Republic of the Philippines

Department of Environment and Natural Resources

Visayas Avenue, Diliman, Quezon City
Tel. Nos. (632) 929-66-26 to 29 (632) 929-62-52
Website: http:/www.denr.gov.ph / E-mail: [email protected]

DENR ADMINISTRATIVE ORDER

NO. 2022- O4

SUBJECT: ENHANCING BIODIVERSITY CONSERVATION AND

PROTECTION IN MINING OPERATIONS

Consistent with the provisions of Republic Act (RA) No. 7942l, RA No. 7 0 7 6 ~RA~ No.
9 1 4 7 ~RA
~ No. 7 ~ 8 as.amended
6~ b RA No. 1 1 0 3 8 ~RA
~ No. 83716, RA No. 9 0 7 2 ~RA~ . No.
~ No. 9275', .RA No. 874g11,RA No. 696911,RA No. 716012, RA No. 855013,RA No.
9 0 0 3 ~RA
1065414,Presidential Decree (PD) No. 158615,PD No. 70516, as amended, Executive Order (EO)
No. 578 s. 200617, EO No. 533 s. 200618, EO No. 79 s. 2012~'~ EO 270 s. 2004~' and EO No.
130 s. 202121, and their respective implementing rules and regulations, and pursuant to DENR
Administrative Order (DAO) No. 2016-1222,DENR Memorandum Circular (DMC) No. 2016-
745,23 and other pertinent laws, rules and regulations, this Administrative Order is hereby
promulgated for the information, guidance and compliance of all concerned.

SECTION 1. Basic Policy. It is the policy of the State to protect and advance the rights
of the eople to a balanced and healthful ecology in accord with the rhythm and harmony of
nature2? . It is also the policy of the State to promote responsible mining that adheres to the

"Philippine Mining Act of 1995"

"People's Small-scale Mining Act of 1991"
"Wildlife Resources Conservation and Protection Act"
"The National Integrated Protected Areas System Act of 1992"
5 "Expanded National Tntegrated Protected Areas System Act of 2018"
"The Indigenous People's Rights Act of 1997"
' "National Caves and Cave R e s o ~ c e Management
s and Protection Act"
"Ecological solid Waste Management Act of 2000"
' "Philippine Clean Water Act of 2004"
l o "F'hilippine Clean Air Act of 1999"
'' "Toxic Substances and Hazardous and Nuclear Waste Control Act"
l2 "Local Government Code of 1991"
l3 "Philippine Fisheries Code of 1998"
l4 "An Act to Prevent, Deter ~d Eliminate Illegal, Unreported and Unregulated Fishing, Amending Republic Act
No. 8550"
l 5 "Establishing an Environmental Impact Statement System including other Environmental Management Related
Measures and for Other Purposes"
16"~evisedForestry Code of the ~ h i l i ~ ~ i n e s " .
l 7 "Establishing the National Policy on Biodiversity"
l8 " ~ d o ~ t Integrated
in~ Coastal Management as a National Strategy"
l9 "Institutionalizing and Implementing Reforms in the Philippine Mining Sector to Ensure Environmental
Protection and Responsible Mining, Particularly on the Full Enforcement of Environmental Standards in Mining
20 "National Policy Agenda on Revitalizing Mining in the Philippines"
'21 "Amending Section 4 of Executive Order No. 79 S. 2012"
22 "Adopting the Philippine Biodiversity Strategy and Action Plan (PBSAP) 2015-2028"
23 "Integration of Biodiversity in the Planning, Implementation and Monitoring of Development Projects and
Tenurial Instruments Issued by the DENR"
24 Article 2, Section 16 of The 1987 Constitution of the Republic of the Philippines,
principles of sustainable development including biodiversity conservation and with due regard to
justice and equity while contributing to economic growth.

SECTION 2. Objective. This Order aims to provide adequate measures for responsible
mining towards ensuring biodiversity conservation and protection including progressive and final
rehabilitation of mined-out areas. It also aims to minimize negative impacts on biodiversity and
ensure its conservation of biodiversity, thereby promoting the sustainable development and
utilization of the country's natural and mineral resources for the benefit of present and future
generations.

SECTION 3. Coverage. This Order shall apply to all stages of on-shore and off-shore
mining operations.

SECTION 4. Definition of Terms. As used in this Order, the following terms shall be
defined and/or construed as indicated below:

a. Biodiversi$' - the variability among living organisms from all sources including,
inter alia, terrestrial, marine and aquatic ecosystems and the ecological complexes
. of which they are part. This includes diversity within species, between species and
of ecosystems;

- ~involves the utilization of resources

b. Biodiversity-fiiendly enterprise ( B D F E ) ~
leaning towards sustainability and further enhancement of resources in which the
community will have an increased appreciation. of biodiversity through its
ecosystem services;

c. Detailed ~ x p l o r a t i o n- ~is~conducted to delineate with a high level of confidence

the volume, tonnage and grade of the mineral deposit. The main activities consist
of detailed geologic mapping and geochemical sampling at closer spaced and '

adequate observation points, and additional extensivelintensive drilling in the

highly mineralized areas. The desired target is Measured Mineral Resource;

d. eve lop men?^ - the work undertaken to explore and prepare an ore body or a
mineral deposit for mining, including the construction of necessary infrastructure
and related facilities;

e. Ecological restoration - the process of managing or assisting the recovery of an

ecosystem that has been degraded, damaged, or destroyed as a means of
sustaining ecosystem resilience, and conserving biodiversity, (cBD)~';

f. Ecosystem gooh and services3' - refers to the multitude of material and

nonmaterial provisions and benefits of healthy ecosystems necessary for human
sustenance, well-being, and survival, including support processes, provisioning
and environment regulating services, and cultural resource preservation services;

25 RA 11038, Section 4(a)

26 DENR A0 No. 2021-13, Section 4(c)
27 IRR of Philippine Mineral Reporting Code
28 RA 7942, Chapter 1, Section 3.
29 United Nations Convention on Biological Diversity (CBD/COP/DEC/XIII/5, 10 December 2016)

30 RA 11038, Section 4 (i)

Page 2 of 13
 g. Endemic species3' - refers to species or subspecies of flora and fauna which are
naturally occumng and found only within the country or specific areas in the
country;

h. Environmental Impact Assessment ( E U ) ~-~the process of predicting the likely

environmental consequences of implementing projects or undertakings and
designing appropriate preventive, mitigating, and enhancement measures;

i. Environmental Protection and Enhancement Program ( E P E P ) ~ -~ the

comprehensive and strategic environmental management plan for the life of the
mining project on which Annual Environmental Protection and Enhancement
Programs (AEPEPs) are based and implemented to achieve the environmental
management objectives, criteria and commitments including protection and
rehabilitation of the disturbed environment;

, j. Environmental Work Program ( E W P ) ~- ~the comprehensive and strategic

environmental management plan to achieve the environmental management
objectives, criteria and commitments including protection and rehabilitation of the
disturbed environment during the exploration period;

k. Exotic species35 - species or subspecies which do not naturally occur in the

country;

1. ~ x p l o r a t i o n-~searching
~ or prospecting for mineral resources by geological,
geochemical and/or geophysical surveys, remote sensing, test pitting, trenching,
drilling, shaft sinking, tunneling or any other means for the purpose of
determining their existence, extent, quality and quantity and the feasibility of
mining them for profit;

m. Final Mine Rehabilitation andor Decommissioning Plan (FMWDP) - a plan for

returning the mine sites and affected areas to viable and, whenever practicable,
self-sustaining ecosystems that are compatible with a healthy environment and
with human activities;

n. Flagship species37 - species of wild flora and fauna which can be used as
emblems of conservation for a certain community/facility/region owing to its
outstanding characteristics, occurrence, importance to the system, capacity to
attract attention and contribution to the most important conservation areas;

o. Forest over ultramajc rockl8- also known as ultramajc forest, which is found on
rocks with very low ,silica content, high concentrations of heavy metals
(magnesium, iron, chromium, cobalt and nickel), low concentrations of
phosphorus, potassium and calcium; and is composed of usually greater than 90
percent rnafic minerals (dark colored, high magnesium and iron content).
Associated vegetation is generally sclerophyllous - vegetation with hard leaves

3 1 International Union for Conservation of Nature. Retrieved fiom

https://www.iucn.org~downloads/en~iucn_glossary_defiions.pdf
32 DAO 2010-2 1: "Revised IRR of the Philippine Mining Act", Section 5(ad)
33 DAO 2010-21, Section 5(ag)
34 DAO 20 10-21, Section 5 (ah)
35 RA 9147, Section 5 (i)
36 DAO 2010-2 1 , Section 5 (aj)
37 DAO 2007-03.
' * ~ h i l i ~ ~ iTropical
ne Forest Conservation Foundation, Inc. 20 13. Connecting Forests, People and Development.

Page 3 of 13
 that have short distances between them along the stem - that is sharply
demarcated from adjoining vegetation;

p. Indigenous species3' - species or subspecies of wildlife naturally occurring or has

naturally established population in the country but can also be found naturally in
other areas;

q. Invasive alien species - an exotic or non-native species that is able to establish

viable populations, spread and colonize natural or built ecosystems and cause
negative impacts to biological diversity, human health, economy, and the
environment;

r. Mined-out area - previously mined area that is no longer feasible for mineravore
extraction based on existing economical, geological, technological and legal
parameters;

- the
s. Mineral ~ r o c e s s i n ~ ~milling,
~ beneficiation, leaching, smelting, cyanidation,
calcination or upgrading of ores, minerals, rocks, mill tailings, mine waste and/or
other metallurgical by-products or by similar means to convert the same into
marketable products;

t. Mineral Production Sharing ~ ~ r e e r n e n t-l an agreement wherein the

Government grants to the Contractor the exclusive right to conduct mining
operations within, but not title over, a contract area and shares in the production
whether in kind or in value as owner of the minerals therein;

u. Mining ~ r e a- a~portion~ of the contract area identified by the Contractor as

defined and delineated in a Survey Plan duly approved by the MGB
Director/Regional Director concerned for purposes of development and/or
utilization, and sites for support facilities;

v. Mining - mining activities involving exploration, feasibility study,

development and utilization;

w. Mining ~ i ~ h- at right
s ~ to
~ explore, develop, or utilize mineral resources;

x. Mining ~enernenk' - any tenurial instrument providing mining rights, such as

Exploration Permit, Mineral Production Sharing Agreement, Financial or
Technical Assistance Agreement, Mineral Processing Permit, Mining Patents and
Special Mines Permit;

y. 0 8 s h o r e ~-~ the water, sea bottom and subsurface h m the shore or coastline
reckoned from the mean low tide level up to the two hundred (200) nautical miles
of the Exclusive Economic Zone;

39 International Union for Conservation of Nature.

40 DAO 20 10-2 1, Section 5(bb)
4 1 DAO 2010-21, Section 3 1(a)
42 DAO 20 10-2 1, Section 5(bk)
43 DAO 2010-2 1, Section 5 (bl)
44 DAO 20 10-2 1, Section 5(bn)
45 DAO 201 8-19 "Guidelines for Additional Environmental Measures for Operating Surface Metallic Mines",
Section 4(b)
;
46 DAO 20 10-2 1 Section 5(bs)

Page 4 of 13
 z. ~ n - s h o r e-~landward
~ side from the mean low tide level including submerged
lands in lakes, rivers, and creeks; '

aa. Private land8 - land belonging to any private person or entity which includes
alienable and disposable land being claimed by a holder, claimant or occupant
who has already acquired a vested right thereto under the law, including those
whose corresponding certificate or evidence of title or patent has not been actually
issued;

bb. Progressive rehabilitation - a cost-effective engineering and biological measures

of rehabilitating mined-out areas, during utilization stage, in accordance to the
approved post-mining land use;

cc. Reference ecosystem - representation of the original state of the ecosystem during
pre-mining status or existing and undisturbed ecosystems in the mining area that
serve as guiding image for ecosystem restoration or rehabilitation;

dd. Rehabilitation for ecological restoration - the process of repairing the negative
impacts of mining on the environment close to its original ecosystem. The long-
term objective of rehabilitation is to restore mined-out areas to pre-mining status
using as basis the condition of the reference ecosystem. This type of restoration
strictly applies in mined-out areas whose final land use is protection and
conservation, regardless of land classification category;

ee. Rehabilitationfor other purposes- the process of developing a mined-out area for
purposes other than ecological restoration in consideration of the land
classification category of the area, projected land use, and the existing, in-process
and future development and management plans under a shared governance
responsibility by the local government unit and DENR;

ff. Responsible mining - contributes significantly to economic growth while at the

same time ensuring that the impacts to the environment are remediated toward
sustained productivity of the land after mining and the host communities are
developed into self-reliant communities beyond the.life of the mine4';

gg. Semi-Detailed ~ x ~ l o r a t i o n-* is

~ the geological mapping and geochemical
sampling at closely-spaced observations and sampling points, soil .grid sampling
and closely-spaced drilling in the delineated mineralized areas to determine the
depth and extent of mineralization. Other specialized exploration techniques are
also applied such as geophysics. The objective is to be able to estimate the
volume, tonnage and grade with reasonable level of confidence. The desired
target is Indicated Mineral Resource;

hh. Social Development and Management Program (SDMP)" - the comprehensive '
A

five-year plan of the Contractor/Permit HolderILessee authorized to conduct

actual mining and milling operations towards the sustained improvement in the
living standards of the host and neighboring communities by creating responsible,
self-reliant and resource-based communities capable of developing, implementing

47 DAO 20 10-2 1, Section 5(bt)

48DAO 2010-21, Section 5(ce)
*'~efinitionadopted during the 1st and 2nd Responsible Mining Forum in 2019 organized by Chamber of Mines
and DENR.
TRR of Philippine Mineral Reporting Code
DAO 20 10-21, Section 5(co)

Page 5 of 13
 and managing community development programs, projects, and activities in a
manner consistent with the principle of people empowerment;

ii. Small-scale ini in$^ - mining activities that heavily rely on manual labor using
simple implements and methods and do not use explosives or heavy mining
equipment;

jj. ~ u b s o i -l the
~ ~mineral horizon between topsoil and the underlying parent material
and usually lighter in color with an average depth of 0.15 to 1.20 meters;

kk. ~ o ~ s o-i the

l ~ layer
~ of the soil characterized by the presence of soil organic
matter and usually darker in color than subsoil with an average depth of 0 to 0.15
meters;

11. ~ t i l i z a t i o n-~the
~ extraction, mineral processing and/or disposition of minerals;
and

mm. ~ i l d l i f -e wild
~ ~ forms and varieties of flora and fauna, in all developmental
stages, including those that are in captivity or are being bred or propagated.

SECTION 5. Guiding Principles. The following guiding principles shall be promoted in

the enhancement of biodiversity conservation in mining operations:

a. Connectivity. All ecosystems, living organisms, including humans, are dependent on

each other, which is clearly shown through the food web, and in ecological processes
such as pollination, seed dispersal, and natural control of pests. However, as natural
landscapes are transformed for development, species survival is compromised and
remnant habitats become isolated from established patterns of ecological processes
and genetic exchange. Inevitably, the mix of ecosystem services is reduced and the
overall resilience of the landscape is weakened. Conserving remnant biodiversity,
building connectivity and restoring ecosystems affected by developmental activities
including mining are wise strategies for sustaining ecosystem services and resilience;

b. Precautionary principle. Where there is a lack of scientific certainty on the impacts

of particular mining activities in all stages of the mining operation to natural and
social capital assets, cost-effective and preventive measures should still be undertaken
to avoid and/or minimize threats and to protect the environment and the people who
value it;

c. Sustainable use of natural resources. Use of natural resources should not lead to
the decline of biological diversity to attain balance between economic development
and ecological integrity; and

d. Participatory governancelparticipation of stakeholders. Public participation in the

protection, conservation and sustainable use of biodiversity around or adjacent to
mining/exploration/mineralprocessing areas should be encouraged and promoted to
maximize conservation and community benefits.

52 RA No. 7076, Section 3(b).

53 DAO 20 18- 19, Section 4(d).
54 DAO 201 8-19, Section 4(f).
55 RA No. 7942 Section 3(az).
56 RA 9147, Section 5(x).

Page 6 of 13
 SECTION 6. Measures for Enhancing Biodiversity Conservation and Protection in
Mining Operations. The following measures shall be undertaken to ensure the integration of
biodiversity conservation and protection in all stages of mining operations:

6.1. The biodiversity measures as provided in Table No. 1 shall be integrated in the EWP,
EPEP and FMRIDP, or any related and relevant plans of all existing mining applications
and approved mining tenements, upon approval of this Order. These biodiversity
measures set the direction for more specific guidelines in the rehabilitation of mined out
areas towards conservation and ecological restoration.

Table No. 1. Biodiversity Measures

STAGES OF MINING BIODIVERSITY MEASURES
OPERATIONS
Mining companies shall undertake the following
activities in consultation with DENR:
I
I I. EXPLORATION I A. Premratorv Stage I
This stage includes prospecting for 1. Conduct data gathering to determine available
mineral resources by geological, information on biodiversity particularly the
geochemical andlor geophysical critical ecosystems and species in the area to
surveys, remote sensing, test establish a baseline; and
pitting, trenching, drilling, shaft
sinking, tunneling or any other In this stage, the mining
means for the purpose of applicant/contractor/permitteeshall follow the
determining their existence, extent, existing guidelines in the preparation of the
quality and quantity and the Environmental Work Program (MGB Form
feasibility of mining them for 16-1). It details the potential impact of
profit. exploration activities to several critical
environments including land, water and
biological systems.

B. Reconnaissance Stage

Conduct biodiversity assessment to validate

areas which are critical for ecosystem services
and wildlife habitats, both terrestrial and
aquatic, e.g. nesting sites, roosting sites,
feeding and breeding grounds. The
biodiversity assessment will confirm and
supply gaps, if necessary, in the baseline
information listed in the Environmental Work
Program (MGB Form 16-1);

2. In areas where biodiversity assessment have

not been conducted or not updated,
biodiversity assessment shall be undertaken
by the company which may be done by in-
house experts under the Environmental
OfficeMine Environment Protection and
Enhancement Office (MEPEO) of the mining
company or by engaging third-parti
consultants (See Section 6.3); and

Page 7 of 13
 3. If present, caves are identified and located
within the mining area, and assessment shall
be conducted together with the DENR
following the procedures prescribed in DENR
MC 2007-04: Guidelines for Cave
Classification.

C. Semi-detailed to Detailed Exploration

1. Include the soil type and profile (pedology) in

the environmental baseline;

2. Conduct monitoring of water quality

parameters such as temperature, alkalinity,
pH, total dissolved solids, salinity and
conductivity in major river channels,
tributaries' as well as coastal waters to
establish an environmental baseline;

3. Avoid disturbance to critical wildlife habitats

(both terrestrial and aquatic) e.g., nesting
sites, roosting sites, feeding and breeding
grounds;

4. Use less invasive and advanced technologies

such as but not limited to unmanned aerial
vehicle (UAV) or drone, electrical resistivity
and Ground Penetrating Radar (GPR) to
reduce impacts on biodiversity. The conduct
of these surveys before any major exploration
activity (i.e. drilling, trenching, tunneling)
will reduce the possibility of water resource
contamination and disturbance of ecosystem
in the site;

5. Strict enforcement of the provisions of the

Wildlife Act on hunting, collection or injuring
wildlife species; and

6. Conduct initial or rapid economic valuation of

ecosystem services using existing tools to
determine the environmental costs of the
mining operation in consultation with BMB.

D. After ex~loration

1. Progressive rehabilitation of areas subject to

exploration and related activities, by
reforestation andlor by undertaking civil
structural interventions (e.g., rip-rap, retaining
walls, etc.);

~
Page 8 of 13
 removed earth, toxic and hazardous materials
that could affect nearby critical ecosystems;

3. Establishment of water lines as sources of

water for plantinglrehabilitation sites*;

4. Use of indigenous or native species as nurse

trees and for the re-establishment of
vegetation to promote returnlin-migration of
wildlife to the area*;

5. Use of invasive alien species are strictly

prohibited*; and

6. Gradual replacement of all existing exotic

species, especially those that are considered
Invasive Alien Species (IAS), to native
species shall be done two (2) years after the
approval of this Order *.

*This shall apply in all succeeding stages of mining

operation.

11. DEVELOPMENT and Mining companies shall develop site-specific

UTILIZATION progressive rehabilitation plan subject for approval of
DENR to contain the following:
Development stage includes the
following activities: a. Identify reference ecosystem within the
1. The preparation of the mining area as basis for progressive
deposit for mining. This is also rehabilitation;
where preliminary
development works are b. Exclude roosting, and breeding ground of
undertaken, e.g. acquiring flagship species and other wildlife from any
water and mineral rights, development;
buying surface lands, financing
arrangements, permit c. Wildlings from the areas targeted to be
applications. stripped shall be collected and set aside in
2. Construction of access established nurseries for future rehabilitation.
roads, power sources, mineral Seeds shall also be collected from native trees
transportation systems, mineral within the MPSA for propagation in the
processing facilities, waste nurseries;
disposal areas, offices and
other support facilities. d. Earth-balled plants shall be immediately
3. Actual mining, which may translocated as enrichment planting materials
either be stripping or for reference ecosystem, secondary forest,
underground mining. buffer zone, canopy gaps within mining area
or identified rehabilitation areas;
Utilization stage is where the
actual extraction of minerals from e. Nurseries of native and endemic species shall
the earth is undertaken through the be established and should be designed for the
selected mining method. propagation of indigenous or native species
and when necessary develop propagation
techniques for indigenous or native species;

f. Avoid construction of infrastructure and

Page 9 of 13
 support facilities in critical areas for
biodiversity including source of water or
water bodies and wetlands;

g. Include in the EPEP the monitoring of impact

areas such as adjoining caves, wetlands,
marine, and other ecosystems .that may be
affected by mining operations;

h. Develop and implement topsoil and subsoil

management plan including soil analysis to
ensure the ,long-term re-establishment of
biodiversity in accordance to DAO No. 2018-
19. Topsoil and subsoil management plan
. shall include stripping, stockpiling, erosion
potential and control, and reporting;

i. Reestablish stable topography and acceptable

drainage patterns during landform
reconstruction;

j. Strict compliance to the provisions of the

Wildlife Act on hunting, collection or injuring
wildlife species;

k. In areas where second growth forests still

exist, "enrichment planting" .can be done
where the target species are planted under
canopy gaps or along cleared strips;

1. Integrate biodiversity conservation measures

in the environmental awareness plan;

m. In cases of offshore mining, Coastal Integrity

Vulnerability Assessment shall be conducted;

existing tools and methods per BMB

Technical Bulletin Nos. 20 16-05, 2017-05,
2019-04, 2019-06, and other applicable tools
' for flora and fauna assessments and

o. Comply with proper protocol, adopt

appropriate techniques for tree cutting and
secure necessary permits and clearance for the

HI. CLOSURE, A. The following shall serve as indicators of a

DECOMMISSIONING, and successful and compliant rehabilitation
REHABILITATION activity:

This is the final stage of the 1. At least 85% survival rate of the
1

Page 10 of 13
following activities: rehabilitation period;
2. Species diversity in the rehabilitation
Final revegetation of area closely mirrors the diversity of the
mined-out areas and reference ecosystem; and
restoration of the water and 3. Indication of restored ecosystem
land values of the area. functions are evident, such as controlled
erosion, sustained water supply in water
tributaries (streams), etc.

B. Monitoring and management of the

rehabilitated area shall continuously be
undertaken for ten (10) years or a lesser
number of years as may be decided.by the
Contingent Liability and Rehabilitation Fund
Steering Committee (CLRFSC);

C. Conduct of biodiversity monitoring using

existing tools and methods per BMB
Technical Bulletin Nos. 2016-05, 2017-05,
20 19-04, 20 19-06, and other applicable tools
for flora .and fauna assessments and
monitoring; and

D. The mining company should facilitate the

establishment of a community-based
monitoring and management body for the
rehabilitated mined-out area in collaboration
with the DENR.

6.2.Progressive rehabilitation shall be undertaken at every stage of mining operation to

restore mined-out areas close to its natural ecosystems and to allow regeneration of
biodiversity in order to sustain ecosystem goods and services. It shall be implemented by
the mining contractorlpermit holder based on the EPEP.

6.3.Mining companies shall employ 111 time personnel with expertise on ecology and
biodiversity conservation under the Mine Environment Protection and
Enhancement Office (MEPEO) to lead the integration of biodiversity measures in various
stages of mining operations.

6.4.At least five (5) percent of the total area of the approved tenement shall be set aside as a
reference ecosystem. If there is no applicable area within the mining tenement, reference
ecosystems may be set in an area one (1) kilometer away from the tenement, as may be
practicable as determined by DENR. Such areas shall serve as benchmark and source of
propagules for future restoration activities. As such, the ecosystem types found within the
tenement should be represented in the reference ecosystem. The reference ecosystem is
over and above the mandatory buffer zone under DAO No. 2018-19 and such area should
be utilized as permanent biodiversity monitoring area.

6.5.Mined-out areas which are originally forested and areas which are deemed necessary for
conservation of critical ecosystem services shall undergo rehabilitation for ecological
restoration. These areas shall be rehabilitatedJrestored close to its original state to regain
ecosystem goods and services. For privately owned lands or private lands legally
acquired by mining companies developed for mining purposes, mining companies are
encouraged to allot a portion of the mined-out area for biodiversity conservation and
protection during final mine rehabilitation regardless of the final land use as may be

Page 11of 13
 agreed upon in the approved mining tenement. Mining companies are required to conduct
additional compensatory rehabilitation activities outside the mining area to be identified
by the DENR.

6.6.Rehabilitation of mined-out areas for purposes other than ecological restoration shall
consider the land classification category of the area, projected land use, and the existing,
in-process and fitwe development and management plans under a shared governance
responsibility by the local government unit (LGU) and DENR.

6.7.111 mining areas that are identified as habitats of Philippine dipterocarps, Forest Over
Ultramafic Rocks/Ultramafic Forests, and areas critical for ecosystem services and
wildlife habitats, mining companies shall be required to conduct additional compensatory
rehabilitation activities outside the mining area, the identification of which shall be done
in coordination with and with the assistance of the DENR.

SECTION 7. Issuance of Additional Guidelines for Biodiversity Conservation in Small-

scale Mining. Detailed guidelines on integrating biodiversity in small-scale mining shall be
jointly prepared by BMB and MGB within one (1) year upon issuance of this Order. Additional
scientific research shall also be conducted by the Ecosystems Research and Development Bureau
(ERDB).

SECTION 8. Integration of Biodiversity Conservation and Protection in the Social

Development and Management .Program (SDMP). The mining companies shall integrate
biodiversity conservation and protection in the Social Development and Management Program
(SDMP), such as the inclusion of biodiversity-friendly enterprises, propagation of native plants,
development of green parks, promotion of agroforestry, and other wealth creation projects that
would create green jobs to augment livelihood during and after mining.

SECTION 9. Inclusion of Additional Members in Relevant Committees. The CLRFSC,

the Mine Rehabilitation Fund Committee (MRFC), and Multipartite Monitoring Team (MMT) as
per DAO No. 2010-21 shall include BMB and ERDB, and their regional counterparts as
members.

SECTION 10. Capacity Building Program. The DENR-BMB in consultation with MGB
shall subsequently develop modules and instructional materials on the integration of biodiversity
in the mining sector. They shall also conduct corresponding trainings, seminars, and workshops
for concerned DENR Offices, CLRFSC, MRFC, MMT, and mining companies, among other
relevant stakeholders upon approval of this Order.

SECTION 11: Monitoring, Evaluation, and Reporting. BMB and the Conservation and
Development Division of DENR Regional Offices shall undertake annual monitoring and
evaluation using the compliance monitoring tools to be developed by BNB, in coordination with
MGB. Existing tools such as Biodiversity Assessment and Monitoring System and Biodiversity
Monitoring System shall be used to monitor the progress of biodiversity in mined out areas,
including environmental structure facilities (e.g., Tailings Storage Facility). Results of
compliance monitoring shall be submitted to BMB and MGB.

SECTION 12. Transitory Provision. In coordination with BMB, MGB and other
concerned offices under DENR shall incorporate the provisions of this Order in the updating of
their applicable manuals, guidelines, plans, and programs, and other related issuances. Existing
EPEP, Annual EPEP (AEPEP), SDMP and Annual SDMP (ASDMP) shall be revised to comply
within one (1) year from the effectivity of this Order. Submission of the revised EPEP, AEPEP,
SDMP and ASDMP shall be a requirement for the resumption of the mining/mineral processing
operation/exploration activity that are suspended and under care and maintenance.

Page 12 of 13
 SECTION 13. Funding. MGB, BMB, Regional and Field Offices shall allocate regular
h d s to support the implementation of this Order.

SECTION 14. Penalty. Non-compliance of a mining company with the provisions in this
Order warrants the imposition of suspension order or revocation of the MPSA by the MGB
subject to existing procedures of the agency.

SECTION 15. Separability Clause. If any provision of this Order shall be held invalid or
unconstitutional, the other portions or provisions hereof which are not affected shall continue in
full force and effect.

SECTION 16. Repealing Clause. All Orders and other similar' issuances inconsistent
herewith are hereby revoked, amended or modified accordingly.

SECTION 17. Effectivity Clause. This Order shall take effect fifteen (15) days after its
publication in a newspaper of general circulation and upon acknowledgement of the receipt
thereof by the Office of the National Administrative Register (ONAR).

Publication: ! h e Manila Times

April 21, 2022
Acknowledgement? OHRR, U.P. Law Center
April 21, 2022

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