* This is my article in BusinessWorld on October 27, 2017.
See also:
BWorld 151, Mining taxes per hectare of land, September 22, 2017
BWorld 159, Electoral reforms and the President, October 19, 2017
Open pit mining (OPM) is not as scary and draconian as
many activists would paint it to be. Thus the ban on OPM by the CA-rejected
ex-DENR secretary Gina Lopez has little or zero technical basis, only emotional
outburst.
The Mining Industry Coordinating Council (MICC), the
multi-stakeholder body on the sector has finally decided that the ban on OPM
should be abandoned and new DENR Secretary Roy Cimatu has said that he will
soon issue a new department order for this.
OPM is done and practiced in many countries including
developed ones like the US, Australia, Germany, Sweden and Canada. Mining firms
and their stockholders get good income, governments get huge tax revenues, many
workers get long-term high-paying jobs, and consumers worldwide enjoy continued
supply of electricity, gadgets, appliances, cars, steel bars and numerous other
products of mining. (See table)
Now that the uncertainty of OPM banning has been removed,
existing mines should be able to continue their production without fear of
policy reversals. The image of the country as having fickle, atras-abante
investment policies should be somehow corrected.
New, big prospective mining projects in the Philippines
will hopefully see the green light for their operations. Two of those big
potential projects are (1) the $2-billion MVP-led Silangan gold mine in Surigao
del Norte, and (2) the $5.9-billion Tampakan gold-copper project in South
Cotabato. The latter is actually the Philippines’ single biggest foreign investment
project and is expected to bring huge income for the locals and the government,
national and local.
Many local anti-mining groups vehemently oppose the
Tampakan project citing thousands of hectares of land that will soon be wasted.
That is an outright exaggeration. The copper-gold ore extraction in just one
area is projected to be about 2.5 kms. wide, 3 kms. long and about 0.8 km deep,
after 17 years of operation. This is significantly smaller than the Hibbing and
Bingham Canyon in the US, among other big OPMs in the world.
Government should simply set the parameters and criteria
for business to follow based on existing laws, like the Mining Act of 1995.
Once government has given its permit and approval for a mining project, it
should simply monitor the players that they comply with the laws and penalize
violators, not change rules midway and in the process, violate the laws that it
is bound to follow and implement in the first place.
The rule of law applies not only to businesses and
regulated entities but also to the government. The rule of law applies to both
governors and governed, both administrators and administered, both regulators
and regulated. If governors and regulators want to exempt themselves from the
law and make their own instant rules, that is the rule of men with arbitrary
powers circumventing the rule of law.
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See also:
BWorld 151, Mining taxes per hectare of land, September 22, 2017
BWorld 159, Electoral reforms and the President, October 19, 2017
BWorld 160, A high carbon tax is irrational, October 25, 2017
BWorld 161, The sin of smuggling and corruption in the Sin tax law, November 02, 2017
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