Title
Mining Operations Rules for Partido Development
Law
Mgb Memorandum Order No. 2011-02
Decision Date
Jun 24, 2011
MGB Memorandum Order No. 2011-02 establishes the implementing rules and regulations for mining operations in specific municipalities of Camarines Sur, aiming to promote responsible mineral resource management and encourage investment in local mining projects while outlining the roles of the DENR and Partido Development Administration in the process.
A

Q&A (MGB MEMORANDUM ORDER NO. 2011-02)

The primary objectives are to promote the rational exploration, development, utilization, and conservation of mineral resources in the specified municipalities of Camarines Sur and to encourage investments in responsible mining projects to enhance local economic growth.

The Department of Environment and Natural Resources (DENR) has the authority to act on mining applications endorsed by the PDA.

The PDA is responsible for endorsing mining applications to the DENR, coordinating with DENR for monitoring mining activities, generating funds for its operations and mining projects, and linking with other institutions for additional support.

The Evaluation Committee is composed of a Chair (MGB Director or authorized representative), a PDA nominee, and a common nominee of the Chair and PDA nominee. Its function is to evaluate mining applications prior to endorsement for issuance of clearance by the PDA and approval by the DENR.

Exploration Permits are valid for two years, renewable but not exceeding four years for nonmetallic minerals and six years for metallic minerals. Maximum areas are limited based on whether the applicant is an individual or corporation, and whether the area is onshore or offshore, with specific hectare limits set for each category.

Mandatory requirements include a location map/sketch plan, two-year exploration work program, proof of technical competence, proof of financial capability, corporation documents if applicable, and sworn declarations about total area covered by applications. Environmental certificates and Indigenous Cultural Communities’ certifications are also required.

Within five working days from application acceptance, MGB forwards the application to PDA for clearance. The applicant negotiates a Memorandum of Agreement with PDA. PDA facilitates local consultation and endorsement. MGB checks area status within fifteen working days and coordinates with relevant government agencies for necessary consents, which must be provided within thirty working days.

The applicant must publish a Notice of Application in two newspapers (one national, one local), post notices in government offices and municipalities for one week, and conduct daily radio announcements for one week. Affidavits of publication must be submitted. Adverse claims may be filed within ten days and must be resolved before approval.

Failure to register the Exploration Permit within fifteen working days after notice results in cancellation of the permit.

The separability clause provides that if any part of the Memorandum Order is declared invalid, the other provisions shall remain in full force and effect.


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