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.