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POLICY REFORMS AND INITIATIVES TO REVITALIZE THE PHILIPPINE MINING INDUSTRY
HORACIO C. RAMOS Director MINES AND GEOSCIENCES BUREAU Department of Environment and Natural Resources Republic of the Philippines September 2009, Manila

Copper Gold Nickel Chromite Polymetallic Processing Plant

OPERATING MINES
7 Major Mines:
Masbate Gold Operation of Filminera Lepanto’s Victoria and Teresa Gold Mines Philex’s Padcal Copper Mine Rapu-rapu Polymetallic Project. Banahaw Gold Project, Philsaga Mining Corp. Carmen Copper Project Canatuan Copper-Zinc Project of TVI Resources

1 Medium-scale Chromite Mines
Redondo Project of Krominco, Inc.

10 Medium-scale Nickel Mines
Cagdianao Mining Corporation, Dinagat Province Berong Nickel Project, Quezon, Palawan Rio-tuba Nickel Mining Corp., Bataraza, Palawan Hinatuan Mining Corp. – Tagana-an Project, Surigao del Norte Taganito Mining Corp. – Claver, Surigao del Norte Platinum Group Metals – Cagdianao Nickel Project, Surigao del Norte CRAU Mineral Resources Corp. – Sta. Cruz-Candelaria Nickel Project, Zambales CTP Constn, and Mining Corp. – ACT Project and Carrascal Nickel Projects, Surigao del Sur SR Metals Inc. – Tubay Nickel Project, Agusan del Norte

4 Medium-scale Gold Mines
Gold mine of Johnson Gold Mining Corporation Maco Mine, Apex Mining Company Inc. Diwalwal Direct State Development Project Acupan Gold Operations of Benguet

15 Cement Plants and Quarries 1 Nickel Processing Plant in Palawan 1 Copper Smelter (PASAR) in Leyte 2000+ Small scale mines and quarries

MINING INDUSTRY INDICATORS
2008 Mining Gross Production Value Mining’s Contribution to GDP (current prices) Total Exports of Minerals and Mineral Products Employment in Mining (and Quarrying) PhP88.9 billion $2 billion PhP89.5 billion $2.01 billion 1.2% $2.48 billion 5.2% 158,000 1st Semester 2009 PhP45.8 billion $0.96 billion
(estimate)

2009 Projections PhP96.7 billion S2.02 billion PhP100.5 billion $2.1 billion 1.3% $3.074 billion 5.4% 158,000

PhP23.3 billion $0.487 billion 1.3% $345 million 1.9% 166,000

THE GOVERNMENT’S REVITALIZATION PROGRAM FOR THE PHILIPPINE MINERALS INDUSTRY

PRIORITY MINERAL DEVELOPMENT, MINERAL PROCESSING AND EXPLORATION PROJECTS
OPERATING/EXPANSION PROJECTS • Lepanto Mining and Consolidated Corp. - Teresa Gold Project • Philex Mining Corporation - Sto. Tomas II Cu Expansion Project • Rapu-rapu Polymetallic Project • • • • • • Philippine Associated Smelting and Refining Berong Nickel Project Coral Bay Nickel Corp. - Palawan Ni Project Surigao Integrated Resources Corporation TVI Canatuan - Silver-Gold Project Apex Mining Corp. - Maco Mine CONSTRUCTION AND DEVELOPMENT STAGE • • • • • • • Carmen Copper Corp. – Toledo Cu Project OceanaGold – Didipio Cu/Au Project Coral Bay Nickel Corp. – Palawan Nickel Expansion Filminera/PGPRC – Masbate Au Project PGMC – Iligan FerroNickel Smelter Project PGMC – Manticao Ferronickel Smelter Project PHILSAGA Gold Project FEASIBILITY/FINANCING STAGE • • OTHER PROJECTS • • • • • PMDC – Amacan Cu/Au Project PMDC – Batong Buhay Cu/Au Project PMDC – Diwalwal Direct State Utilization Project Lepanto Consolidated – Far South East Gold Project Benguet Corporation – Kingking Cu/Au Project • • • • • • • Sagittarius Mines/Xstrata – Tampakan Copper Project Taganito Mining/Sumitomo Metals – Surigao HPAL Project Itogon Suyoc/Anvil Mining – Itogon Gold Project Philnico – Surigao Nickel Refinery Silangan Mindanao/Anglo American – Boyongan Copper Project Crau/Rusina Mining Ltd. – Acoje PGE/Nickel Project Crew Minerals – Mindoro Nickel Project Eagle Cement Corp – Akle Cement Project TVI – Canatuan Base Metal Project

ADVANCED EXPLORATION STAGE • • • • • • • • • Colet Mining – Colet Cu/Au Project TVI – Balabag Project MRL Gold – Agata Cu/Au/Ni Project Metex Minerals – Runruno Gold Project Manila Mining/AngloAmerican – Bayugo Cu/Au Project Hallmark Mining/BHP Billiton – Pujada Ni Project Greenstone Resources/Red 5 – Siana Gold Project Benguet Corp – Sta. Cruz Nickel Project PGMC – Dinapigue Nickel Project

ACTUAL AND PROJECTED INVESTMENTS
16000 14532.35

Projected (Cumulative)
14000 12000 Investments (x 1,000 US$) 10000 8000 6000 4000 2141.18 2000 200.47 0 2004 2005 2006 2007 2008 Year 2009 2010 2011 2012 2013 1540.4 657.62 847.61 5510.72 9382.66 12521.99

Actual (Cumulative)
2793.72

For 2009, $230 million has been invested out of the projected total investments of +$650 million for the year.

PHILIPPINE COMPETITIVENESS

THE FRASER INSTITUTE ANNUAL SURVEY OF MINING COMPANIES 2008/2009

THE SURVEY INDICES
• CURRENT MINERAL POTENTIAL INDEX: based on respondents’ answer to the question whether a jurisdiction’s mineral potential under current policy environment encourages or discourages exploration. • BEST PRACTICES MINERAL POTENTIAL INDEX: pure mineral potential assuming best practice policy regime. • ROOM FOR IMPROVEMENT: score for mineral potential under best practices less mineral potential under current regulations.

THE SURVEY INDICES
• POLICY POTENTIAL INDEX: a composite index that measures the effects on exploration of government policies on 14 “Policy Endowment Indicators”:
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Taxation Environmental Regulations Uncertainty Concerning Native Land Claims Uncertainty Concerning the Administration, Interpretation and Enforcement of Regulations Protected Areas Labor Issues Infrastructure Socio-economic Agreements Political Stability Geological Database Mineral Potential Assuming Current Regulations Mineral Potential Assuming No Land Use Restrictions Regulatory Duplication Security

FRASER INSTITUTE SUMMARY OF RATINGS FOR POLICY POTENTIAL INDEX - PHILIPPINES
2- Not a Deterrent to Investment 1- Encourages Investment 3 – Mild Deterrent 4 – Strong Deterrent FACTOR 5 – Would Not Pursue Investment Due to This Factor

SECURITY GEOLOGICAL DBASE MINERAL POTENTIAL - NO LAND RESTRICTIONS MINERAL POTENTIAL CURRENT REGULATIONS POLITICAL STABILITY SOCIOECONOMIC AGREEMENTS INFRASTRUCTURE UNCERTAINTY IN REGULATIONS LABOR REGULATION/ EMPLOYMENT AGREEMENTS PROTECTED AREAS UNCERTAINTY LAND CLAIMS UNCERTAINTY REGULATORY DUPLICATION ENVIRONMENTAL REGULATIONS TAXATION

14 13 12 11 10 9 Factors 8 7 6 5 4 3 2 1 0% 10% 20% 30% 40% 50% Ratings 60% 70% 80% 90% 100%

BEHRE DOLBEAR 2009 RANKING OF COUNTRIES FOR MINING INVESTMENT WHERE “NOT TO INVEST”

BEHRE DOLBEAR SURVEY

• Qualitative, not quantitative survey • Based on opinions gathered from company professionals and research from various public and confidential sources • The Philippines was included last year

BEHRE DOLBEAR SURVEY
• 25 countries ranked on a scale of 1 to 10; maximum of 70 points • 7 criteria
– – – – Economic system Political system Degree of social issues affecting mining Delays in receiving permits due to bureaucratic and other delays – Degree of corruption prevalent – Stability of the country’s currency – CountryTax regime

ENHANCING OUR COMPETITIVENESS

MINING TENEMENT REFORMS
These will focus on: • Further reduction on the processing time of mining tenements; • Cleansing of non-active applications; and • Compliance Strengthening. …specifically… mining

MINING TENEMENT REFORMS
• FURTHER REDUCTION IN THE PROCESSING TIME OF MINING TENEMENTS.
– Issuance of Exploration Permit
• Maximum period of 6 weeks upon acceptance of application; first and second renewal shall be granted within one (1) day from payment of pertinent renewal fee with submission of all pertinent requirements needed within fifteen (15) days from receipt of renewed Exploration Permit



Grant of a Mineral Agreement for Initial Exploration
• Shall be granted within a maximum period of six (6) weeks from the date of acceptance of the pertinent application; renewal shall be granted within one (1) day from payment of pertinent renewal fee with submission of all pertinent requirements needed within fifteen (15) days from receipt of letter-notice approving the renewal of the said Exploration Period.

MINING TENEMENT REFORMS
• CLEANSING OF APPLICATIONS


NON-ACTIVE

MINING

Strict implementation of the Three (3) Letters-Notice Policy with a maximum time interval of 30 days between lettersnotice shall be implemented to exact compliance with the requirements for the grant of mining tenements and as ground for denial of mining applications. Denial of Mining Applications due to Rejection of the request for Free and Prior Informed Consent (FPIC). The rejection of a request for FPIC from the IP concerned as certified by the NCIP shall be a ground for the denial of the mining application. Provided that such rejection is carried out in accordance with NCIP’s guideline on securing the FPIC. A mining applicant is allowed a maximum of three attempts to secure the FPIC.



MINING TENEMENT REFORMS
• COMPLIANCE STRENGTHENING
– – Minimum exploration expenditure of a contractor or permittee shall be PhP500/hectare/year for metallic minerals Failure to implement the 3-Year Development/Utilization Work Program or Exploration Work Program for two consecutive years shall be a ground for cancellation of the mining contract or permit. Mineral Agreements with expired Exploration Periods for 5 years or more shall be denied. Comprehensive field inspection by the Department shall be required prior to the commissioning of a mining project. A resident mine inspector shall de deployed by the MGB in every major project to monitor strict compliance with contractual obligations

– – –

MINING TENEMENT REFORMS
• OTHERS
– Issuance of Area Status and Clearance for Mining Applications shall now be handled by MGB Regional Offices Processing of Mining Applications involved in mining cases or that are the subject of protest/s or opposition/s:
• The processing of a mining application at the regional level shall continue notwithstanding the protest/s or opposition/s subject to their final resolution and that mining applications that has complied with all the requirements but is involved in a case in the Mines Adjudication Board, maybe approved, upon the resolution of such case by the MAB and upon the posting of bond to protect the rights of the third party/ies, notwithstanding the filing of appeals in the Court of Appeals.



OTHER POLICY REFORMS
• Philippine Mineral/Ore Resource/Reserve Reporting Code which is patterned after Australia’s JORC; Reduction in the Processing Time of Environmental Compliance Certificates and Certificate of NonCoverage; and Strengthening of the Implementation of the Environmental Responsibilities under the Mining Act (Environmental Protection and Enhancement Program for progressive rehabilitation and the Final Mine Rehabilitation/Decommissioning Plan for mine closure)





OUR PLAN OF ACTION

PLAN OF ACTION – SHORT TERM
• SECURITY IN MINING AND EXPLORATION AREAS
• • Her Excellency, President Gloria Macapagal-Arroyo ordered the creation of an Investment Defence Force. Minerals Development Council created a Committee on Mining Security with the DILG Undersecretary for Peace and Order and Transnational Crime as Chair
• • • Assess the overall mining security situation and to operationalize the Investment Defence Force. Mining and exploration companies to conduct a security and social assessment in areas where they are operating. Armed Forces of the Philippines and Philippine National Police will establish a joint Mining Security Protocol to guide mining companies in dealing with security threats in their respective area and to formulate long- and short-term preventive measures that can be implemented by companies

PLAN OF ACTION - SHORT TERM
• CONTINUE ENGAGEMENT WITH VARIOUS STAKEHOLDERS, (E.G., LGU LEAGUES, RELIGIOUS SECTOR, CIVIL SOCIETY)
• • • Dialogue with LGU Leagues Dialogue in Mining Hotspots Dialogue with Religious Organizations



IMPLEMENTATION OF THE JOINT RELEASE OF MINING TAXES TO LGUs

CIRCULAR

ON

THE



FINAL REVIEW OF THE REGULATIONS TO IMPROVE AND EXPAND THE ALLOCATION FOR COMMUNITY DEVELOPMENT IMPLEMENTATION AND PROVIDE FUNDS FOR INFORMATION, EDUCATION AND COMMUNICATION CAMPAIGN AND DEVELOPMENT OF MINING AND PROCESSING TECHNOLOGY AND GEOSCIENCES: REGULATIONS INCREASING THE ALLOCATION FROM 1% OF DIRECT MINING AND MILLING COSTS TO 1.5% OF THE OPERATING COSTS.

PLAN OF ACTION – LONG TERM
1. Pave the way for the industrialization of the Philippine Minerals Industry:

a. b. c. d.

Promoting downstream processing and manufacturing for copper, nickel, gold and chromite; The development of community-based supplier industries/services; Improving government benefits from mining; and Control on the exports of unprocessed minerals.

PLAN OF ACTION – LONG TERM

2.

Continue implementation of the Mineral Action Plan Support the initiative on transparency in revenue management Continue Streamlining of Permitting Procedures But With Greater Transparency and Accountability.

3.

4.

The Philippine Government believes that our fundamentals are sound and it can achieve its goal of revitalizing the Philippine mining industry in a manner that places due and equal regard to the protection of the environment and the communities.

www.DENR.gov.ph www.MGB.gov.ph…...

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Team Building

...at each end on each side. 5. Take the two red Roof pieces and place them on the perpendicular blue two by four block on the end so that the 8 of the bottom holes are exposed and you can still see four of the blue dots are visible. 6. Do the same thing with the other red Roof piece, only have the piece face in the same direction as the other red Roof piece, leave four white dots showing on the end and have the red Roof piece cover two of the dots on the parallel yellow piece. Continue this until you complete your kit or until you have 20 steps. (Note to facilitators: As you develop this list, you should simultaneously construct your Standard Model so that it is available for side-by-side comparison at the end of the exercise. Continue building your list based on the specific kits that you purchased or the general supply of LEGO blocks -- you can purchase large tubs of them relatively inexpensively). Present the exercise in a dry and straightforward manner. At the end of the exercise (and you can stop anytime prior to completion), ask participants to discuss what happened to their team and in the activity. You can also compare the finished products to that of a pre-assembled Standard Model to make the point of how difficult things can be even with a straightforward task when the vision is unclear. Jo Clarke and Darin Ulmer both had somewhat similar suggestions. Debriefing questions might include: Was there any pressure to perform? How did pressure to perform show itself?......

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