Mining groups flag regulatory risks in new DOE-DENR joint order

The major mining associations have raised concerns over newly issued joint rules from the Department of Energy and the Department of Environment and Natural Resources, warning key provisions could create investment uncertainty and undermine existing legal rights. In a joint statement on Thursday, the Chamber of Mines of the Philippines and Philippine Nickel Industry Association said they back the government’s goal of responsible resource development, but said Joint Administrative Order 2026-01 carries provisions that may conflict with existing laws, create uneven competition, and raise long-term investment risks. Their concerns include requirements that could force existing operators to surrender privately owned assets when contracts end, bidding rules that weigh closure costs against current operators unequally, and evaluation criteria that appear to downplay established operational experience and environmental performance. The groups emphasized policy consistency and respect for existing agreements remain essential to keeping the mining sector an economic driver and meeting the country’s ease-of-doing-business goals, caution that unclear rules could also hurt ongoing efforts to attract foreign investment in critical minerals such as silica. Semirara Mining and Power Corporation has also raised separate concerns, noting the draft bidding framework would require it to hand over heavy equipment and facilities as a condition to bid on its own operating area, while new entrants face no such requirement and selection appears based primarily on bid price. The Department of Energy has acknowledged concerns, temporarily pausing bidding for several coal blocks in Antique, Cagayan and Isabela to revise evaluation standards, though it expects the process to resume by November or December this year. The department has yet to release final revised rules, with Semirara Mining’s current contract set to expire in July 2027.

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