QuestionsQuestions (DENR MEMORANDUM ORDER NO. 34-99)
It provides clarificatory guidelines to ensure consistent implementation of DENR Administrative Order No. 96-40 (Revised IRR of RA 7942) by defining procedural and substantive rules for mining applications and related requirements.
It must first check in its control maps if the area is free/open for mining applications. Only cleared applications shall be forwarded for Area Status and Clearance in accordance with DENR Memorandum Order No. 98-03.
It refers to entities or service contractors to whom the permittee has an operating agreement or other similar forms of agreement, duly approved by the Secretary.
The failure automatically opens the area to mining applications upon the expiration of the permit.
For an application for a Mineral Agreement (MA) or Financial or Technical Assistance Agreement (FTAA) filed by a permittee, the Exploration and Environmental Work Programs are not applicable as mandatory requirements and therefore shall not be required.
It must submit a Three (3)-Year Development/Utilization Work Program (instead of a Two (2)-Year Exploration Work Program), accompanied by an appropriate Mining Project Feasibility Study (MGB Form No. 5-3) signed and sealed by a licensed professional, plus the pertinent Declaration of Mining Project Feasibility signed by the applicant.
The feasibility study must be duly prepared, signed, and sealed by a licensed Mining Engineer/Geologist/Metallurgical Engineer, using MGB Form No. 5-3; the Declaration of Mining Project Feasibility must be duly signed by the applicant.
For registration, it is first forwarded to the Bureau for numbering upon the Secretary’s approval, then to the Regional Office for registration for areas outside Mineral Reservations. For areas inside Mineral Reservations, it is registered by the contractor with the Bureau, while outside reservations it is registered with the Regional Office—within 15 working days from written notice by the Director/Regional Director.
Within fifteen (15) working days from receipt of written notice by the Director/concerned Regional Director.
Yes, any two (2) or more periods (Exploration, Pre-Feasibility Study, Feasibility Study) may be simultaneously undertaken in one approved contract area, subject to Section 60 of DAO 96-40. The contractor must file a Notice to the concerned Regional Office (copy furnished the Bureau) of its intention to avail/advance as applicable, either wholly or in part, subject to approval of the Director.
The said periods shall not be availed of by the contractor.
The Mines and Geosciences Bureau shall issue up to three (3) letters-notice giving the applicant fifteen (15) to thirty (30) days upon receipt to comply with requirements, while ensuring no more than thirty (30) days interval between deadlines.
It is a ground for denial of the mining application.
For a corporation/association/cooperative/partnership: minimum authorized capital of PHP 10,000,000 and minimum paid-up capital of PHP 2,500,000.
Yes. The minimum authorized and paid-up capital may be required from just one (1) of the co-applicants.
At least PHP 2,500,000 as proof of financial capability, in the form of a bank deposit or a credit line.
For development/utilization: prior approval or indorsement by any two (2) of the concerned Sanggunian (Panlalawigan, Bayan, Barangay) via a formal Resolution or Certification. For exploration: proof of consultation with/project presentation to any two (2) concerned Sanggunian, also via formal Resolution or Certification.