Let courts decide question of open-pit mining—South Cotabato gov
KORONADAL CITY, Philippines—Governor Arthur Pingoy said the South Cotabato provincial government was leaving it to the courts to rule on the legality of a provincial board ordinance banning open-pit mining in the province.
The ban is seen as the biggest stumbling block to the operation of Xstrata’s Sagittarius Mines Inc. (SMI), which is developing what is being touted as one of the world’s largest gold and copper mines in Tampakan, South Cotabato.
Pingoy said the provincial government had no plans of amending the ordinance despite pressure from the national government. Among those pressuring them to relax if not repeal the ordinance, he said, was Interior Secretary Jesse Robredo.
Pingoy said Robredo had called him up recently and asked him to review the ban on open-pit mining.
But he said the ordinance, which was signed in June by then Governor Daisy Avance-Fuentes, was already in effect and only a court order could prevent the provincial government from implementing it.
“I am determined that no open-pit mine will operate in the province unless the pertinent provision of the ordinance will be nullified by the proper court,” Pingoy said.
SMI has not contested the ordinance in any court yet although it has been rallying support from residents and officials, including those from Davao del Sur, which is also part of its concession.
John Arnaldo, SMI corporate communications manager, said they were trying to resolve the problem through dialogue with South Cotabato officials.
But Pingoy said the provincial government was firm in its decision not to amend the ordinance.
“That ordinance is so good because it covers the protection and preservation of the environment,” he said.
Meanwhile, Clive Wicks, a British consultant for the privately-led Working Group on Mining in the Philippines (WGMP), said SMI will not only be violating the ban on open-pit mining if it insists on operating in Tampakan.
He said based on data that SMI has provided, the company plans to clear 3,935 hectares of forest cover, including identified old growth rainforest, for the 800-meter-deep and 500-hectare-wide open pit mine.
This is in violation of Presidential Executive Order No. 23 issued on Feb.1, 2011 by President Aquino, which imposed a moratorium on the cutting of all natural and residual forests, he said.
With a report from Orlando Dinoy, Inquirer Mindanao
