A3 UNA MINING CORP. IN BOLITOC STA.CRUZ,ZAMBALES

Atienza orders confiscation of $4-M nickel ore in Zambales Publishing date: Friday, Feb. 29, 2008 (2:55 PM) | Printer-friendly page |




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Environment and Natural Resources Secretary Lito Atienza today (Feb. 29) ordered the confiscation, in favor of the government, of about 200,000 metric tons of nickel ore worth about US$4 million.

The DENR chief ordered the confiscation after the mining firm, A3 UNA Corp., failed to produce appropriate documents covering the nickel laterites/saprolite ore waiting for shipment at the company's private pier in Brgy. Bolitoc, Sta. Cruz, Zambales.

A3 UNA is a holder of a small-scale mining permit and, as such, is only allowed to extract not more than 50,000 metric tons of nickel ore annually. But considering its stockpile of 200,000 metric tons and another 45,000 metric tons shipped out last month, the firm is highly believed to have engaged in over-extraction and violated the law.




Atienza went to Zambales this morning to inspect the "hot" nickel ore. After seeing the "mountain" of minerals ready to be shipped out, he said that, "it is very evident that heavy equipment and trucks were used. It is clear that A3 UNA violated the conditions of its mining permit."

He said the kind of mining operations that A3 UNA had engaged in is an example of abuse committed by a small-scale mining permit holder. "We will not tolerate other similar and further abuses," Atienza said. "Compliance with the law ensures beneficial effects of mining to many while abuse of the law is detrimental to the many and benefits only the few.

Zambales congressman Tony Diaz, who joined Atienza in the inspection visit, charged that the trucks hauling the nickel ore from the mine site to the shipment point are overloaded and destroy the roads in the area. Sta, Cruz mayor Luisito Marty complained of not having received a single centavo of the town's share from the profits of A3 UNA.

Atienza urged local officials, like Marty, to monitor the operations of mining firms and ensure their compliance to environmental laws and their share of proceeds from mining activities.

The nickel ore at A3 UNA'S private pier was earlier placed under seizure on February 8 by the DENR pending submission by A3 UNA Corp. of documents such as ore transport permits (OTPs), mining permits, operating agreements or any document that would prove that the said nickel ore was legally sourced.

The seizure order partly stemmed from the complaints of four mining companies which alleged that A3 UNA had been mining in their permit areas without their consent, using small-scale mining permits issued by the local government.

The complainants were Zambales Chromite Mining Corp. (ZCMC), Eramen Minerals, Inc., Benguet Corp., and Filipinas Mining Corp. (FMC). ZCMC, Eramen and Benguet Corp. have valid and existing Mineral Production Sharing Agreements (MPSAs) in Sta. Cruz issued by the DENR. FMC, on the other hand, has prior right over the area by virtue of a pending MPSA application at the DENR.

Section 53 of Republic Act No. 7942 or the Philippine Mining Act of 1995 requires the issuance of an Ore Transport Permit or OTP for the transport of non-processed mineral ores or minerals, the absence of which is considered a prima facie evidence of illegal mining and considered a sufficient cause for the government to confiscate the ores or minerals, including the tools, equipment and conveyance used in the commission of the offense.

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