Areas Closed to Mining Applications
- Applications for mining contracts are prohibited in:
- Areas enumerated under Section 19 of RA 7942.
- Protected areas established under NIPAS.
- Prime agricultural lands and strategic agriculture/fisheries zones.
- Tourism development areas identified in the National Tourism Development Plan.
- Other critical and environmentally sensitive areas that DENR identifies.
- Existing valid mining contracts must strictly comply with laws and will be reviewed periodically.
Enforcement of Environmental Standards
- The DENR, in coordination with LGUs, shall fully enforce environmental standards prescribed in mining laws.
- Violators shall face appropriate sanctions.
- Eligibility for mining rights requires strict compliance with environmental and legal requirements.
Review of Existing Mining Operations and Cleansing of Non-Moving Rights Holders
- A multi-stakeholder team led by DENR will review all existing mining operations.
- Review based on contract terms, applicable laws including the Mining Act and Labor Code.
- Immediate action to be taken against violators.
Moratorium on New Mineral Agreements Pending Legislation
- No new mineral agreements until legislation on revenue sharing is enacted.
- DENR may continue granting Exploration Permits with rights to first option for development post-legislation.
- Existing contracts to be reviewed for possible renegotiation subject to mutual acceptance.
Establishment of Mineral Reservations
- Areas with strategic mineral reserves shall be declared Mineral Reservations.
- This serves development of strategic industries per national plans.
- Stakeholder consultation required.
- Existing contracts remain valid and unaffected.
Competitive Public Bidding for Mining Rights
- Grant of mining rights over areas with verified mineral resources, including government-owned and expired tenements, shall be via competitive public bidding.
- MGB to prepare bidding packages and guidelines incorporating social acceptability.
- Other mining rights follow existing procedures.
State Ownership and Development of Abandoned Ores and Mining Wastes
- All valuable metals in abandoned ores, mine wastes, and tailings belong to the State and shall be developed through competitive bidding.
- For operating mines, ownership of tailings transfers to the State upon contract expiration.
- Liability for prior environmental harm remains with mining contractors.
Promotion of Value-Adding and Downstream Mineral Industries
- DENR, DTI, DOST, NEDA, and stakeholders to develop a national program and roadmap for value-adding and downstream industries within 6 months.
- Aligns with Philippine Development and National Industrialization plans.
Mining Industry Coordinating Council (MICC)
- Climate Change Adaptation and Economic Development Cabinet Clusters constitute the MICC.
- Co-chaired by cluster chairs, comprising DOJ Secretary, NCIP Chairperson, ULAP President.
MICC Powers and Functions
- Submit a work plan for mining reforms.
- Ensure stakeholder dialogue and coordination.
- Conduct capacity building for government agencies.
- Review mining laws and contracts to improve revenue allocation and regulation.
- Create a Task Force Against Illegal Mining.
- Serve as oversight committee for Provincial/City Mining Regulatory Boards.
- Request assistance from government agencies.
- Submit periodic implementation reports.
- Perform additional necessary functions.
Small-Scale Mining Regulations
- Must comply with RA 7076 and Environmental Impact Statement system.
- Only within declared Minahang Bayan.
- P/CMRBs must be operational within 3 months.
- Applies only to gold, silver, and chromite.
- Mercury use is strictly prohibited.
- Government to provide training for small-scale mining cooperatives.
LGU Role and Compliance with National Laws
- DILG and LGUs to ensure local powers conform with national mining laws.
- LGUs may impose reasonable limitations consistent with national regulations.
- Timely release of LGU shares from national revenues to be ensured.
- Study possibilities for increased LGU shares and direct access to mining revenues.
- Strict implementation of small-scale mining laws with DENR and MGB.
Creation of a One-Stop Shop for Mining Applications
- DENR to establish an inter-agency one-stop shop within 6 months.
- FPIC of Indigenous Peoples and social acceptability are prerequisites for approving mining agreements.
- Cooperation mandated among government agencies.
Transparency Measures: Participation in Extractive Industries Transparency Initiative (EITI)
- Government to support and participate in EITI.
- DENR to operationalize EITI mechanisms in consultation with stakeholders.
Centralized Mining Industry Database
- DENR to create a publicly accessible and comprehensive centralized database within 6 months.
- Database to contain all government data, resource accounting, and environmental valuation studies.
Integrated Mining-Related Map System
- Existing mapping efforts to include mining tenements, geo-hazard maps, ancestral domains, and protected areas.
- Maps to guide planning and decision-making.
- Closed areas clearly defined.
Programmatic Environmental Impact Assessment (PEIA)
- DENR and EMB to study adoption of PEIA under Environmental Impact Statement System for mining projects.
- Amendatory rules to be issued.
- Extension to other industries to be studied.
Budgetary Provisions
- Government agencies may allocate funds from their existing budget to implement the Order.
- Subject to normal accounting and auditing rules.
Issuance of Implementing Rules and Regulations
- DENR and MICC to issue IRRs within 60 days from effectivity.
Separability and Repealing Clauses
- Invalid provisions do not affect the validity of other provisions.
- Inconsistent rules and regulations are repealed or modified accordingly.
Effectivity
- The Order takes effect immediately upon publication in a newspaper of general circulation.