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Republic o F The Philippines Department o F Environment and Natural Resources

This document outlines amendments made to Department Administrative Order No. 96-40 regarding the revised implementing rules and regulations of the Philippine Mining Act of 1995. Key amendments include: 1) Expanding the areas closed to mining applications to include offshore areas within 500 meters of the mean low tide level and onshore areas within 200 meters, as well as offshore areas less than 1,500 meters from land where the seabed depth is less than 30 meters. 2) Requiring applicants for exploration permits to submit a Certificate of Environmental Management and Community Relations Record or Certificate of Exemption, and Environmental Work Program after application acceptance but before permit issuance. 3) Specifying new requirements for publishing notices of exploration permit

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Krist Jan Jimenez Separa
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344 views16 pages

Republic o F The Philippines Department o F Environment and Natural Resources

This document outlines amendments made to Department Administrative Order No. 96-40 regarding the revised implementing rules and regulations of the Philippine Mining Act of 1995. Key amendments include: 1) Expanding the areas closed to mining applications to include offshore areas within 500 meters of the mean low tide level and onshore areas within 200 meters, as well as offshore areas less than 1,500 meters from land where the seabed depth is less than 30 meters. 2) Requiring applicants for exploration permits to submit a Certificate of Environmental Management and Community Relations Record or Certificate of Exemption, and Environmental Work Program after application acceptance but before permit issuance. 3) Specifying new requirements for publishing notices of exploration permit

Uploaded by

Krist Jan Jimenez Separa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 16

L

&a. Republic o f the Philippines


Department o f Environment and Natural Resources
Visayas Avenue. Dilimad, Quezon City
'Tel Nos. (632) 929-66-26 to 29 (632) 929-62-52

DEPARTMENT ADMINISTRATIVE ORDER


NO.2007 - 1.5

SUBJECT: AMENDMENTS TO DEPARTMENT ADMINISTRATIVE


ORDER NO. 96-40, AS AMENDED, OR THE "REVISED
IMPLEMEN'I'ING RULES AND REGULA'I'IONS OF
REPUBLIC ACT NO. 7942, OTHERWISE KNOWN AS THE
'PHILIPPINE MINING ACT OF 1995' "

Pursuant to Sections 4 and 8 of Republic Act (RA) No. 7942, otherwise


known as the "Philippine Mining Act of 1995" and Section 275 of Department
Administrative Order (DAO) No. 96-40 entitled "Revised Implementing Rules and
Regulations of RA No. 7942," as amended by DAO Nos. 99-57, 2000-61, 200346,
2004-54, 2005-15 and 2007-12, following the continuing policy of the Government
to provide for a responsive regulatory framework, and in view of the need to
expedite the grant of mining tenements in line with the policy of revitalizing the
minerals industry, the following Sections of DAO No. 96-40, as amended, are
further amended:

Section 1. Section 15. (Areas Closed to Mining Applications) is hereby


amended such that new Sections 15.4 and 15.5 shall be added
and the existing Section 15.4 renumbered as Section 15.6, to read
as follows:

Xxx

4. Offshore areas within five hundred (500) meters from the mean low tide level
and onshore areas within two hundred (200) meters from the mean low tide
level along the coast;
5. In case of seabedlmarine aggregate quarrying, offshore areas less than 1,500
meters from the mean low tide level of land or island(s) and where the seabed
depth is less than 30 meters measured at mean sea level; and
6. Areas expressly prohibited by law.

Xxx.

X x x."

Section 2. Section 19. (Application for Exploration PermitlMandatory


Requirements), as amended, is hereby further amended, to read
as follows:

The Certificate of Environmental Management and Community Relations


Record (CEMCRR)/Certificate of Exemption, Environmental Work Program (MGB
rPr,
Let's Go Green
Form No. 16-1 or MGB Form No. 16-1A) as provided for in Section 168 hereof, shall
be required from the Exploration Permit applicant after acceptance of the
application but prior to the issuance of the pertinent Notice of Application.

The Certificate of Non-Overlap for areas without lndigenous Cultural


Communitylies (ICCs)/lndigenous Peoples (IPS) or Certification Precondition from
the National Commission on lndigenous Peoples (NCIP) for areas with ICCsllPs
shall be secured by the Exploration Permit applicant in accordance with the NClP
rules and regulations: Provided, 'That in case the aforesaid requirements are not
issued within the NCIP's prescribed periods, the Exploration Permit applicant shall
submit the NCIP's Report on the Field-Based Investigation for the applied area that
does not overlap ancestral domain, or the Memorandum of Agreement (MoA)
executed by and among the Exploration Permit applicant, ICCIIP concerned and the
NClP for the applied area that affects the ICCsllPs: Provided, further, That the said
Certificate of Non-Overlap or Certification Precondition shall be submitted by the
Exploration Permit applicant within ninety (90) days from issuance of the
Exploration Permit.

X x x."

Section 3. Section 21. (PublicationlPostinglRadio Announcement of an


Exploration Permit Application) is hereby amended, to read as
follows:

"Section 21. PublicationlPostinglRadio Announcement of an Exploration


Permit Application

Within five (5) working days from receipt of the necessary area
clearances, the Regional Office(s) concerned shall issue the Notice of
Application for Exploration Permit to the applicant for publication and radio
announcement, and to the Offices concerned for posting. The Notice must
contain, among others, the name and complete address of the applicant,
duration of the permit applied for, extent of exploration activities to be
undertaken, area location, geographical coordinateslmeridional block(s) of the
proposed permit area and location maplsketch plan with index map relative to
major environmental features and projects and to the nearest municipalities.

Within five (5) working days from receipt of the Notice, the Exploration
Permit applicant shall cause the publication thereof once in two (2)
newspapers: one of general circulation published in Metro Manila and another
published in the municipality or province where the proposed permit area is
located, if there be such newspapers; otherwise, in the newspaper published
in the nearest municipality or province. The pertinent affidavits of publication
shall be submitted by the Exploration Permit applicant to the Regional Office
concerned within five (5) days from the date of publication of the Notice.

The Regional Office concerned shall cause the posting of the Notice
on its bulletin board, and those of the province(s) and municipality(ies)
concerned, or city(ies) concerned, for one (1) week, copy furnished the
Bureau and the barangay(s) where the- proposed permit area is located.
Where necessary, the Notice shall be in a language generally understood in
the concerned locality where it is posted.

The radio announcements shall be made daily for one (1) week in a
local radio program and shall consist of the name and complete address of

2
c.pr

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