Ordinance No. 6, S. 1999
SP Regular Session
27 August 1999
There is a strong public clamor, particularly the civil society sector, the Church, members of the academe, and other civic groups, for a cessation of all large-scale mining activities, inlcuding but not limited to exploration, land clearing and other mining activities, within the Province of Capiz;
There is a strong public clamor for the cessation of the filing of applications, the processing of the same, and the issuance of permits, agreements and other documents and instruments related to mining activities in the Province of Capiz;
There are, at present, several mining claims and approved mining agreements within the Province of Capiz, and there are pending applications for mining permits and agreements;
There is a need to study and evaluate the cumulative and long-term impacts of mining projects and activities in the Province of Capiz.
ORDINANCE NO. 6
Series of 1999
BE IT ORDAINED BY THE SANGGUNIANG PANLALAWIGAN, IN SESSION ASSEMBLED AND BY AUTHORITY OF THE SAME, THAT:
Section 1. The Local Government Code provides that it is the policy of the State that the territorial and political subdivisions of the State, shall enjoy genuine and meaningful autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals through a system of decentralization whereby local government units shall be given more powers, authority, responsibility and resources;
It is likewise the policy of the state to require all national agencies and offices to conduct periodic consultations with appropriate local government units, non-governmental and people's organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions;
The Local Government Code further provides that every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, and preserve the comfort and convenience of their inhabitants;
It shall be the duty of every national agency or government-owned or controlled corporation authorized or involved in the planning and implementation of any project or program that may cause pollution, climatic change, depletion of non-renewable resources, loss of cropland, rangeland, or forest cover, and extinction of animal or plant species, to consult with the local government units, non-governmental organizations and other sectors concerned, and explain the goals and objectives of the project or program, its impact upon the people and the community in terms of environmental or ecological balance, and the measures that will be undertaken to prevent or minimize the adverse effect thereof.
To this end, no project or program shall be implemented by government authorities unless the consultations mentioned in Section 2 and 26 of the Local Government Code are complied with, and prior approval of the Sanggunian concerned is obtained.
Section 2. In its concern for the protection and conversation of the remaining natural resources of the province and the general welfare of the constituents of Capiz, the Sangguniang Panlalawigan, henceforth, declares a moratorium on all mining activities within the Province of Capiz. It shall be unlawful for any person or business entity to engage in land clearing, prospecting, exploration, drilling, excavation, mining transport or mineral ores and such other activities in furtherance of and/or preparatory to large-scale mining operations for a period of fifteen (15) years.
Section 3. Any person found violating this ordinance shall be penalized with a fine of not more than Five Thousand Pesos (P 5,000.00) or imprisonment of no less than eight (8) to twelve (12) months or both and confiscation and forfeiture of all products, equipment and other paraphernalia used in the activity.
If the accused is a corporation or a business enterprise, the penalty shall be imposed upon its officers, directors, managers, and such other persons who have caused the commission of such acts.
Section 4. To provide the mechanics for the implementation of this ordinance, the Chief Executive of this province shall issue an executive order creating a Provincial Task Force to be composed of officials chosen at his discretion.
Section 5. Should any provision of this ordinance be later declared as unconstitutional, the same shall not affect other provisions hereof.
Section 6. All existing ordinances or provisions of an ordinance inconsistent herewith, shall be deemed modified, amended or repealed accordingly.
Section 7. This ordinance shall take effect ten (10) days after its publication.
ENACTED: 27 August 1999.
I hereby certify to the correctness of the foregoing ordinance.
|
(SIGNED) | |
ATTESTED:
(SIGNED) | |
APPROVED: (SIGNED) | |
ATTESTED: (SIGNED) |
Copied from the xeroxed copy of the original/armi.LTK/Ordinance No.6, Province of Capiz.