Citing environmental concerns and potential disaster scenarios, Mamamayang Liberal (ML) Party-list Rep. Leila de Lima is pursuing a ban on black sand mining, including the use of dredging activities as a front for this type of mining.

De Lima, a former senator, sought this prohibition in House Bill (HB) No.1843, also known as the proposed Anti-Black Sand Mining Act.

"Studies by environmental groups in areas with black sand mining showed that black sand mining operations contributed to the depletion of fisheries, erosion of land and severe flooding in coastal and riverside communities," De Lima said in the explanatory note of her measure.

Her measure is expected to boost the cause of fisherfolk organizations like PAMALAKAYA, which are opposing dredging operations in Cagayan River. They claim that the Chinese-led dredging there is a mere front for black sand extraction and nof genuine river rehabilitation. 

Section 4 of De Lima's bill seeks to "prevent black sand mining under the guise of dredging" by mandating that "All dredging permits shall require that all dredged materials collected in sites where black sand or magnetites exist be disposed in government- controlled dredgeflls."

"Dredging permits shall likewise require a prior certification from the Mining and Geosciences Bureau, Department of Environment and Natural Resources (DENR) on whether black sand or magnetites exist in [the] proposed mining sites," the provision read.

HB No.1843 also cited predictions that "areas mined for magnetite or black sand could sink and be underwater within 30 to 70 years as rapid subsidence will highly expose the said areas to flooding and seasonal typhoon".

The De Lima measure mentions in particular the case of Cagayan province. "In Cagayan, for example, residents have expressed alarm at the effects of black sand mining activities."

"In a press conference in September 2013, Ofelia Fuentes of Samahan ng Kababaihan sa Buguey at Sta. Teresita said that due to black sand mining in Cagayan River and coastline, houses are crumbling because the sand underneath it are getting eroded, rice fields are shrinking and harvests are becoming less as the fields are inundated by sallwater, and fisherfolk are reporting reduced catch," read HB No.1843.

The Mines and Geosciences Bureau (MGB) defines black sand or magnetite as dark, often glossy mixture of sand materials that originate from the weathering of dark rocks siluated near shore or transported from inland hrough natural drainage mostly deposited in beaches and river deltas.

Black sand is an important mineral that keeps sand particles heavier and more compressed, thus serving as a natural barrier of land suraces and fresh water deposits from seawater and ensures that seawater is at a level lower than land surface area.

It is used as an additive in the manufacture of concrete and steel products, magnets, paints, ink, paper, jewelry and cosmetics. It is a very lucrative commodity in foreign markets such as in Čhina, Taiwan and Korea.

The measure also cites reports that black sand rmining operations could cause serious health issues, particularly skin and lung diseases.

During here tenure as a senator, De Lima fled Senate Resolution (SR) No. 687 during the 18th Congress to investigate the Cagayan Ofshore Magnetite Mining Project due to its reported negative environmental and social impacts to jocal communities and ecosystems in the province of Cagayan.

HB No.1843, filed in the current 20th Congress, declares that it shall be unlawful for any person, natural or juridical, to engage in black sand or magnetite mining in the coastal areas and river deltas of the country.

It shall also be unlawful for any person, natural or juridical, to appropriate any and an dredged materials collected in sites where black sand or magnetites exist.

Any person violates the provisions of the proposed Act shall be punished with imprisonment of not less than six years but not more than 12 years, and a fine of not less than P1,000,000 but not more than P10,000,000.

If the offender is a public officer or employee, the penalty shal lbe imposed in its maximum period and fine,and suffer perpetual absolute disqualification from holding any appointive or elective position in government or in any agency, entity, or instrumentality thereof, the bill said.