Question & AnswerQ&A (DENR ADMINISTRATIVE ORDER NO. 95-936)
The title is "Implementing Rules and Regulations of the Philippine Mining Act of 1995."
All mineral resources are owned by the State.
To promote their rational exploration, development, utilization, and conservation through combined efforts of government and private sector to enhance national growth, safeguard the environment, and protect affected communities' rights.
FTAA means a contract involving financial or technical assistance for large scale exploration, development and utilization of mineral resources.
Applicants must be qualified persons with satisfactory environmental and socio-cultural management track records, must commit necessary financial resources and qualified staff for environmental assessment and community relations, and meet Filipino ownership and incorporation requirements.
Not exceeding twenty-five (25) years from the date of execution, renewable for another period not exceeding twenty-five (25) years under mutually agreed terms.
Areas open include public or private lands not covered by valid mining rights, lands with expired/abandoned/cancelled mining rights, mineral reservations, and timber or forestlands as defined by law.
Mining applications are not allowed in military reservations without clearance, near public or private buildings and infrastructure without consent, areas covered by valid mining rights or existing applications, small-scale mining areas without consent, old growth forests, protected areas under NIPAS, and areas the Secretary may include due to environmental or land use concerns.
The applicant must submit required documents including maps, work program, financial plan, proof of capability, and an Environmental Work Program. The application must be posted in affected localities and published in newspapers with a protest period of 45 days. The permit is issued if requirements are met, conflicts resolved, and fees paid.
They have the right to enter, occupy, and explore the area subject to prior rights. They must negotiate with affected surface owners or communities and undertake exploration as per approved work program and report results.
Contractors must pay a royalty of not less than 5% of the market value of gross output from the mineral reservation, which is in addition to other taxes.
They are resolved by a Panel of Arbitrators composed of legal and technical members designated by the Secretary, which has exclusive jurisdiction over mining rights disputes.
EIS evaluation confirming the project will not bring about unacceptable environmental impact and compliance with Environmental Impact Statement System requirements.
Penalties per the provisions of DAO 11, S. 1992, DAO 21, S. 1994 and other environmental laws apply, including suspension or cancellation of permits and other administrative sanctions.
To ensure satisfactory compliance with environmental rehabilitation commitments of mining projects and availability of funds for physical and social rehabilitation of affected areas.
The Committee includes the MGB Director (Chairman), Environmental Management Bureau Director (Co-Chairman), the concerned Regional Director, a community representative from mining contract area, and a contractor/permit holder representative.
Must include proof of financial and technical capability, program and financial plan, location maps related to environmental features, environmental compliance certificate or work program, and for corporations, SEC documents and technical competence proof.
Ten (10) blocks or approximately 810 hectares for individuals; one hundred (100) blocks or approximately 8,100 hectares for corporations/partnerships/cooperatives/associations.
Persons under 16 years of age are prohibited from employment in mining operations; persons under 18 not allowed to work underground.