Authority of the DENR
- Primary government agency managing mineral resource conservation, management, development, and use.
- Powers include acting on mining applications endorsed by PDA, providing mineral resource data to PDA, and offering technical assistance.
Authority of the Partido Development Administration (PDA)
- Responsible for accelerating economic development in its jurisdiction.
- Acts on mining application endorsements, coordinates mining activity monitoring with DENR, generates funds for operations and projects, and partners with qualified persons for mineral resource initiatives.
- Links with government and non-government institutions for additional support.
Evaluation Committee Organization and Authority
- Composed of an MGB Director or representative (Chair), a PDA nominee (Member), and a joint nominee (Member).
- Evaluates mining applications prior to PDA clearance and DENR approval.
Terms and Maximum Areas for Mining Contracts and Permits
- Exploration permits valid for 2 years, renewable up to 4 years for nonmetallic and 6 years for metallic minerals.
- Renewals require compliance with permit terms and absence of violations.
- Maximum areas for exploration permits vary by individual or entity and whether onshore or offshore, with specific hectare limits detailed.
- Terms and areas for other mining contracts follow DAO No. 2010-21.
Filing Mining Applications and Mandatory Requirements
- Applications filed at MGB Regional Office No. V with prescribed fees.
- Mandatory documents include location maps/sketch plans, two-year exploration program, proof of technical competence, proof of financial capability, incorporation documents (if applicable), and declarations on area coverage.
- Certificate of Environmental Management and Community Relations Record or exemption to be submitted post-acceptance.
- NCIP certification for ancestral domain overlap or equivalent documentation required.
- Additional requirements apply for offshore exploration, including vessel details, safety certifications, and agreements for authority access.
Clearance and Consent by PDA through Memorandum of Agreement
- MGB RO No. V forwards applications to PDA for clearance within 5 working days.
- Applicants negotiate and execute MOA with PDA granting consent for resource exploration and utilization.
- Applicant bears all costs.
- PDA facilitates local government consultation endorsements per the Local Government Code.
Area Status and Clearance Procedures
- MGB RO No. V checks area availability within 15 working days.
- Copies of maps are sent to relevant government departments for area clearance.
- Applicants must secure required clearances from concerned agencies.
- Departments respond within 30 working days; unreasonable denials can be appealed.
- Payment of clearance fees follows area approval; non-open areas are excluded.
- Overlapping claims and conflicts are resolved by Regional Director efforts.
Publication, Posting, and Radio Announcement Requirements
- Within 5 working days of clearance, MGB issues Notice of Application for publication and broadcasting.
- Publication in two newspapers: one national, one local.
- Notice must disclose applicant information, area details, and exploration plans.
- Notices posted on relevant bulletin boards and announced daily on local radio for one week.
- Applicant pays for all related publicity expenses.
- Certifications of compliance with posting and announcements must be secured.
- Adverse claims or protests must be filed within 10 days and are resolved by the Panel of Arbitrators.
- No approval without full compliance and resolution of oppositions.
Terms and Conditions of Exploration Permit
- Governed by provisions of DAO No. 2010-21.
Application Evaluation Process
- Initial evaluation by MGB RO No. V within 15 working days after Panel certification.
- Subsequent endorsement to MGB Central Office for further evaluation and clearance within 15 working days.
Registration of Exploration Permit
- Permit issued after MGB Director clearance.
- Permittee must register the permit within 15 working days upon notice and pay required fees.
- Failure to register within the period may result in cancellation.
Evaluation of Other Mining Applications
- Other applications (mining contracts, conversions, assignments, project feasibility declarations) evaluated per DAO No. 2010-21.
Transitory Provision
- Provisions apply to all previously filed mining applications in the subject municipalities.
Separability Clause
- Invalidity of any provision does not affect the validity of remaining provisions.
Effectivity
- The Memorandum Order takes effect 15 days after publication and registration with the Office of the National Administrative Register.