Dredging Questions

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1. What Law is the basis for the application for dredging permit/clearance?

2. Under the JMC 2019-01 the permittee/contractor to conduct dredging operations specified
in the scope may include what government agency and except what?
3. Under the JMC 2019-01 is it applicable to personal use and flood control projects?
4. Who shall supervise river dredging activities in river and river/delta as per MICC resolution
no. 4?
5. In dredging activities who shall be given MPP for the processing and disposition of dredged
materials?
6. Do you need clearance in the construction of structures along waterways?
7. In the restoration of river courses to former beds do you need clearance from the DPWH?
8. As per JMC 2019-01 what is the buffer zone?
9. What is dredging under JMC 2019-01?
10. Dredging Clearance vs Dredging Permit?
11. Who issues dredging clearance or dredging permit?
12. What is a delta?
13. What is a spoil site under JMC 2019-01?
14. Can LGUs apply for dredging clearance or dredging permit?
15. Can the DPWH commercialy utilized the dredged materials?
16. What dredging permit/clearance can the dpwh apply for and for only what purpose?
17. What is the first step if you want to apply a dredging clearance/permit?
18. Where to file application for dredging clearance?
19. Role of DENR in Dredging Permit and Clearance?
20. Does Flood Control Projects Dredging have commercial disposition?
21. River Restoration thru Dredging Activities is spearheaded by what Agency and in
coordination with what?
22. In the planning stage do you need to determine the minimum number of equipment be
deployed?
23. Must the dredging clearance proponent a qualified person?
24. Qualified person as per JMC 2019-01
25. Do the applicant need to submit list of equipment and financial and technical capability
proof?
26. Must the dredging area be bounded and confined by boundary markers?
27. Are there taxes on dredging?
28. Must the dredging operation NOT reach the buffer zone?
29. In dredging that is within 1 km must they need clearance from an appropriate agency before
starting?
30. Are dredging operations compliant to areas close to mining under DAO 2010-21?
31. Are dredging operations subject to the Water Code of the Philippines?
32. Under JMC 2019-01 if the dredging area is found to be rich in minerals what to do?
33. In JMC 2019-01 before dredging activity on site the equipments must be check first by?
34. Where to start dredging operations what part of the river?
35. Grounds for cancellation of Dredging Clearance / Permit?
36. Who shall issue a CDO for Dredging Clearance/ Permit?
37. What is the law for DENR River Restoration Projects?
38. In DENR River Restoration Projects where is RDZ?
39. Is quarry activities banned within RDZ?
40. Who may apply river restoration projects thru dredging?
41. For river restoration projects conducted by the private sectors will they receive funding from
the government?
42. For the financial capacity and technical capacity to all dredging operations including river
restorations who shall determine that capacity?
43. In River Restoration Projects role of MGB?
44. In river restoration projects if mineral presence is feasible what to do?
45. What to file in River restoration Projects and where?
46. As per River Restoration Projects How long is the term?
47. Role of DENR in River Restoration?
48. Does River Restoration thru dredging have an extraction limit?
49. For River restoration thru dredging clearance must they enter MOA with DENR?
50. For river restoration thru dredging clearance must they be an accredited traders by the mgb
and thru what?
51. For transportation of dredged materials with commercial utilization what permits to secure?
52. For river restoration projects allowed deviation from work program ?
53. Can LGU issue notice to proceed without MOA with DENR in River restoration Projects?
54. Is black sand mining thru dredging illegal?
55. Is quarrying prohibited in RDZ?
56. Priority for the dredging clearance applicants?
57. Share of the provincial government in dredging clearance besides excise tax?
58. Funding of the government by the private sector?
59. Deployment of equipments for the Dredging?
60. Who issues notice to proceed ?
61. Who determines security cash bond for dredging?
62. first step for LGU interested in applying for the DENR river restoration through dredging
activities?
63. Role Of MGB in dredging clearance only?
64. ECC procedural requirements for Dredging?
65. Who conducts PEIA or SEA?
66. May the provincial government be the proponent for PEIA or SEA?
67. Assessment of the river system affected by dredging?
68. Memorandum of Agreement with DENR composition?
69. Connection between MOA with DENR and Notice to proceed?
70. Inter agency committee?
71. Governing law on dredging in oriental Mindoro?
72. Authorizing the Utilization of Offshore Areas Not Covered by Approved Mining Permits and
Contracts as Sources of Dredgefill Materials for Government Reclamation Projects and for
Other Purposes what DAO?
73. shall issue the permits, to include those providing for the exploration and utilization of
Borrow Areas covered by Government Reclamation Projects
74. What are borrow areas?
75. What are seabed quarry resources?
76. Can the seabed quarry resources delineated can have metals or metallic constituents or non
metallic minerals in workable quantities?
77. What is seabed quarrying?
78. a permit issued by the __, upon recommendation by the Director to an applicant of a GSQP
who has not conducted any exploration work, what permit and who issues?
79. the corporate arm of the DENR, is responsible to help promote the development of the
country's natural resources.
80. Can the NRDC conduct mining operations including seabed quarrying?
81. shall collect the management fees, service fees, environmental user's fees and other fees in
connection with Government Reclamation Projects.
82. All Government Reclamation Projects shall be undertaken by the
83. All Government Reclamation Projects shall be approved by the
84. Who identifies borrow areas as a source for dredgefill materials?
85. refer to suitable materials taken from the seabed which may be used for reclamation
without undergoing processing.
86. All Government Reclamation Projects shall be undertaken by
87. Who shall verify borrow areas used as dredgefill materials identified by the PRA?
88. shall be responsible for the approval of bids or awards for contracts of work for Government
Reclamation Projects.
89. shall be responsible for the approval of bids or awards for contracts of work for Government
Reclamation Projects.
90. Who shall have the authority to use PRA – identified borrow areas?
91. The Government thru the___, has the right to utilize offshore areas not covered by
approved mining permits/contracts, including areas covered by pending mining applications,
as borrow areas for dredgefill materials for existing and future Government Reclamation
Projects
92. Surveys, sampling, site selection, dredging, and related operations in borrow areas shall be
subject to monitoring by the
93. If the government wishes to utilize the Borrow areas it must first be subjected to the
verification of the?
94. Areas open to seabed quarrying applications
95. Areas close to offshore quarrying?
96. Can areas close to mining be declared by the president open?
97. Who issues SEP and to whom?
98. Requirements for SEP?
99. SEP term?
100. Can you renew permit if you haven’t complied to all the conditions in your previous
permit?
101. The applicant of an SEP/GSQP in connection with a Government Reclamation Project,
shall secure area clearances for the proposed borrow sites from the following agencies:
102. Shall the SEP permittee Conduct a preliminary ecological profiling to establish pre-
quarrying conditions and submit a preliminary environmental examination of the area.?
103. refers to permit issued by the Secretary, upon the recommendation of the Director, to a
Qualified Person or Government Agency/Instrumentality, to utilize the areas not covered by
approved mining permits/contracts, including areas covered by pending mining rights
applications, In connection with Government Reclamation Projects and for other purposes
104. Who issues GSQP ?
105. SEP limitations rights?
106. Term of SEP and relinquishment area?
107. Must the permittee post a Financial Performance Surety of P l million to cover any
accidental damages of property, loss of lives, or destruction of seabed during the conduct of
the exploration work?
108. Must The Permittee shall submit to the Bureau a separate report on the relinquishment
with a detailed geologic report of the relinquished area incorporating therein borehole and
sampling data, seismic data/profiles and geophysical/oceanographic data accompanied by
maps at a scale of 1:50,000, results of analyses and corresponding expenditures, among
others. The minimum exploration expenditures for the remaining area after relinquishment
shall be based on the approved ExWP?
109. The Permittee shall submit to the Bureau within thirty (30) calendar days after the end
of each semester a status report under oath on its compliance with
110. Exploration Work Program acceptable deviance?
111. What happens if it increases beyond acceptable deviance?
112. When to submit status report for GSQP/SEP holders?
113. In case of core sample drilling, the Permittee shall, upon request of the Director, submit
to the Bureau a ___samples which shall be deposited in the Core Library for reference and
safekeeping
114. ___ shall annually review the performance of the Permittee
115. SEP exploration shall be carried out in accordance with what law?
116. No exploration and/or extraction of minerals shall be undertaken within the areas dosed
to mining/quarrying;?
117. may directly undertake the exploration, identification and delineation of potential
Borrow Areas as sources of dredgefill materials for reclamation projects upon initiative or
request for technical assistance from PRA
118. The PRA and its contractor may undertake the identification of such borrow areas
provided?
119. In the event that the PEA or its Project Contractor/Awardee has undertaken the
necessary exploration to the effect that there are sufficient data for the identification and
delineation of potential borrow areas as validated by the DENR-MGB, PEA or its Project
Contractor/Awardee shall be exempted from securing an __and instead secure a __
120. Areas already identified by PEA as Borrow Areas for Government Reclamation Projects
shall be prioritized for utilization in connection with
121. Seabed Quarrying may be undertaken by the
122. Type of seabed quarrying permit - to be issued to any Qualified Government
Entity/Instrumentality or a Qualified Project Contractor/Awardee of a government priority
project for a period co-terminus with the particular project;
123. Type of seabed quarrying permit - to be issued to any Qualified Person or Government
Entity/Instrumentality for projects that require declogging, clearing, widening and
deepening of flood control waterways, sealanes, ports and harbors as part of maintenance
dredging.
124. Dredging activities related to government reclamation project are exempted from
securing a
125. Borrow areas shall first be verify by __ before utilization?
126. In the case of Government Reclamation Projects under PEA which is a Government
Entity/Instumentality mandated to administer and coordinate all Government Reclamation
Projects, the Secretary shall issue the GSQP to the
127. Provided, That the said Project Contractor/Awardee satisfies the requisites of a
Qualified Person as defined in
128. Provided, further, That a Qualified Government Entity/Instrumentality may also be
issued the GSQP in lieu of the
129. In the event that a Winning Bidder or Project Contractor/Awardee of a Government
Reclamation Project is deemed not to be a Qualified Person by the DENR what happens?
130. The coverage of the `GSQP shall specifically be for ___ borrow areas which shall be not
__ and with a term co-terminus with the particular Government Reclamation Project:
131. the borrow areas shall, ipso facto, revert back to the jurisdiction of DENR after the
132. That offshore areas which are not utilized for any existing or proposed reclamation
projects or programs of PEA or the concerned Government Entity/instrumentality shall
remain within the jurisdiction of the
133. Where to apply GSQP?
134. GSQP term?
135. GSQP close areas
136. GSQP - The Permit shall be for the exclusive use and benefit of the Permitee and shall
not be transferred or assigned without
137. GSQP The Permit Holder shall assume full responsibility and be liable for damages to
private and/or public property(ies) that may be occasioned by its operations under the
Permit?
138. GSQP The Permit Holder shall post a Financial Performance Surety of P l Million to cover
any accidental damages to property, the loss of lives, or the destruction of the seabed
during the conduct of the dredging operations;?
139. GSQP The Permit Holder shall conduct its operations in accordance with the provisions
of the Mining Act and these implementing rules and regulations?
140. The Permit Holder shall not interfere with the rights of other Permit Holders/
Operators/Contractors/Awardees?
141. The Permit Holder shall immediately stop digging and extracting materials the moment
man-made articles or artifacts are found. It shall notify the Director of the National Museum
of such findings, in which case, the digging shall be under the supervision of the National
Museum until such artifacts are recovered?
142. Monitoring trust fund for all seabed quarrying?
143. A Permit Holder/Project Contractor/Awardee shall submit an annual Safety and Health
Program covering its area of operations within
144. Who shall have the jurisdiction for seabed quarrying monitoring?
145. Provided, further, That the __shall undertake safety and health audit annually or as
often as necessary to assess the effectiveness of the Safety and Health Program.
146. Who can revoke all seabed quarrying permits?
147. When to revoke seabed quarry permit?
148. Upon cancellation of the Permit, the dredged areas shall be rehabilitated immediately
by the
149. Does seabed quarrying need SHP, ECC, EPEP, Exploration Work Program and
Environmental Work Program?
150. The DENR or thru NRDC is authorized to collect What fees?
151. A basic fee of ___ of seabed dredgefill material quarried/dredged by the
contractor/Permit Holder shall be collected by DENR/NRDC as
Management/Service/Environmental User's Fees.
152. The fees collected shall be shared among the DENR/NRDC, PEA and the Local
Government Units concerned(S) in the following manner
153. Inter-Agency Coordinating Committee Composition
154. Guidelines for pebble picking along beaches what dao?
155. What is pebble picking?
156. Pebble picking along beaches/shorelines may be undertaken except in areas which are
declared for
157. Maximum size of pebble picking permit?
158. Where to file pebble picking permit application?
159. In pebble picking permit must there not be any machine?
160. Pebble picking permit within 1km from the boundaries of reservoirs established for
public water supply and/or any public private works or structures close to pebble picking?
161. or to the transport and/or disposition of pebbles gathered/removed from the permitted
area, the permittee shall pay the Government, through the concerned agent or
representative of the Bureau of Internal Revenue, the
162. Does pebble picking permit need delivery receipts for trucks?
163. Who shall issue delivery receipts for pebble picking?
164. Surety Bond of Pebble picking permittees before operation?
165. Pebble picking permit term?
1. Joint Memorandum Circular 2019-01
2. Yes
3. No
4. Yes
5. Yes
6. DENR
7. Yes
8. Yes but upon clearance from the DENR
9. Yes
10. Yes
11. DPWH
12. Upon securing clearance from the DPWH
13. Yes
14. a ten meter easement from the river banks or river structures such as dikes revetment or
other structures towards the main river channel
15. Excavation operation done within waterways or other inland bodies of waters
16. Dredging clearance – with commercial utilization ; dredging permit no commercial utilization
17. DPWH
18. Yes because it utilizes the states natural quarry and mineral resources as per mining law
through dredging only refers to the method of extraction
19. Open or confined area that serves as containement for disposed dredged materials
20. Yes
21. Yes to ensure that the proposed dredging will be completed within the term
22. Yes
23. Yes
24. Yes
25. Not allowed unless clearance from concerned govn agencies
26. Yes except for areas allowed by the DPWH
27. Yes
28. File mining project feasibility in MGB Regional Office
29. Yes
30. DPWH DOTR Philippine Coast Guard
31. Yes
32. Yes
33. Yes
34. Yes
35. Yes
36. DENR Regional Director/RED
37. DENR shall monitor ECC and mining permit/contract compliance; ensure that the allowable
quantity for extraction is complied with
38. Yes
39. MGB
40. PMRB
41. MGB Regional Director
42. DENR Secretary
43. No
44. OTP of the concerned PMRB/CMRB or DENR MGB regional director
45. MOEP Mineral Ore export permit
46. Magnetite
47. No, mgb has a memorandum invalidating small scale mining permits for use in black sand
mining
48. No, quarry is used only for non metallic quarry resources, black sand magnetite are metallic
and is therefore not applicable
49. No except for gold silver chromite
50. Yes but not in economically feasible quantities
51. 500 meters from the low tide level and onshore areas within 200 meters from the low mean
tide level along the coast
52. DAO 2019-04
53. Deltas
54. Provincial Government in accordance with the DPWH master plan
55. Yes, only dredging activities will be allowed
56. Ordinance of the sangguniang panlalawigan
57. Yes
58. No
59. 250,000,000 for individuals – 1,000,000,000 for corporations
60. Provincial Government
61. Yes
62. Yes
63. 6 months
64. Yes
65. Programmatic EIA or SEA in coordination with MGB DPWH and provincial Government
66. Yes
67. PENRO CENRO MGB every two years
68. Memorandum of Agreement with the DENR
69. Yes
70. Yes
71. Yes
72. MGB
73. <15%
74. Inter agency committee
75. Governor – chairperson, Red- vice chair person, MGB EMB and DPWH as members
76. Interagency committee
77. Yes subject to laws of the DAO 2000-25
78. Borrow areas
79. Dredgefill materials
80. Government seabed quarry permit
81. seabed quarry resources
82. Yes but not in workable quantities
83. Special exploration permit
84. Denr secretary upon recommendation of the MGB Director
85. DENR secretary upon recommendation of the MGB Director
86. DENR
87. Yes
88. Denr
89. File declaration of mining project feasibility to MGB Regional offices for the determination of
excise tax
90. Yes
91. DAO 96-40
92. 2 years
93. Yes
94. Yes
95. 50% of the area
96. Yes
97. UNCLOS
98. No
99. Government dredging permit (GDP
100. Yes
101. Yes
102. Yes
103. Dao 2020-07
104. DAO 2000-25
105. DENR

72. DAO 2000-25

73. DENR Secretary


74. refers to an area that had been technically delineated or Identified as source area of Seabed
Quarry Resources
75. refer to sand, gravel, boulders and other aggregates or loose materials from the seabed which
may be used without undergoing processing
76. No
77. Process of extracting, removing and/or disposing quarry resources found in offshore areas
78. Special Exploration Permit (SEP) issued by the DENR Secretary
79. NRDC – natural resources development corporation
80. Yes
81. DENR or through the NRDC
82. PRA or PEA in this case but was later renamed to PRA
83. President upon recommendation of the PRA
84. PRA
85. Dredgefill materials
86. PRA or through a proper contract executed by it with any person or entity
87. DENR
88. PRA
89. PRA
90. The winning bidder or Project Contractor/Awardee shall have priority for the use of PEA-
identified borrow areas not covered by approved mining permit/contract including those
offshore areas covered by pending mining application
91. DENR, NRDC and PEA
92. DENR
93. MGB at the expense of the concerned Government Entity/instrumentality or a Qualified
Project Contractor
94. Offshore areas not covered by valid and existing mining rights;
Offshore areas covered by expired/abandoned/cancelled offshore mining and
quarrying rights;
95. Areas close to mining as per mining law;

Less than 1,500 meters (m) distance from the nearest coastline (mean low tide level)
of land or island(s) and where the seabed depth is less than 30 m measured at
mean sea level;

Less than 1,000 m distance from the nearest boundary of a declared National
Integrated Protected Area System (NIPAS) component or Protected Area such as
marine park/reserve, fish sanctuary, etc.

Less than 500 n from all sides of production oil rigs and platforms, piers/ports,
navigational sea lanes

Less than 2,000 m distance from both sides of submarine cables, pipelines, bridges and
other facilities/infrastructures, unless written consent is obtained from the
concerned party;

Less than 1,000 m distance from coral reefs, shoals and banks with endangered
Marine Habitat as delineated by PAWB-DENR; and
Exclusion/buffer corridors of 15 seconds of geographic coordinates, approximately
measuring 450 m wide, as reckoned from the boundary/perimeters of valid and
existing Permit/Contract Mining Areas

96. 2 years renewable for like periods


97. No
98. MGB, PRA, BFAR, DOTC, LGU, DOE and other govn agencies if applicable
99. Yes
100. GSQP – government seabed quarry permit
101. DENR secretary upon recommendation of the MGB Director
102. The Permit shall be for the exclusive use and benefit of the Permittee or its duly
authorized representative and, shall under no circumstances, be used by the Permittee for
purposes other than exploration.
103. 2 years renewable for like periods and renewal with relinquishment of at least 50% of
the area
104. Yes
105. Yes
106. Exploration Work Program
107. < - 20 %
108. Shall be subjected to approval of the MGB Director
109. Within 30 days from the end of six months after the approval of the Environmental
Work Program and every six month thereafter on its compliance with EnWP
110. Quarter of the core
111. Secretary or his/her duly authorized representative
112. UNCLOS United Nations Convention on the Law of the Sea (UNCLOS)
113. Yes
114. DENR
115. Initially conduct exploration survey over selected offshore areas under a Special
Exploration Permit (SEP)
116. SEP and GSQP
117. Reclamation Projects
118. DENR through its corporate arm, the NRDC, or through a Qualified Person or
Government Entity/Instrumentality
119. Government Seabed Quarrying Permit – GSQP
120. Governmenet Dredging Permit – GDP
121. Government Dredging Permit
122. MGB
123. winning Bidder or Project Contractor/Awardee of a particular Government
Reclamation Project:
124. DENR Memorandum Order No. 99-10
125. Project Contractor/Awardee which falls to meet the requisite of a Qualified Person
126. the NRDC shall be issued the GSQP by the Secretary to undertake the Seabed
dredging/quarrying operation for the particular Government Reclamation Project: Provided,
That the NRDC may avail of the services of a Qualified Service Contractor(s) or, enter into a
Memorandum of Agreement (MOA) with other Qualified Government
Entity(ies)/Instrumentality(ies) to undertake the said Seabed dredging/quarrying operations.
127. > 10,000 hectares
128. Government Reclamation Project
129. DENR
130. MGB
131. Coterminous with the project
132. No extraction, removal and/or disposition of materials shall likewise be allowed in
offshore areas within one thousand five hundred (1,500) meters distance from the coast, and
within two hundred (200) meters landward from the mean low tide level along the beach and
wherein the seabed depth is less than 30 meters as measured from the mean sea level;
133. Approval from the MGB Director
134. Yes
135. Yes
136. Yes
137. Yes
138. Yes
139. 100,000 Php
140. 15 working days before the start of every calendar year
141. MGB
142. MGB
143. DENR Secretary
144. Failure to comply with the terms and conditions of the Permit and/or ECC/EPEP/SHP;

Failure to pay fees, royalties and taxes due the government for two (2) consecutive
years without valid ground;

Any misrepresentation in any statement made in the application or those made later
in support thereof

Violation of any provision of the Mining Act and these implementing rules and
regulations

145. Permit Holder in accordance with his approved EPEP and rehabilitation plan.
146. Yes
147. Management fees, service fees, environmental fees and other fees from the
permittees/permit holders and/or contractors/subcontractors
148. 5 php per cubic meter
149. 40% - NRDC , 40% - PRA and20% to LGU concerned
150. composed of two (2) representatives each from the DENR, MGB and PEA
151. DAO 1992 – 28
152. shall mean handsorting or manual gathering of pebbles from the permitted area/s
along the beaches/shorelines without the aid of any mechanized equipment.
153. Environmental Management and Protected Areas Sector (EMPAS), tourist zones
declared by DOT
154. < 1 hectare per cooperative
155. CENRO
156. Yes
157. Must have clearance from owner/ govn agency
158. three per cent (3%) ad valorem tax (excise tax for nonmetallic minerals) due thereon,
as provided for under the Internal Revenue Code and its implementing rules and regulations;
159. Yes
160. CENRO
161. 10,000 Php
162. 1 year or volume depletion renewable after field verification from RED
163.

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