TACLOBAN CITY – Leyte First District Board Member Roque Tiu said that there should be no quarrel between the Mining Act, the Local Government Code and the Environmental Code of Leyte as far as application of mining firm to conduct exploration and mining operation in the province for as long as the Mines and Geosciences Bureau (MGB) will follow the provisions stated in both laws.
“They are entitled and have all the rights to follow the law of the MGB and the Department of Environment and Natural Resources (DENR). However, considering that they are operating within the country and there is this local government code wherein there are two or three provisions which mandates the national government agencies to conduct consultation which is also reinstated in the environmental code of Leyte in which the MGB regional office is holding office and of which this continuous program is being implemented,” Tiu, who chair the committee on environment and natural resources, said.
The regional director of the MGB, Roger de Dios, and representative of the Nicua Mining Corporation headed by their Vice President Alex Deleoz, who presented their operation covering two barangays in the municipality of MacArthur, were present during last session of the provincial board.
The operation of Nicua in the municipality of MacArthur became controversial as the MGB has failed to inform the members of the provincial board that said operation was not only for sampling purposes but covers “commercial mining operation” as the central office of the DENR had already granted their permit to conduct such activity.
Aside from failing to inform the provincial board, they added that prior consultation with them was also ignored by the regional office of the MGB even if it is mandated by both national and local laws.
Tiu also said that consultation is among the provisions of the local government code which requires all national government agencies to conduct periodic consultation with all local government units, which means that all levels from the barangays up to provincial level should be consulted.
Tiu added that said consultation should be an initiative by the national government agency and not of the mining company as far as the situation in the province with the mining company is concerned.
“But what is happening is, it is the mining firms that seek for consultation with us,” Tiu stressed.
Tiu revealed that based on the recent agenda for their session, two mining firms once again asked for a consultation with the members of the provincial board where in the first place it should be the initiative of the MGB.
“This is very misleading because it should not be the mining company that should come to us but the MGB because this is the government to government linkage,” Tiu stressed.
“The MGB should respect the local government code and the environmental code even without the go signal of the national office as they are still in the ambit of the Local Government Code as well as the environmental code of Leyte,” Tiu said during the meeting with the MGB regional director and Nicua representatives.
“I think it is already clear to one and all that national government agencies should conduct prior consultation,” he added. (ROEL AMAZONA)
No comments:
Post a Comment