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PRESIDENTIAL DECREE NO. 1251
PRESIDENTIAL DECREE NO. 1251 -
IMPOSING A FEE ON OPERATING MINING COMPANIES TO BE KNOWN AS "MINE
WASTES AND TAILINGS FEE" TO COMPENSATE FOR DAMAGES TO PRIVATE
LANDOWNERS AND FOR OTHER PURPOSES
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WHEREAS, in
order to abate pollution and maintain a healthy environment,
Presidential Decree Nos. 463, 984, 1151, 1152 and 1198 were
promulgated, and regulations, policies and guidelines therefor
approved; chanroblesvirtualawlibrary
WHEREAS, while pollution has to some extent been considerably reduced
in view of the implementation of said decrees, regulations, policies
and guidelines, the damages caused by pollution on lands, agricultural
crops and forest products, marine life and aquatic resources, and the
destruction inflicted on infrastructures still remain to be compensated;chanroblesvirtualawlibrary
WHEREAS, there is a need to revegetate and rehabilitate silted farm
lands and other areas devoted to agriculture, aquaculture and fishing
and to reconstruct infrastructure by placing the same to its original
condition as of before such mining operations/activities; and
WHEREAS, it is imperative to generate funds by imposing a fee on
operating mining companies for the purposes mentioned above.
NOW, THEREFORE, I FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby decree
and order the following:cralaw:red
Section 1. A semi-annual fee to be known as "Mine
Wastes and Tailings Fee" is hereby imposed on all operating mining
companies at such amount/s to be determined by the Secretary of
National Resources, upon the recommendation of the Director of Mines.
Section 2. The Mine Wastes and Tailings Fee shall
accrue to a reserve fund to be used exclusively for payment of damages
on lands, agricultural crops and forest products, marine life and
aquatic resources, the destruction of infrastructures, and the
revegetation and rehabilitation of silted farm lands and other areas
devoted to agriculture and fishing caused by pollution due to the
operation of mining companies. chanroblesvirtualawlibrary
Section 3. For the purpose of evaluating the amount
of damages mentioned in Section hereof, there is hereby created a
committee to be composed of the following:cralaw:red
1. Commissioner, National Pollution Control
Commission, Chairman.
2. Director, Bureau of Mines, Vice Chairman.
3. Administrator, National Irrigation Administration,
Member.
4. Director, Bureau of Lands, Member.
5. Director, Bureau of Plants Industry, Member.
6. Director, Bureau of Fisheries and Aquatic
Resources, Member.
7. Executive Director, National Environmental
Protection Council, Member. chanroblesvirtualawlibrary
8. Director, Bureau of Forest Development, Member.
Section 4. The Secretary of Natural Resources, upon
the recommendation of the Director of Mines, shall promulgate rules and
regulations to implement the provisions of this Decree.
Section 5. If any section or provision of this Decree
is held or declared unconstitutional or invalid by a competent court,
the other sections or provisions hereof shall continue to be in force
as if the sections or provisions so annulled or voided had never been
incorporated in this Decree.
Section 6. All laws, executive orders, decrees, rules
and regulations or parts thereof, contrary to or inconsistent with the
provisions of this Decree, are hereby repealed and amended or modified
accordingly.
Section 7. This Decree shall take effect immediately
upon promulgation.
Done in the City of Manila,
this 28th day of November, in the year of Our Lord, nineteen hundred
and seventy-seven.
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