Friday, January 20, 2012

Some Information on Public Hearings related to Establishment, Disestablishent or Modification of Boundary of a Mineral Reservation

The texts in red below were copied from the DENR ADMINISTRATIVE ORDER  NO. 2010-2.

 
June 28, 2010
 
 
ADMINISTRATIVE ORDER 
NO. 2010-21
 
  SUBJECT: PROVIDING FOR A CONSOLIDATED DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES ADMINISTRATIVE
ORDER FOR THE IMPLEMENTING RULES AND REGULATIONS
OF REPUBLIC ACT NO. 7942, OTHERWISE KNOWN AS THE
“PHILIPPINE MINING ACT OF 1995”


(some parts not copied)

CHAPTER III
MINERAL RESERVATIONS AND GOVERNMENT RESERVATIONS
 
Section 9.  Establishment,  Disestablishent or Modification  of Boundary of a
Mineral Reservation
 
  In all cases, the Director shall conduct public hearings allowing all concerned
sectors and communities, interested Nongovernmental and People's Organizations, as
well as LGUs, to air their views regardi ng the establishment, disestablishment or
modification of any Mineral Reservation.  The public shall  be notified by publication in a
newspaper of general circulation in the province, as well as by posting in all affected
municipalities and barangays, at least thirty (30) days before said hearings are
conducted.

The recommendation of the Director shall be in writing stating therein the grounds for the establishment, disestablishment or  modification of any specific Mineral
Reservation and shall likewise be published  after submission to the Secretary.
 
  No recommendation of the Director shall be acted upon by the Secretary unless
the preceding paragraph has been strictly complied with.
 
  Upon the recommendation of the Director  through the Secretary, the President
may, subject to valid and existing rights, set aside and establish an area as a Mineral
Reservation when the national interest so requires, such as when there is a need to
preserve strategic raw materials for industries critical to national development or certain
minerals for scientific, cultural or ecological value.  The Secretary shall cause the
periodic review of existing Mineral Reservations by detailed geological, mineral and
ecological evaluation for the purpose of determining whether or not their continued
existence is consistent with the national interest and upon his/her recommendation, the
President may, by proclamation, alter or modify the boundaries thereof or revert the
same to the public domain without prejudice to prior existing rights.
 
  In the proclamation of such Mineral Reservations, all valid and existing mining
rights shall be respected.
  
(later parts not copied)

I live in the Poblacion area but I found out about the hearing a day before the event. I count myself lucky to find out about it.

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