Finally, mining companies should be aware of the risks of corruption and bribery in the Philippines and ensure that they have effective anti-corruption policies and procedures in place. In general, mining companies should be proactive in their approach to legal compliance and stakeholder engagement and work closely with local communities, governments and civil society organisations to ensure that mining activities are conducted in a responsible and sustainable manner. Have you witnessed the practical or regulatory landscape of mining law change significantly during your time in practice? The Philippine Mining Act of 1995 introduced significant changes to the regulatory landscape of mining law in the Philippines. The law required mining companies to conduct environmental impact assessments and implement environmental management plans, as well as introducing a revenue-sharing scheme to ensure that local communities benefit from mining activities. In recent years, there have been several developments in the regulatory landscape of mining law in the Philippines. In 2012, the government implemented a moratorium on new mining permits and cancelled 75 existing permits due to concerns over environmental damage and social unrest. This was lifted in 2019, but stricter regulations on mining operations, including a requirement for mining companies to set aside funds for the rehabilitation of mining areas and the creation of a trust fund to benefit local communities are implemented. Disputes are usually over land rights, environmental damage, and alleged human rights violations by mining companies. One of the more recent developments is the passing of DENR AO 2021-40, which lifted the ban on open-pit mining. However, this is still subject to restrictions which ensure that the operation of such project would not pose any hazard to public health and safety that might result from ground failure or physical deterioration. Can you tell us about any current trends or developments that you are witnessing in the mining industry? Increased global demand for minerals has led to increased exploration and mining activities in the Philippines, particularly in areas with high mineral potential. As a counterpoint, there is a growing emphasis on responsible and sustainable mining practices in the Philippines, driven by concerns over environmental damage and the negative social impacts of mining activities. This has led to the development of stricter regulations and standards for mining operations, as well as increased scrutiny from civil society groups and the public. The mining industry in the Philippines is increasingly using technology and innovation to improve efficiency and reduce the environmental impact of mining activities. This includes the use of drones and other remote sensing technologies to conduct exploration and monitoring, as well as the adoption of cleaner and more sustainable mining processes. Notwithstanding this, smallscale mining is still widely practiced in the country and is expressly allowed under the law. There is a growing focus on community development in the mining industry in the Philippines, with mining companies working to engage and empower local communities and ensure that they benefit from mining activities. This includes the implementation of benefitsharing arrangements and the provision of education, health and infrastructure projects in mining-affected communities. The industry is working to balance economic growth with responsible and sustainable practices, while addressing the needs and concerns of local communities and stakeholders. EXPERT INSIGHT 63 About Victor Angelo L Galura Victor Angelo L Galura is an associate at OCBOCC. He was first admitted to practice law in the Republic of the Philippines in 2017 and his practice covers immigration, corporate law, labour law, IP, mining law and civil and criminal litigation. In addition to his broad experience, he is fluent in both English and Filipino. About OCBOCC OCBOCC has a diversified general law practice and works alongside leading law firms in major cities around the world. It handles all aspects of corporate, commercial and international business transactions, protection and enforcement of intellectual property rights, technology transfers, civil and criminal litigation, admiralty, labour-management relations, taxation, aviation law, estates and trusts, media law, immigration and family law. Contact Victor Angelo L Galura Associate Ortega, Bacorro, Odulio, Calma and Carbonell Law Office (OCBOCC) Ortega Bacorro Odulio Calma & Carbonell 140 L.P. Leviste St., Salcedo Village 1227 Makati City, Philippines Tel: +63 28818-2321 Fax: +63 28810-3153 E: victor.galura@ocbocc.com www.ocbocc.com
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