MGB orders strict enforcement of black sand mining rules

MANILA, Philippines - The national government has ordered local government chief executives to strictly enforce restrictions on black sand and beach mining to prevent the destruction of coastlines and stop the illegal extraction of minerals, the Mines and Geosciences Bureau (MGB) said yesterday.

The Department of Interior and Local Government (DILG), in coordination with the MGB, issued a memorandum circular on April 4 ordering provincial chief executives to cancel the sand and gravel permits of and file charges against entities who use their permits for black sand mining, those operating within prohibited zones, and small scale miners who engage in black sand mining.

The order also enjoins local government units to strictly ban the extraction of minerals in beaches.

“The order is meant to prevent any illegal extraction of black sand.

There are gravel and sand permit holders who use their permits to mine black sand,” said MGB director Leo Jasareno in a phone interview.

Local government units can issue two types of permit for the extraction of gravel and sand: Commercial Sand and Gravel Permit (CSGP) which is valid for one year renewable for one or more terms but not exceeding 25 years; and Industrial Sand and Gravel Permit (ISGP) valid for five years and renewable for one or more terms but not to exceed 25 years.

Citing Republic Act 265, also known as An Act Prohibiting the Extraction of Gravel and Sand from Beaches, the DILG noted that the extraction of gravel and sand are prohibited in beaches.

The DILG also cited the revised implementing rules and regulations of the Mining Act of 1995 which states that no mineral extraction shall be allowed within one kilometer from the boundaries of reservoirs established for public water supply, archaeological and historic sites, and any public works.

Likewise, mineral extraction is prohibited within 500 meters from the coast.

“The new mining policy (Executive Order 79) also stipulates that small scale mining shall only be conducted within Minahang Bayan areas. Small- scale miners are also prohibited from extracting iron,” said Jasareno.

As such, all local government units are instructed to strictly monitor and enforce compliance to the legal restriction and mining and quarrying activities and to coordinate with the MGB as needed.

The MGB has been coordinating with the National Bureau of Investigation (NBI) on stopping the illicit operations of black sand miners in several provinces such as Ilocos Sur, Ilocos Norte, and Cagayan among others.

Black sand extraction along beaches could erode coastlines, causing floods in coastal communities.

Black sand, or magnetite, is a component of steel production. Many black sand miners in the Philippines export to smelters in China.

The MGB is also laying down the groundwork for the establishment of more Minahang Bayan sites where small- scale mining activities would be confined.

The MGB has completed the proposed revisions to the implementing rules and regulations (IRR) of the Small- Scale Mining Act of 1991 that would pave the way for the declaration of more Minahang Bayan areas.

The IRR was revised pursuant to the provisions of the new mining policy that provides for the formalization of small- scale mining operations in the country.

There are only three established Minahang Bayan sites in the country with 10 applications awaiting approval by the MGB.

With the enforcement of the revised IRR, the operations of the small-scale miners would be placed under direct supervision of the MGB.

In the past, small -scale miners were regulated by local government units that lack the technical expertise in monitoring the operations of over 3,000 small miners nationwide.

In compliance with the new mining policy, small scale mining operations has been limited to the extraction of gold, silver and chromite. The use of hydraulic and compressor mining methods has been prohibited as well as the use of mercury in any phase of mineral processing.

There would be no limitations, however, on the extraction of non-metallic minerals.

Meanwhile,  Bluemax Tradelink Inc. said it is not involved in any illegal black sand mining activities Zambales.

The company said its only activity in Zambales particularly in Botolan is the exportation of lahar sand to Singapore for their massive reclamation project and that this is backed by all the necessary permits.

Bluemax described as black propaganda recent reports that they were among those companies doing questionable mining operations in Zambales especially the black sand mining.

“Bluemax is in the business of extracting lahar sand not black sand as erroneously reported in Botolan, Zambales,” the company said in a statement.

Lahar, the flow of volcanic debris that came from the Pinatubo eruption in 1991, is a perennial problem in the province of Zambales especially when the rainy season begins, Bluemax pointed out.

When rain mixes with the volcanic sand on the slopes of Pinatubo, it flows down as lahar clogging the river channels and overflowing to the fields and roads, it added. Lahar and sand practically destroys everything in its path.

The government, specifically the DPWH is incapable of extracting lahar from these areas due to lack of resources, so through provincial governments, it commissions private companies like Bluemax to do it for them practically for free, the statement said.