MANILA—Mindoro officials accused the Department of Environment and Natural Resources (DENR) of violating mining and local government laws when it issued an environmental clearance for Intex Resources’ mining project despite a lack of approval from the local governments of the island.

Governor Arnan Panaligan, Vice-Governor Estee Aceron and Alagad party-list Representative Diogenes Osabel took turns in grilling DENR officials from the Environmental Management Bureau (EMB) and Mines and Geosciences Bureau (MGB) at the resumption of the congressional hearing called by the House committee on natural resources Wednesday. Representatives from the National Commission on Indigenous Peoples were also present.

Panaligan said the DENR violated the Local Government Code of 1991 when it issued the environmental compliance certificate (ECC) for the Mindoro Nickel Project of the Norway-based firm. The code requires that any development project must have the approval of local governments through a Sanggunian resolution.

“Sections 26 and 27 of the Local Government Code were violated because Intex failed to conduct prior consultations with us LGUs,” Panaligan said during the committee hearing on House Resolution 1492, authored by Osabel.

Disquiet

“I was made disquiet and needed to address my anxiety when our members in Mindoro, and in conferring with the LGU officials, raised these concerns to me,” said Osabel as he pressed DENR officials to answer the allegations presented by Mindoro executives, Church leaders, indigenous peoples, civic and private sector groups and people’s organizations in Mindoro.

Mindoro officials and civil society groups have been steadfast in their opposition against the mining project, which covers 11,216.6 hectares in the towns of Victoria, Pola and Socorro in Oriental Mindoro and Sablayan in Occidental Mindoro.

Oriental Mindoro’s 25-year ban on large-scale mining has been in effect since 2002. Various resolutions were issued by the municipal and village officials of Sablayan opposing the project. Last November 23, Occidental Mindoro also issued an ordinance prohibiting big mining projects for 25 years.

These legal prohibitions barred Intex from holding any successful public consultations as noted by the DENR’s technical review committee when it recommended the non-issuance of ECC for the nickel mine. Just the same, then environment secretary Lito Atienza gave the go-ahead signal for the $2.4 billion project on October 14.

Documentary evidence

Aceron, who like Panaligan is a lawyer, then questioned the DENR officials what documentary evidence they have to prove the project got the stamp of approval of the local governments of Mindoro as required by law.

She told the committee that her office has received numerous resolutions from the barangay and municipal LGUs expressing their opposition to mining in their areas.

In October 2008, Panaligan served a cease and desist order against Alag-ag Mining, a subsidiary of Intex, against a scoping activity in Barangay Villa Cerveza, Victoria. In May 2009, a similar order stopped a planned public hearing of the EMB on the nickel project.

Panaligan also said that the DENR violated the Philippine Mining Act of 1995 when it failed to observe Section 70 of the law, which requires public and local government consultations. At the same time, he said the mining area  encompassed a critical watershed that the law declares as off limits to any mining activity.

Lack of respect

Judy Pasimio, executive director of the Legal Rights and Natural Resources Center, meanwhile chided the DENR for its continuing failure to respect the decision of the Mindoreños to disallow what they believe is an environmentally destructive project.

“They (DENR) did not need to have the Mangyans go on hunger strike at its doorsteps to know that the Intex mining project did not have social acceptability. The DENR need only to respect the provincial LGUs’ moratorium on mining,” Pasimio said.

Haribon Director Anabel Plantilla said that “nickel mining endangers not only the unique plants and animals in Mindoro, but more so the people’s livelihoods and eventually their lives.”

“No amount of mitigation will bring back ecological services that will be disrupted if mining will be allowed,” she said.

‘Unreasonably persistent’

Alyansa Tigil Mina coordinator Jaybee Garganera wondered why Intex has been “unreasonably persistent” in pursuing the strongly opposed project.

“It is still hard to understand why Intex insists on pursuing this mining project. The local people are against it, it’s becoming more obvious that the application process was flawed and nickel prices are plummeting globally. Even the biggest mining companies are shelving their nickel mines, and yet Intex is still unreasonably persistent,” he said.

Atienza on November 27 temporarily revoked the project’s ECC following an 11-day protest fast staged by Mangyans, village leaders, and religious people in front of the DENR head office in Quezon City.

Acting Environment Secretary Eleazar Quinto on January 9 said he would decide by next month whether to lift the order or totally revoke the mine clearance.