Title
Guidelines on Quarry and Sand Permits in LAHAR areas
Law
Denr Memorandum Order No. 99-03
Decision Date
Feb 19, 1999
DENR Memorandum Order No. 99-03 establishes procedural guidelines for the processing and issuance of Special Quarry and Sand and Gravel Permits to extract sand and lahar materials in designated mineral reservations and lahar-affected areas, ensuring compliance with environmental regulations while facilitating government infrastructure projects and supporting local economies.

Law Summary

Maximum Area Allowed per Application

  • Special Quarry Permit: 1 meridional block (5" longitude x 10" latitude), about 4.5 hectares.
  • Industrial Sand and Gravel Permit: 4 meridional blocks (18 hectares), minimum 2 blocks (9 hectares).
  • Commercial Sand and Gravel Permit: up to 5 hectares or equivalent meridional blocks; may use technical descriptions for irregular titled land but must not exceed area limits.

Application Filing and Fees

  • Special Quarry and Industrial Sand and Gravel Permits filed at Regional Office (MGB RO III) in 5 copies.
  • Fees: P10 filing, P500 processing, P20 under P.D. 1856 (amended).
  • Secretary may increase fees for national interest/public welfare.
  • Commercial Sand and Gravel Permits filed with Provincial/City Mining Regulatory Board (P/CMRB) with fees prescribed by the Board.

Mandatory Application Requirements

  • Survey plan by licensed Geodetic Engineer.
  • Area clearance or landowner consent.
  • Certification from NRDC confirming area within quarry zone and free of conflicts.
  • Quarry Operational Plan signed by licensed Mining Engineer or Geologist and approved by NRDC.
  • Environmental Compliance Certificate (ECC) or commitment to secure before permit approval.
  • Proof of technical competence of personnel conducting activity.
  • Corporate documents certified by SEC or relevant agency for entities.
  • Additional requirements for Industrial/Commercial permits include:
    • Location map showing geographic coordinates.
    • Work Program signed by licensed Mining Engineer/Geologist.
    • Other supporting documents requested by authorities.
  • No acceptance without complete compliance.

Processing and Area Clearance Procedure

  • Regional Office or P/CMRB must transmit location map within 15 working days to relevant agencies.
  • Applicant must secure area clearance/consent from concerned agencies within 30 working days.
  • Area clearance cannot be unreasonably denied without legal/technical basis.
  • In multi-jurisdictional applications, coordination between Regional Offices is required.
  • Appeals of denied clearances may go to the Office of the Secretary.
  • Regional Office confirms area availability using control maps within 15 working days.
  • Partial exclusions made if areas are not open for mining.
  • Conflict resolution efforts must be exerted by officials.
  • Applications inside mineral reservations exempted from area clearance requirement.

Posting of Permit Application

  • Regional Office issues Notice of Application within 15 working days of receipt.
  • Applicant must post Notice within 15 working days; posting is for 2 consecutive weeks on bulletin boards of Regional Office, PENRO/CENRO, and local government units.
  • Notice must contain applicant details, permit duration, area, geographic coordinates, and location map.
  • Certification of posting compliance required within 30 calendar days after posting.
  • Adverse claims/protests/oppositions must be filed within 30 calendar days from posting.
  • Panel of Arbitrators resolves claims within 5 working days of final resolution.
  • No permit approval without compliance and resolution of claims.

Field Verification

  • Regional Office technical personnel conduct field verification upon payment of P1,000/man/day (minimum P3,000) to confirm quarry material volume and survey accuracy.

Permit Approval, Registration, and Issuance

  • Regional Office forwards Special Quarry Permit for final evaluation and approval at MGB Central Office within 30 calendar days of evaluation.
  • Permit holders must register within 15 working days after notice.
  • Registration requires payment of P100 filing fee and P10 under P.D. 1856 (amended).
  • Regional Office releases permit after registration.
  • Sand and Gravel Permit approval and registration governed by Section 77 of DAO 96-40.
  • Failure to register permit on time may result in cancellation.

Temporary Special Quarry/Sand and Gravel Permits

  • Regional Office may issue temporary permits for immediate operation when regular permits are pending due to lack of ECC or non-posting of Notice but all other requirements are met.
  • Applicant must post surety bond for potential damages.
  • Temporary permits valid for up to 3 months and renewable until regular permit issuance.

Separability Clause

  • Declaration of any part as unconstitutional/invalid shall not affect the remainder of the Order.

Effectivity

  • The Memorandum Order takes effect immediately upon issuance.

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