Question & AnswerQ&A (DENR ADMINISTRATIVE ORDER NO. 34 S. 1992)
The official title is "The Rules and Regulations Governing Areas Declared as People's Small-Scale Mining Areas".
The policy is to promote, develop, protect and rationalize viable small-scale mining activities to generate employment and provide equitable sharing of natural resources while respecting existing rights.
Filipino citizens of legal age and with capacity to contract are qualified to apply for a license as Small-Scale Miner or Processor.
People's Small-Scale Mining Areas are onshore areas declared by the Provincial/City Mining Regulatory Board suitable for small-scale mining operations subject to DENR Secretary's review.
Procedures include filing a petition with the Board, evaluation of viability, notice to concerned parties, publication, segregation, review by the Secretary and declaration by the Board.
The contractor has the right to mine, extract and dispose of mineral ores for commercial purposes over the covered area provided the contract is not subcontracted, assigned, or transferred.
Grounds include non-compliance with contract terms or laws, failure to meet obligations to other mining rights or landowners, non-payment of fees or taxes, abandonment, or ejection by the government for national interest/security.
Violations are penalized with imprisonment of not less than six years and may include confiscation and seizure of mining equipment by the Board.
The Board is composed of the DENR regional representative as chairman; the Governor or City Mayor or their representative; one small-scale mining representative; one large-scale mining representative; one representative from a non-government environmental organization; and staff support from the DENR.