First posted 01:33pm (Mla time) June 14, 2006
By Blanche Rivera, Christine A. Gaylican, Bobby Labalan
Inquirer
http://news.inq7.net/archive_article/index.php?ver=1&index=1&story_id=4854Editor's Note: Published on page A1 of the June 14, 2006 issue of the Philippine Daily Inquirer
AFTER SEVEN months of suspended operations due to the illegal discharge of mine tailings, Australian mining firm Lafayette Mining Ltd. has been allowed to conduct a 30-day test run of its facilities on Rapu-Rapu Island in Albay province.
The Department of Environment and Natural Resources (DENR) yesterday lifted temporarily its suspension order to check if the remedial measures put in place by Lafayette would work.
Lafayette would be allowed to start its test-run only after making an escrow deposit of the P10.4-million fine imposed by the Pollution Adjudication Board of the DENR for the firm’s violation of the Clean Water Act following the mine spills on Oct. 11 and 31 last year.
The company had filed a motion for reconsideration in the PAB and refused to pay the fine until the case was resolved. It paid only the P300,000 penalty for violating the conditions of its environmental compliance certificate (ECC).
“The DENR came to the conclusion that the two tailings spills were preventable, that Lafayette was guilty of operational, technical and management lapses, and that the company’s project still has to measure up to the standards of responsible mining,” Environment Secretary Angelo T. Reyes said at a press conference.
The DENR, however, said it felt that “the best option to take is to allow Lafayette to resume operations subject to certain stringent conditions,” as an abandoned open-pit mine like the one in Rapu-Rapu would be less environmentally safe and beneficial to the community.
“They can consider this 30-day period an acid test. No pun intended,” Reyes said, adding that the test run would be evaluated by government and third-party experts.
The government said allowing Lafayette to resume operations would result in 900 jobs, P3 billion in government revenues, and P5 million a year in project commitments.
Rapu-Rapu is expected to produce copper, gold, silver and zinc valued at $350 million over six years.
The company welcomed the department’s decision, saying it would comply with the conditions immediately and could be ready for the test run by July.
“We are very confident that the remedial measures we have undertaken will allow us to comply with the requirements of the DENR and hurdle the 30-day test run,” said Carlos G. Dominguez, Lafayette chief executive officer and president.
Dominguez said his company was still clarifying the guidelines and the conditions set by the DENR for the test run.
Conditions accepted“We are accepting the conditions being imposed on the company and as soon as we clarify certain points, we would want to start with the test run. After we passed it, our next step would be to seek permission from the DENR to allow us to go full steam with production,” he said.
Environmental groups had called for a closure of the mine and a repeal of a 1995 law opening the mining industry to foreign firms. The incident has become a test case of President Gloria Macapagal-Arroyo’s commitment to mining investments, as well as enforcement of environmental safeguards.
The cash-strapped government had opened the mining industry to foreigners in hopes of generating $5 billion to $7 billion in foreign exchange annually and creating 240,000 jobs over the next six years.
The head of the defunct Rapu-Rapu Fact-Finding Commission that conducted a probe of the effects of mining on Rapu-Rapu Island expressed great disappointment at the DENR decision.
Sorsogon Bishop Arturo Bastes said the decision ignored the findings of scientists and the clamor of the people for the closure of the mine.
“We are only recommending. Sadly, they didn’t follow our recommendations. We’ll wait what will happen,” the prelate said.
Charles Avila, former vice chair of the fact-finding committee, said the government missed the opportunity to give a strong warning to the mining industry about its seriousness to impose harsh penalties on erring mining companies.
While it recommended for the cancellation of Lafayette’s ECC, the committee suggested that the company be allowed to reapply.
With the cancellation of the ECC, the government would be sending a message that it would not think twice about imposing harsh penalties on firms found violating Philippine laws. But the government would still allow mining firms to apply for a new permit based on the rules set by government agencies, Avila said.
Three-stage test runIn a 70-page report prepared over three weeks, experts from the Mines and Geosciences Bureau of the DENR detailed a three-stage test run for Lafayette.
The first stage, spanning five days, involves the running of clean water into the pipe network to check for leaks and the efficiency of the pumps, detoxification circuit and events pond.
The second stage, spanning nine days, involves mixing of non-ore rocks with wastewater and circulating this to test the electro-mechanical system.
The last stage, spanning 15 days, involves actual production of up to 30 percent capacity to simulate normal operations to determine the efficiency of the whole system.
“Before, during and after the test run, certain conditions would have to be met. After the company complies with all these conditions, a final lifting order shall be issued to Lafayette for it to resume full operations,” Reyes said.
“If they don’t pass it (test run), we close it (mining project),” he said.
Unfavorable to RPThe DENR’s five findings echoed much of the report of the Malacañang-created Rapu-Rapu Fact-Finding Commission.
Reyes acknowledged that the 23-77 percent sharing of benefits from the mineral utilization of Rapu-Rapu Island had “clearly been grossly unfavorable to the Philippine government.”
If the island had not been declared a special economic zone, which entails tax incentives, the sharing would have been 54-46 in favor of the government.
With reports from Gil C. Cabacungan Jr. and Norman Bordadora in Manila
PDI Southern Luzon Bureau