Question & AnswerQ&A (DENR Administrative Order No. 2015-03)
The official title is the Revised Implementing Rules and Regulations of RA No. 7076, otherwise known as the People's Small-Scale Mining Act of 1991.
The policy is to promote, develop, protect, and rationalize viable small-scale mining activities to generate employment, ensure equitable sharing of wealth and natural resources, and respect existing rights under RA No. 7076 and Executive Order No. 79.
'Minahang Bayan' or People's Small-Scale Mining Area refers to the entire area declared as such pursuant to RA No. 7076 designated for small-scale mining activities.
The Board is composed of the Regional Director of the Mines and Geosciences Bureau as Chairperson, and representatives of the Governor/City Mayor, small-scale miners, large-scale miners, and environmental NGOs. Its functions include declaring Minahang Bayan, awarding small-scale mining contracts, settling disputes, and submitting annual reports, among others.
The small-scale mining contract area shall not be less than 1.25 hectares and not more than 20 hectares per contract, following the meridional block system.
Small-scale miners must not use explosives or heavy equipment, should not engage in hydraulicking or compressor mining, must not use mercury, and must confine mining activities to their contract area, among other conditions.
Violations are punishable by imprisonment of not less than six (6) years, including confiscation and seizure of equipment, tools, and conveyances used in the offense.
They must comply with the approved Environmental Compliance Certificate (ECC), Potential Environmental Impact Management Plan (PEIMP), Community Development and Management Program (CDMP), and Annual Safety and Health Program (ASHP). They must also follow DAO No. 97-30 on Small-Scale Mine Safety Rules.
A petition is filed with the Board, which evaluates the area’s technical and economic viability. Notifications and postings are made, including to affected parties and the National Commission on Indigenous Peoples (NCIP) for ancestral domains. After public consultation, posting and publication, and clearance from the Secretary, the Board may declare the Minahang Bayan.
Members of the Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) within those ancestral domains have priority to apply as small-scale mining contractors.
They must pay national and local taxes, a 5% royalty on gross output within mineral reservations, government production share, and an occupation fee of PhP100 per hectare per year to the local municipality.
Assistance includes organization into cooperatives, technical and financial support, social services, processing and marketing help, and development of ancillary livelihood activities.
Cancellation may occur due to failure to comply with terms, violations of laws and rules, non-payment of fees or taxes for two consecutive years, abandonment, misrepresentation, unfair competition, public welfare or environmental protection needs, or reversion of the Minahang Bayan.
Mineral processing must be done through centralized custom mills located in designated mineral processing zones, no mercury use is allowed, and the processor must operate under a valid Mineral Processing License with compliance to environmental and technical standards.