The industry is working to balance economic growth with responsible and sustainable practices. thousand (1000) workers. These safety officers are required to take training courses under the BWC. - Mining operations also have to provide occupational health services, such as full-time occupational health physicians, a full-time dentist and an emergency medical clinic. Furthermore, the BSW also provides the minimum amount of medicines, medical supplies and equipment that must be kept within the establishment. In your experience, where do conflicts regarding mining law typically emerge? From our experience, most conflicts regarding mining laws arise from the issue of ownership over the land in which the minerals are found. Our Constitution provides that the state owns all minerals and other natural resources. It also explicitly provides that: “The exploration, development, and utilisation of natural resources shall be under the full control and supervision of the State.” Notwithstanding the state ownership of the minerals, this does not completely do away with the rights of the owners of the land in which these minerals are present. In the Philippine Mining Act, it is provided that “subject to prior notification, holders of mining rights shall not be prevented from entry into private lands and concession areas by surface owners, occupants, or concessionaires when conducting mining operations therein”. This being the case, the contractor authorised by the government to conduct mining operations cannot be prevented by the owners of private lands from mining there. However, these owners must be justly compensated for any damage to the property caused by said mining operations. Conflict arises when there is a disagreement on what would amount to just compensation for the damage done to the property. In addition to this, if it is necessary to build, construct or install infrastructure on private land for mining operations, the contractor may build these on said private land, subject to the payment of just compensation. Another point of conflict appears when the land containing the minerals is considered part of the ancestral domain of indigenous people. In this scenario, the Indigenous People’s Rights Act provides that “No ICCs/IPs will be relocated without their free and prior informed consent, nor through any means other than eminent domain. Where relocation is considered necessary as an exceptional measure, such relocation shall take place only with the free and prior informed consent of the ICCs/IPs concerned.” What legal pitfalls should mining companies therefore be aware of when operating in the Philippines? Mining companies should ensure they comply with all environmental regulations, including obtaining the necessary permits and licenses, conducting environmental impact assessments and implementing effective environmental management plans. Failure to comply with these regulations can result in fines, penalties, or even closure of operations. Mining companies should be aware of the rights of indigenous communities and ensure that they are consulted and involved in decision-making processes related to mining activities on their ancestral lands. They should ensure they comply with all labour standards and respect human rights, including those of their workers and local communities. In addition to the above, mining companies should ensure that benefitsharing arrangements with local communities are fair and equitable and that local communities receive a fair share of the benefits generated by mining activities. 62 LAWYER MONTHLY JUNE 2023
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