan mines are located upstream complained of decreased
rice harvest and death of marine life with the operations of the Mainit
mines upstream.
It was noted that folks downstream Masla and
Lubon in Tadian town also protested mining operations of upstream Mabalite
due to pollution along the Layugan River.
The Sanggguniang Bayan of Tadian also
noted miners in Mabalite do not have mining permits.
Tadian Mayor Anthony Wooden encouraged
small scale miners to apply to the PMRB and submit the necessary requirements
to make their operations legal.
Gov. Leonard Mayaen who sits as vice
chairman of the Provincial Mining and Regulatory Board and PMRB
chair Mines and Geo Sciences Bureau
regional director Fay Apil urged small scale miners to secure mining
permits to make their livelihood legitimate.
Apil in a recent meeting with small scale
miners and local officials said small scale miners were being
reported to the MGB for illegally transporting mine tailings and mine ores
without ore transport permits.
Ore transport permits as required by the
Mining Act of 1995 are issued by the PMRB upon registration of small scale
miners either as individuals or as cooperatives for small scale mining
contracts.
A small scale miner who requested anonymity
and who goes into mine tailings transport business said he faced difficulties
in police check points along the road when transporting mine tailings.
The miner stopped transporting mine tailings
and sold these instead to buyers who bring these to Poro Point for shipment to
China, it was learned.
Others who buy mineral ores had their
load impounded in police checkpoints and charges filed against them.
Bangladeshi Melon Anike Hussein and
truck driver Jeffrey Beadoy were charged for illegal transport of
mine ore sourced from Mainit, Bontoc early last year.
The case was eventually pulled off by police-
complainants.
Others pass via farm to market
roads where there are no check points.
Some one thousand small scale miners
operating in at least five mining areas in the province are
not registered with the PMRB and don’t have mining permits particularly
miners in Fidelisan of northern Sagada; Mainit and Matiem, Balili in
Bontoc; Maliten in Besao; and Mabalite and Bunga in Tadian.
The PMRB, by virtue of the Peoples Small
Scale Mining Act of 1991, is chaired by the DENR/MGB regional director, vice
chaired by the provincial governor or representative, and
member-representative each from small scale miners, large scale miners
and an environmental NGO.
Under direct supervision and control of
the DENR Secretary, the PMRB declares existing gold
rush areas as small scale mining areas and reserve future and other
small scale mining areas.
PMRB also awards contracts,
formulates rules and regulations and settles disputes,
and performs other functions necessary to achieve objectives of RA 7076.
RA 7076 defines small scale mining as
that which “relies heavily on manual labor using simple implement and methods
and do not use explosives or heavy mining equipment.”
Mountain Province-based miners use
blasting equipment in their operations and compressors.
In an interview, MGB director Apil said equipment
used by miners operating in Mountain Province are not heavy like what
large scale mining companies use so they may still be
referred to as small scale miners.
Although Apil said Implementing Rules and
Regulations (IRR) of RA 7076 in relation to the recently
issued EO 79 is being amended, she urged small scale miners
and other stakeholders to forward their recommendations on the amendment of
the IRR of said RA 7076 to the PMRB for appropriate action.
EO 79 provides that grantees of mineral
agreements such as exploration permits, “shall have the rights under the
said laws, rules, and guidelines over the approved exploration area and shall
be given the right of first option to develop and utilize the minerals in their
respective exploration area” practically letting small scale miners who have
not applied for any permit edged out from their mining sites they have
mined for quite some time.
Mayaen said “cleansing” is made on mining
applications not operational within five years, rendering affected
applications ineffective.
SSM groups were encouraged to organize
into cooperatives to qualify for peoples small scale mining contract or
Minahang Bayan.
There are currently four small
scale organizations in the province: Avoos SSM in Mainit, Bontoc;
Matiem Pocket Miners Association in Balili, Bontoc; Maliten SSMA in
Maliten, Besao; Sagada Northern Barangays Miners Association in northern Sagada
and an SSM group in Mabalite and
Bunga in Tadian.
The PSSM Act encourages formation of
cooperatives to be qualified for issuance of a permit for a minahangbayan
or a SSM contract.
The PSSM Act requires a mining plan, payment
of taxes, and permits on tree cutting, processing and pollution control.
This, aside from the free prior and informed
consent (FPIC) of affected communities.
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