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