Question & AnswerQ&A (DENR ADMINISTRATIVE ORDER NO. 96-40, S. 1996)
All mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines are owned by the State.
The principle of sustainable mining, which ensures that mining activities are pro-environment and pro-people, and that mining is a temporary land use that leads to optimum post-mining land use.
The Department of Environment and Natural Resources (DENR) is the primary government agency responsible.
Mineral Production Sharing Agreement (MPSA), Co-Production Agreement (CA), and Joint Venture Agreement (JVA).
For corporations, partnerships, associations, or cooperatives, the maximum area is 200 blocks or approximately 16,200 hectares.
Location map/sketch plan, two-year Exploration Work Program, Environmental Management Record and Community Relations Record when applicable, Environmental Work Program, proof of technical competence, proof of financial capability, corporate documents if applicable, declaration of total area covered by approved/pending permits, and other supporting papers as required.
A Mineral Agreement shall have a term not exceeding twenty-five (25) years from the date of execution and is renewable for another term not exceeding twenty-five (25) years.
The Panel of Arbitrators in the Legal Staff of the Regional Office has exclusive and original jurisdiction.
Fines ranging from 1,000 to 5,000 pesos plus daily fines, and repeated violations or non-payment may lead to cancellation or non-renewal of permits or agreements.
The MRF is a trust fund established by each operating contractor/permit holder to assure funds for environmental rehabilitation and compliance with the approved Environmental Protection and Enhancement Program (EPEP).
Minerals or mineral products mined, extracted, removed, or disposed of without authority or permit under existing mining laws, rules, and regulations.
To administer, recommend approval, monitor compliance, cancel or recommend cancellation of mining rights, deputize authorities for policing mining activities, and assist in environmental impact assessments.
They must pay occupation fees, royalties, excise taxes on mineral products, mine waste and tailings fees, fees for permits, and other government shares as applicable.
Capital investment, risks involved, contribution to the economy, technical complexity, contribution to community and local government, and other factors for fair sharing between parties.
An application must be filed with the Bureau/Regional Office with necessary documents; approval by the Secretary or President is required; automatic approval occurs if not acted upon within 30 days unless illegal; transferee must assume obligations.