Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1899)
Small-scale mining refers to any single unit mining operation having an annual production of not more than 50,000 metric tons of ore, which is artisanal, either open cast or shallow underground mining without sophisticated mining equipment, requires minimal investment on infrastructures and processing plant, heavily relies on manual labor, and is owned, managed, or controlled by a qualified individual or entity under existing mining laws.
Holders of mining rights that meet the conditions defined in Section 1, who have valid and existing mining rights and have complied with existing mining laws, rules, and regulations before the promulgation of this Decree, can apply to be a small-scale mining permittee or licensee.
A small-scale mining permit or license is valid for two (2) years and renewable for another two (2) years.
The small-scale mining permittee or licensee must produce within twelve (12) months from the date of issuance of the permit or license and submit verified periodic reports. Failure to comply will result in forfeiture of the granted rights.
Yes, during the term of the permit or license, small-scale mining permittees/licensees are exempt from payment of all taxes except income tax.
The Bureau of Mines and Geo-Sciences is responsible for providing technical assistance whenever feasible, as determined by its Director.
Yes, the Director may waive some requirements from other government agencies if deemed unnecessary for the proper implementation of the Decree's provisions.
They shall be governed by the implementing rules and regulations to be promulgated. The permit areas falling under this provision and their immediate vicinity shall be closed to mining location, but the permittee/licensee has the first option to locate such areas under other mining laws within two (2) years from the grant of the permit or license.
The Minister of Natural Resources, upon the recommendation of the Director of Mines and Geo-Sciences, has the authority to promulgate rules and regulations to properly implement the Decree.
All laws, decrees, letters of instructions, executive orders, administrative orders, rules, and regulations or parts thereof that are inconsistent with any provision of this Decree are repealed, amended, or modified accordingly.