Sections of Land Closed to Mining Applications
- Mining applications prohibited in:
- Areas under Section 19 of RA No. 7942.
- Protected areas under NIPAS (RA No. 7586).
- Prime agricultural lands and lands under the Comprehensive Agrarian Reform Law (RA No. 6657).
- Tourism development areas under the National Tourism Development Plan.
- Other critical ecological and impact areas identified by DENR.
- Pre-existing contracts before the order remain valid subject to compliance and monitoring.
Environmental Standards Enforcement
- DENR, in coordination with LGUs, must strictly enforce environmental standards for mining.
- Only applicants strictly complying with all requirements may be granted mining rights.
- Sanctions and penalties will be imposed on violators pursuant to mining and environmental laws.
Performance Review and Non-moving Mining Rights
- Multi-stakeholder review team led by DENR to assess existing mining operations’ compliance with contracts and laws.
- Immediate action to be taken against violators.
Suspension of New Mineral Agreements Pending Legislation
- No new mineral agreements to be entered until new revenue sharing legislation is enacted.
- Exploration permits may continue to be granted under existing rules.
- Review and possible renegotiation of existing contracts for government benefit enhancement.
Establishment of Mineral Reservations
- Identified strategic mineral reserves to be declared Mineral Reservations for national industrialization plans.
- Requires proper consultation with stakeholders including communities, LGUs, and NGOs.
- Previous contracts unaffected but subject to current laws.
Competitive Public Bidding for Mining Rights
- All mining rights over verified mineral-rich areas to be awarded through public bidding.
- MGB responsible for preparing bidding guidelines ensuring social acceptability.
- Other mining applications processed by existing procedures.
Ownership and Development of Abandoned Ore and Mine Wastes
- Valuable metals in abandoned ore and tailings belong to the State.
- Mining contracts’ expiration triggers State ownership of metals in wastes.
- Responsibility for wastes transfers to State without relieving contractor liability for past damages.
Development of Value-Adding and Downstream Industries
- DENR to coordinate with relevant agencies to develop a national program for value-adding activities in mining.
- Program to be aligned with Philippine Development Plan and National Industrialization Plan.
Mining Industry Coordinating Council (MICC)
- Climate Change Adaptation and Economic Development Cabinet Clusters appointed as MICC.
- Co-chaired by cluster chairpersons with members including DOJ, NCIP, ULAP representatives.
Powers and Duties of MICC
- Develop and implement work plans related to mining reforms.
- Facilitate stakeholder dialogues and agency capacity building.
- Review mining laws and propose improvements for revenue sharing, coordination, and regulation.
- Create Task Force Against Illegal Mining as directed.
- Oversee operations of Provincial/City Mining Regulatory Boards.
- Request assistance from government entities and submit periodic reports to the President.
Measures for Small-Scale Mining
- Compliance with RA 7076 and Environmental Impact Statement required.
- Small-scale mining limited to declared People’s Small-Scale Mining Areas.
- Operationalization of Provincial/City Mining Regulatory Boards within three months.
- Restricted to gold, silver, and chromite for metallic minerals.
- Mercury use is strictly prohibited.
- Provision of technical assistance and capacity building for small-scale miners.
Local Government Units (LGUs) and Ordinance Consistency
- LGUs must ensure local regulations conform to national mining laws.
- LGUs may impose reasonable limitations consistent with national policy.
- Timely release of LGU shares in mining revenues mandated.
- Joint enforcement of small-scale mining laws by DENR, MGB, and LGUs.
One-stop Shop for Mining Applications
- DENR to establish an interagency one-stop shop for mining applications within six months.
- Mining contracts require Indigenous Peoples’ FPIC and community social acceptability.
- Cooperation mandated among DENR, NCIP, DOF, LGUs, and others.
Transparency through Extractive Industries Transparency Initiative (EITI)
- Government committed to participation in EITI.
- DENR tasked with establishing mechanisms for EITI implementation in mining.
Centralized Mining Industry Database
- DENR to create a publicly accessible comprehensive mining database within six months.
- To include data from government agencies and environmental and resource accounting studies.
Integrated Map System for Planning
- Integrated map system to incorporate mining tenements, hazard areas, ancestral domains, and protected areas.
- Maps to guide planning and decision-making, clearly delineating no-mining zones.
Programmatic Environmental Impact Assessment (PEIA)
- DENR and EMB to study adoption of PEIA under the Environmental Impact Statement System for mining.
- May extend PEIA to other industries.
Funding
- Government agencies authorized to allocate funds from existing budgets to implement the Order.
Issuance of Implementing Rules and Regulations (IRRs)
- DENR and MICC to issue IRRs within 60 days of the Order's effectivity.
Separability Clause
- Invalidity of any provision will not affect the rest of the Order.
Repealing Clause
- Previous inconsistent rules and regulations are repealed or modified accordingly.
Effectivity
- The order takes effect immediately upon publication in a newspaper of general circulation.