1 Sec. 117. Performance Bond. - The contractor shall put up a bond in an amount 2 equivalent to fifty per cent (50% ) of the projected cost of rehabilitation as validated by 3 independent studies. 4 The bond shall be forfeited in the event that the contractor shall fail or default in the 5 rehabilitation or remediation of the mining area as included in the work plan of the 6 contractor or abandons the mine at any time of its operations. 7 This amount shall be deposited in an interest-bearing account. Sec. 118. Rehabilitation. - Contractors and permittees shall technically and 8 biologically rehabilitate the excavated, mined-out, tailings covered and disturbed areas 9 to the condition of environmental safety, as may be provided in the implementing rules 10 and regulations of this Act. A mine rehabilitation fund shall be created, based on the 11 contractor's approved work program, and shall be deposited as a trust fund in a 12 government depository bank and used for physical and social rehabilitation of areas and 13 communities affected by mining activities and for research on the social, technical and 14 preventive aspects of rehabilitation. 15 immediate suspension or closure of the mining activities of the contractor/permittee 16 concerned. 17 Mining firms are hereby mandated to reforest 100 hectares of land for every one 18 hectare of land they utilize in the course of their mining operations. Mining firms are 19 also mandated to immediately restore and replant areas that they have already finished 20 excavating as they move on to other development sites: Provided, That if mining firms 21 cannot do the reforestation in their immediate area they could do the reforestation in 22 other areas provided they comply with 100:1 hectare ratio. Any mining firm found to 23 have violated or have not complied with the foregoing mandatory provisions shall be 24 held liable with the penalty of revocation of their mining permits and payment of a fine 25 of not less than One Million Pesos (PhP 1,000,000). 26 The owners, officers and management employee of said mining firms shall also be held 27 liable and be subject to imprisonment of not less than one (1) year nor more than three 28 (3) years. 29 30 Failure to fulfill the above obligation shall mean Sec. 119. Progressive rehabilitation. - Contractors shall also conduct progressive rehabilitation activities. 31 Sec. 120. Adoption o f Precautionary Principle. - When an activity related to 32 mining raises threats of harm to human health or the environment, precautionary 33 measures shall be taken proactively even if some cause and effect relationship are not 34 fully established scientifically. The mining proponent and the Bureau shall also be 35 obliged to disclose whether or not the cause and effect have not yet been scientifically 36 established. 38

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