Definitions and Relevant Terms
- Key materials are sand, gravel, ordinary earth, and related materials such as boulders, cobbles, and pebbles.
- "Communal Extraction Area" refers to areas declared suitable for communal extraction.
- Permit holders are Filipino citizens allowed to extract materials under specific terms.
- The Secretary refers to the DENR Secretary.
- Unified Environmental Compliance Certificate (ECC) certifies environmental compliance for extraction activities.
Declaration of Communal Extraction Areas
- Authority to declare such areas lies with the Provincial/City Mining Regulatory Board, with the Provincial Governor or City Mayor's endorsement and DENR Secretary's approval.
- Areas may include public land, private land (with consent), ancestral domains (with prior informed consent), and certain mining permit areas.
- Maximum communal extraction area per municipality/city shall not exceed five (5) hectares unless approved otherwise.
Procedure for Declaration
- LGU or interested parties file a petition with the Board including a sketch/map.
- Evaluation team assesses technical viability.
- Notices are issued to stakeholders for clearance/consent.
- Notices are posted publicly for two weeks.
- Board certifies absence of adverse claims before declaration.
- Final approval requires endorsement by local chief executive and DENR Secretary.
- Licensed Geodetic Engineer approval and survey plan endorsement by the Board are required.
Opposition and Appeals
- Adverse claims or protests must be filed within 15 days after notice posting.
- Board has 30 days to resolve.
- Decisions by the Board may be appealed to the DENR Secretary within 15 days; Secretary’s decision is final.
- Docketing fees required for filing protests or appeals.
Environmental Compliance Certificate Requirements
- Extraction activities must comply with ECC requirements.
- LGUs may apply for a unified ECC prior to declaration of the communal extraction area.
Qualification for Permit Holders
- Permits issued only to Filipino citizens who are bona fide residents of the province/city.
- Permitted volume is up to fifty (50) cubic meters for personal construction needs.
- Applications must include a completed form, barangay certificate proving residency and construction clearance, and proof of payment.
Terms and Conditions of Communal Extraction Permit
- Extraction limited to designated area.
- Permit is exclusive, non-transferable, non-commercial.
- Permit valid for 60 days or until specified volume is exhausted.
- Restrictions on extraction near reservoirs, structures, and coastal areas.
- Payment of extraction fees required before transport of materials.
- Materials transported must be accompanied by permit documents and receipts.
- Permit holders must maintain extraction records and submit a sworn report upon permit expiry.
- Permits may be suspended or revoked for violations or ecological concerns.
- Immediate cessation of activities required upon discovery of artifacts, with notification to National Museum.
- Permit holders are liable for damages or violations of the ECC.
Monitoring and Compliance
- ENRO responsible for order implementation and monitoring of permit compliance.
- MGB and EMB may assist upon request.
- Regular reports on extraction volume and value must be submitted with documentary evidence.
Reversion of Communal Extraction Area
- The DENR Secretary may withdraw declaration if the area is no longer viable or if safety, health, or environmental conditions demand.
Penal Provisions
- Violations subject to penalties under this Order and other applicable laws.
Repealing Clause
- This Order amends or revokes inconsistent prior orders and regulations.
Effectivity
- The order takes effect 15 days after publication in a newspaper and registration with the National Administrative Register.