1 No mining operations shall be allowed without the Council having been properly 2 convened. 3 Sec. 43. Areas open to mining. - The Council shall have the power to determine 4 whether or not the land where mineral resources are found shall be opened to mining. 5 Areas may only be opened to mining upon the vote of two-thirds of all the members of 6 the Council pursuant to the guidelines provided by this Act. In determining whether or 7 not such area shall be opened, the following shall be required: 8 a. Report of the Bureau on the conducted exploration; 9 b. Existence of downstream industries for the mineral resources; 10 c. Potential environmental impacts; 11 d. Potential cultural impacts; 12 e. Conflict and risk assessment; 13 f. Potential health impacts; 14 g. Potential economic benefits of the development and utilization of the 15 minerals; 16 h. Carrying capacity and the ecological profile of the area; 17 i. Existing and alternative land uses of the area; and 18 j. Local government land use plan. 19 No mining application shall be allowed unless an environmental economic audit or 20 resource valuation of the proposed mining area has been conducted or prepared 21 applying acceptable valuation standards. This audit or resource valuation shall be 22 conducted 23 stakeholders. It shall include determination of the expected economic returns and the 24 potential negative impacts from mining on the enjoyment and exercise of human rights, 25 cultural rights, and on peace and security. A detailed study must mention the flora, 26 fauna and environment present in the mining claim and the impact of mining operations 27 on the environment, the possible environmental degradation and the attendant loss of 28 subsistence resources cause. There must be mention of existence of sacred areas or 29 areas otherwise of cultural significance and address the impacts of resource exploitation 30 on indigenous peoples and local communities. 31 This information shall be accessible to the public at all times. P r o v i d e d i n no case 32 shall the Council open the following areas to mining: 33 34 in coordination with multisectoral group of experts and community a) Areas declared by Local Government Units as No-Mining Zones as specified by local ordinances, and other issuances; 35 b) Densely populated areas, especially residential areas; 36 c) Head waters of watershed areas; 20