Simplified Mining Permit Procedures

Within fifteen (15) working days from receipt of a mining application, the Mines and Geosciences Bureau (MGB) Regional Office (RO) concerned must determine whether the applied area is open to mining applications.
The MGB RO must forward a cleared mining application to the One-Stop Shop Committee for Area Status and Clearance for subsequent evaluation that may lead to approval.
For a mining application filed entirely in closed areas under Section 15 of DENR Administrative Order (DAO) No. 96-40 (as the revised implementing rules and regulations of Republic Act No. 7942, the Philippine Mining Act of 1995, as amended), the application must be formally denied within the same fifteen (15) working days.
For a mining application filed partly in closed areas, the applicant must be formally advised within the same fifteen (15) working day period to excise the closed areas and resubmit the rectified documents within the prescribed period.

The DENR requires all MGB ROs, in coordination with DENR ROs, to establish a “One-Stop Shop Committee” (OSSC) to facilitate issuance of Area Status and Clearance for mining applications and reduce processing time.
The OSSC must represent DENR sectors in the region.
Every DENR Regional Executive Director (RED) and MGB Regional Director (RD) must support the OSSC by:
- Assigning qualified personnel on a part-time basis, and
- Periodically providing updated land classification/land use maps.
The Forest Management Bureau and the Protected Areas and Wildlife Bureau must assist by providing relevant information.
Within fifteen (15) days from the effectivity of the memorandum order, the concerned RED and RD must submit to the DENR Secretary a special order to constitute and operationalize the OSSC.
The RD of the MGB serves as the Chairman of the OSSC.

The OSSC must immediately hold office and compile land classification/use/status information, including the pertinent maps, for areas within its jurisdiction.
The OSSC must immediately initiate preparation of a master map of the region showing various land classifications/uses/status through overlays.
The RED must oversee OSSC operations and assist by providing necessary resources.
The OSSC Chairman, upon recommendation of OSSC members, is authorized to issue Area Status and Clearance for mining applications, following DENR Memorandum Order No. 93-03 on guidelines for issuing Area Status and Clearance or Consent for Mining Applications.

A contractor’s Three (3)-Year Development/Utilization Work Program for the three (3)-year cycle of mining operations submitted under an MA or FTAA in the Development or Operating Period must be filed with and initially evaluated by the MGB RO concerned.
The MGB RO must complete initial evaluation within fifteen (15) days upon receipt of the Work Program.
After initial evaluation, the Work Program and comments must be forwarded to MGB Central Office for final evaluation and action for approval or disapproval.
The MGB Central Office must render final action within thirty (30) days upon receipt of the Work Program.

Memorandum of Agreement/Option Agreement/Operating Agreement and similar agreements that do not involve transfer/assignment of mining rights, entered into under an approved EP, MA, FTAA, or any other mining permit under Republic Act No. 7942, must be registered with the MGB Central Office/RO concerned.
Such agreements are subject to approval of the MGB Director, based on evaluation and recommendation by the RO concerned.
The MGB RO must complete its registration and initial evaluation within fifteen (15) days upon receipt of the agreement(s), while the MGB Central Office must complete final evaluation/action within thirty (30) days upon receipt.
Memorandum of Agreement/Option Agreement/Operating Agreement and similar agreements entered into involving an application for EP, MA, FTAA, or any other mining permit application must be registered with the MGB Central Office/RO concerned.
Such agreements must form part of the supporting documents of the mining application and are subject to evaluation by the MGB Central Office/RO concerned.
The agreement is deemed approved upon approval of the pertinent mining application.

Mining applicants/contractors/permittees/permit holders must consult with all concerned Sangguniang Panlalawigan/Bayan/Panlungsod/Barangay in support of mining applications and/or in implementing mining projects.
For mining applications intended for exploration through an EP, MA, or FTAA, proof of consultation and/or project presentation must be in one of the following forms:
- Copies of pertinent Exploration and Environmental Work Programs duly received by the Secretary of all concerned Sanggunian(s) or by the Office of all the Vice-Governor/Vice Mayor concerned; or
- A certification of project presentation by all concerned Provincial Governor, Vice-Governor, Municipal/City Mayor or Vice-Mayor, or by the Secretary of all concerned Sanggunian(s).
Prior approval or endorsement in the form of a Resolution or Certification by at least the majority of the concerned Sanggunian(s) is required for:
- Mining applications for immediate development and/or utilization activities, and
- Applications for approval of Declaration of Mining Project Feasibility under the Development and Construction/Operating Periods of MAs and FTAAs.
For Sand and Gravel Permit applications, proof of approval or endorsement by the Sanggunian concerned is deemed complied with if the applicant has already secured the Environmental Compliance Certificate (ECC) for the project concerned.

The Certification Precondition by the National Commission on Indigenous Peoples (NCIP) is deemed complied with for mining applications filed in private lands, in accordance with Section 56 of Republic Act No. 8371.
For the deemed-compliance of the NCIP certification precondition, the mining applicant must submit pertinent proof(s) of ownership of the property/ies, such as a certified true copy of the Original/Transfer Certificate of Title, among others.

The Regional Directors (RDs) of the MGB are authorized to issue an Industrial Sand and Gravel Permit (ISGP) using delegated authority without prior clearance from the MGB Director.
This delegated issuance is subject to the applicable provisions of DAO No. 96-40, as amended, and all other applicable mining and environmental laws, rules, and regulations.
Each RD must submit to the MGB Director a copy of every ISGP issued, including all mandatory and other requirements, within seven (7) days after the date of issuance.

DMO Nos. 99-34 and 2003-08, and other memorandum orders, circulars, and special orders inconsistent with or contrary to the memorandum order are superseded or modified accordingly.
The memorandum order takes effect fifteen (15) days after its complete publication in a newspaper of general circulation.
The memorandum order takes effect fifteen (15) days after its registration with the Office of the National Administrative Register.