Professional Documents
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RA 7942 (Quarry)
RA 7942 (Quarry)
General Provisions
1. Quarry sand and gravel, guano, and gemstone resources in private and/or public lands may be
extracted, removed, disposed and/or utilized
2. In large-scale quarry operations involving cement raw materials, marble, granite and sand and gravel
and construction aggregates
a. any Qualified Person may apply for a Mineral Agreement
b. Subject to the provisions on Mineral Agreement (Chapter VI)
c. Large-scale quarry operation, including a sand and gravel operation, during the
development/construction/ operating period under a mineral agreement, shall involve a
mechanized operation
Final mining area - the contract area or portion/s properly delineated and surveyed by the mining
applicant/contractor for development and actual quarrying/mining operation, including sites for
support/ancillary facilities
Qualified Persons Sand and Gravel Marble, Granite and/or Cement Raw Materials
(including lahar) construction aggregates (limestone, shale, and silica)
Individuals 40 ha 200 ha 1,000 ha
Corporations, partnerships, 100 ha 500 ha 2,000 ha
associations, or cooperatives
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4. That for sand and gravel/lahar deposits, the Mineral Agreement shall exclude the Exploration Period
and immediately proceed to the Development and/or Operation Periods, subject to compliance with
the applicable requirements
a. Mineral Agreement applicants concerned shall, within 6 months, amend their applications to
conform with this Section.
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10.Environmental Protection and Enhancement Program ✓ ✓ -
Filing of Application
1. By the applicant personally or
2. Through its duly authorized representative
Area Status and Clearance for a Quarry or Sand and Gravel Permit Application
1. Within 15 working days from receipt of the permit application
a. MGB shall check in the control maps if the area is free/open for mining applications
b. MGB/P/C Mining Regulatory Board concerned shall transmit a copy of the location
map/sketch plan of the applied area to the Regional Office concerned/pertinent Department
sector(s) affected by the permit application for area status, copy furnished:
i. LGU concerned
ii. Other relevant offices or agencies of the government for their information
2. Upon notification of the applicant by MGB/P/C Mining Regulatory Board as to the transmittal of
documents to the MGB/Department sectors/Government agencies concerned, the applicant shall
secure the necessary area status/consent/clearance from said MGB/Department sectors/Government
agencies
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3. Within 30 working days from receipt of notice, the MGB/Department sector/s Government agencies
concerned must submit the area status/consent/clearance on the proposed permit area
a. That the Department sector(s) concerned cannot unreasonably deny area clearance/consent
without legal and/or technical basis
b. If the area applied for falls within the administration of two (2) or more Regional Offices/ P/C
Mining Regulatory Boards, the Regional Office(s)/P/C Mining Regulatory Boards concerned
which has/have jurisdiction over the lesser area(s) of the application shall follow the same
procedure.
*P/C Mining Regulatory Board is the approval authority for guano and gemstone gathering permit
Posting of Notice
The MGB/P/C Mining Regulatory Board shall cause the posting of the notice for 2 consecutive weeks, in a
language generally understood in the concerned locality where it is posted
1. MGB Bulletin board
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2. P/CENRO Bulletin board
3. Provincial/Municipal/City LGU
4. Copy furnished the barangay(s) where the proposed permit area is located
Certification of Compliance
1. Issued by authorized officer/s within 30 calendar days from the last date of posting
2. Stating that the posting have been complied with
Rights and Obligations of the Quarry or Commercial/Industrial Sand and Gravel Permit Holder
1. Quarry or Sand and Gravel Permit Holder
2. Its heirs
3. Successors-in-interest
Rights:
1. Exclusively extract, remove, dispose and/or utilize quarry or sand and gravel resources within the
permit area with full rights of ingress and egress
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2. Right to occupy the contract area
3. All other rights provided for in the Mining Laws and IRR
Obligations:
1. Fully comply with the terms and conditions of the permit
General Terms and Conditions of a Quarry/Commercial or Industrial Sand and Gravel/ Government
Gratuitous/Guano/ Gemstone Gathering Permit
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3. The refusal of the Permit Holder during inspection without justifiable reason shall be sufficient ground
for the cancellation of the Permit
Renewal of Quarry/Commercial or Industrial Sand and Gravel/Guano/Gemstone Gathering Permit
1. Within 60 calendar days prior to expiration
2. Submit Application for Renewal
3. Submit to MGB
4. Field verification by MGB/P/C Mining Regulatory at the expense of the Permit Holder
5. Granting of renewal
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4. Cause: continued mining operations no longer feasible or viable
5. Within 30 calendar days, MGB/P/C Mining Regulatory Board shall consider the notice and issue
decision
6. The Permit Holder has met all its financial, fiscal, environmental, and legal obligations at the time of
withdrawal.
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QUARRY/SAND AND GRAVEL PERMITS
Quarry Permit
1. Applica : Any qualified person
nt
2. Approva : Governor/Mayor through the P/C Mining Regulatory Board
l Authority
3. Purpose : Extraction, removal, and disposition of quarry resources
4. Area : Not more than 5 ha.
5. Producti : Not more than 50,000 tons/annum
on rate
6. Project : Not more than 10M
cost
7. Term : 5 years from issuance, renewable for 5 years, not to exceed 25 yrs.
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t cost
e. Term : 5 years from issuance, renewable for 5 years, not to exceed 25 yrs.
f. Limitat only 1 permit shall be granted to qualified person in a municipality at any
ion/s one time
g. Appro Governor/Mayor through the P/C MGB Regional Director
val Authority Mining Regulatory Board
h. Area Not more than 5 ha. at any one More than 5 ha., not to exceed 20
time ha. at any one time
3. Exclusive Sand and Gravel Permit
a. Applic : Any qualified person
ant
b. Appro : Governor/Mayor through the P/C Mining Regulatory Board
val Authority
c. Purpo : Extraction, removal, and utilization of sand and gravel and other loose
se or unconsolidated materials from public land for its own use
d. Area : Not more than 1 ha.
e. Maxim : 50 cu m
um volume
f. Term : Nonrenewable period, not exceeding 60 calendar days
g. Limitat : No commercial disposition
ion/s
Gratuitous Permits
1. Government Gratuitous Permit
a. Applic : Any government entity/instrumentality
ant
b. Appro : Governor/Mayor through the P/C Mining Regulatory Board
val Authority
c. Purpo : Need of quarry, sand, and gravel or loose/unconsolidated materials in
se the construction of building(s) and/or infrastructure for public use or
other purposes
d. Area : Not more than 2 ha.
e. Term : Coterminous with the construction stage of the project but not to
exceed 1 year in public/private land/s
f. Requir : Submit project proposal indicating:
ement 1. Where the materials shall be used
2. Estimated volume needed
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1. Indemni : Applicant, except gratuitous and exclusive sand and gravel permit
tor
2. Purpose : Answer for/guarantee payment for whatever actual damages that may be
incurred during operations
3. Amount : Php 20,000
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concerned may deem for the national interest and public welfare
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GUANO PERMITS
1. Applica : Any qualified person, domicile within the municipality where permit area is
nt located
2. Approva : Governor/Mayor through the P/C Mining Regulatory Board
l Authority
3. Purpose : Extraction, removal, disposition, and/or utilization of loose unconsolidated
guano and other organic fertilizer deposits in specific caves and/or confined
sites
4. Area : Not more than 5 ha.
5. Quantity : As specified in the permit
6. Term : 1 year or upon extraction of the quantity specified
7. Limitatio : Only 1 guano permit for the same cave or area
n/s : Only 1 permit shall be granted to qualified person in a municipality at any
one time
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ii. Corresponding expenditures
d. The Permit/permit area can be inspected and always examined by the MGB RD/Governor/
Mayor
e. The Permit Holder shall not, by virtue of the Permit, acquire any title over the permit area,
without prejudice to its acquisition of the land/surface rights through any mode of acquisition
provided by law
f. The Permit Holder shall pay fees, taxes, and other obligations in accordance with existing
laws, rules, and regulations
g. The Permit Holder shall comply with its obligations under its ECC, EPEP and AEPEP,
including the allocation of the prescribed annual environmental expense pursuant to Sec. 171
h. The term of the Permit shall be for a period of 1 year from the date of issuance or upon the
extraction of the quantity as specified in the permit
i. The Permit Holder shall comply with provisions of the law, IRR, other terms, and conditions
consistent with the Constitution, and those which the Governor/Mayor concerned may deem
for the national interest and public welfare
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GEMSTONE GATHERING PERMITS
a. The Permit shall be for the exclusive use and benefit of the Permit Holder and shall not be
transferred or assigned without prior written approval by the Governor/Mayor
b. Gemstone gathering shall be allowed in rivers and other locations except in areas which are
expressly prohibited by law.
c. The removal/gathering of gemstones shall be conducted manually without the aid of any tools or
mechanized equipment
d. No explosives shall be used in extracting and/or removal of gemstone.
e. Unless otherwise renewed or amended, the Permit shall ipso facto terminate after the whole
quantity of gemstones specified in the permit have been removed or taken
f. The Permit Holder shall submit to the P/C Mining Regulatory Board:
i. Quarterly - Sworn statement
i. Quantity of materials extracted, removed and/or disposed
ii. Amounts of fees paid
iii. Quantity/volume of gemstones sold or disposed during the reporting period
iv. Quantity/volume of materials left in stock
ii. Final report
i. Detailed list of activities
ii. Corresponding expenditures
g. The Permit/permit area can be inspected and always examined by the MGB RD/Governor/ Mayor
h. The Permit Holder shall not, by virtue of the Permit, acquire any title over the permit area, without
prejudice to its acquisition of the land/surface rights through any mode of acquisition provided by
law
i. The Permit Holder shall pay fees, taxes, and other obligations in accordance with existing laws,
rules, and regulations
j. The term of the Permit shall be for a specified period indicated from issuance.
k. No renewal shall be allowed unless:
i. Permit Holder has complied with the terms and conditions of the original permit
ii. Permit Holder as not been found guilty of the provision of the Mining Laws and IRR
l. The Permit Holder shall comply with provisions of the law, IRR, other terms, and conditions
consistent with the Constitution, and those which the Governor/Mayor concerned may deem for the
national interest and public welfare
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