Beruflich Dokumente
Kultur Dokumente
96-40
Series of 1996
SUBJECT: Revised Implementing Rules and Regulations of Republic
Act No. 7942, Otherwise Known as the "Philippine Mining
Act of 1995"
CHAPTER VI
MINERAL AGREEMENTS
Section 31.
b.
c.
Section 32.
The following Qualified Person may apply for a Mineral Agreement for the
exploration, development and utilization of mineral resources:
a.
b.
Section 33.
The maximum area that a Qualified Person may apply for or hold at any one
time under a Mineral Agreement shall be as follows:
a.
2.
b.
c.
For
corporations,
partnerships,
associations
or
cooperatives -one hundred (100) blocks or approximately
eight thousand one hundred (8,100) hectares.
A Mineral Agreement shall have a term not exceeding twenty-five (25) years
from the date of execution thereof, and renewable for another term not exceeding
twenty-five (25) years under the same terms and conditions thereof, without
prejudice to changes mutually agreed upon by the Government and the
Contractor.
After the renewal period, the operation of the mine may be undertaken by
the Government or through a Contractor. The contract for the operation of a mine
shall be awarded to the highest bidder in a public bidding after due publication of
the notice thereof: Provided, That the original Contractor shall have the right to
equal the highest bid upon reimbursement of all reasonable expenses of the
highest bidder.
Section 35.
Mandatory
Application
Requirements
for
Mineral
Agreement
The applicant shall submit at least five (5) sets of the following mandatory
requirements depending on the type of agreement applied for:
a.
For individuals 1.
2.
3.
4.
5.
6.
7.
8.
b.
3.
4.
5.
6.
7.
8.
9.
10.
c.
3.
4.
5.
6.
7.
Section 36.
The Mineral Agreement application (MGB Form No. 6-1) shall be filed by the
applicant either personally or through its duly authorized representative with the
Bureau/concerned Regional Office: Provided, That any application that transcends
into two (2) or more regions shall be filed with the Regional Office which has the
largest area covered by the application, copy furnished the other concerned
Regional Office(s) by the applicant: Provided, further, That a Mineral Agreement
application shall be accepted only upon payment of the required fees (Annex 5-A)
to the Bureau/concerned Regional Office: Provided, finally, That any application
with incomplete mandatory requirements shall not be accepted.
The Regional Office shall regularly provide the Bureau with a list,
consolidated map and status report of Mineral Agreement applications filed in its
jurisdiction.
Section 37.
Area Status/Clearance
Within fifteen (15) working days from receipt of the Mineral Agreement
application, the Bureau/concerned Regional Office(s) shall check in the control
maps if the area is free/open for mining applications. The Regional Office shall
also transmit a copy of the location map/sketch plan of the applied area to the
pertinent Department sector(s) affected by the Mineral Agreement application for
area status, copy furnished the concerned municipality(ies)/city(ies) and other
relevant offices or agencies of the Government for their information. Upon
notification of the applicant by the Regional Office as to the transmittal of said
document to the concerned Department sector(s) and/or Government
agency(ies), it shall be the responsibility of the same applicant to secure the
necessary area status/consent/clearance from said Department sector(s) and/or
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
u.
v.
w.
x.
y.
z.
aa.
ab.
or
Assignment
of
Mineral
Agreement
Within fifteen (15) working days from receipt of the Certification issued by
the Panel of Arbitrators as provided for in Section 38 hereof, the concerned
Regional Director shall initially evaluate the Mineral Agreement applications in
areas outside Mineral Reservations. He/She shall thereafter endorse his/her
findings to the Bureau for further evaluation by the Director within fifteen (15)
working days from receipt of forwarded documents. Thereafter, the Director shall
endorse the same to the Secretary for consideration/approval within fifteen (15)
working days from receipt of such endorsement.
In case of Mineral Agreement applications in areas within Mineral
Reservations, within fifteen (15) working days from receipt of the Certification
issued by the Panel of Arbitrators as provided for in Section 38 hereof, the same
shall be evaluated and endorsed by the Director to the Secretary for
consideration/approval within fifteen (15) working days from receipt of such
endorsement.
10
Section 42.
While awaiting for the approval of the Mineral Agreement application by the
Secretary, the Director may, upon the request of the applicant, issue a one-time
non-renewable Temporary Exploration Permit (TEP) with a term not exceeding one
(1) year to undertake exploration subject to the applicable provisions of Chapter V
of these implementing rules and regulations: Provided, That the term of the TEP
shall be deducted from the exploration period of the Mineral Agreement:
Provided, further, That in the event that the Mineral Agreement application is
disapproved by the Secretary, the TEP is deemed automatically canceled.
Section 43.
Upon approval of the Mineral Agreement by the Secretary, the same shall
be forwarded to the Bureau for numbering. The Director shall notify the
Contractor to cause the registration of its Mineral Agreement with the Bureau for
areas inside Mineral Reservations or with the concerned Regional Office for areas
outside Mineral Reservations within fifteen (15) working days from receipt of the
written notice. Registration is effected only upon payment of the required fees
(Annex 5-A). The Bureau/concerned Regional Office shall officially release the
Mineral Agreement to the Contractor after registration of the same.
Failure of the Contractor to cause the registration of its Mineral Agreement
within the prescribed period shall be a sufficient ground for cancellation of the
same.
Section 44.
11
The Contractor shall manifest in writing its request to the Director, copy
furnished the concerned Regional Director, for withdrawal from the Mineral
Agreement, if in its judgment the mining project is no longer economically
feasible, even after it has exerted reasonable diligence to remedy the cause(s) or
situation(s).
After verification and validation by the Bureau and upon compliance or
satisfaction of all the Contractor's financial, fiscal, environmental and legal
obligations at the time of withdrawal, the Director within a period of thirty (30)
calendar days shall send an acceptance notice of withdrawal to the Contractor,
cause the opening of the subject area to mining applications and release the
Contractor's financial guaranty/performance bond.
Section 48.
All holders of lease contracts which are about to expire and Quarry
Permits/licenses with pending Mineral Agreement applications may file an
application for Special Mines Permit with the Bureau/concerned Regional Office. A
Special Mines Permit (SMP) may be issued by the Director/concerned Regional
Director upon clearance by the Secretary and shall be for a period of one (1) year
from the expiration of the lease contract or Quarry Permit/license, renewable
once, subject to the following conditions and requirements:
a.
b.
12
c.
d.
e.
f.
g.
h.
13