DEVOLUTION OF MINES AND GEOSCIENCES

BUREAU (MGB)FUNCTIONS TO
LOCAL GOVERNMENT UNITS (LGUs)
 OUTLINE
I. Laws and Policies on Devolution of MGB
Functions
II. Devolved Functions of the MGB
III. Role of Local Government
IV. Permits Devolved for Approval of the
LGU
 I. Laws and Policies on Devolution of MGB
Functions
1. Republic Act No. 7160, otherwise known as the Local
Government Code of 1991 and Executive Order No. 503,
its implementing guidelines;

2. Republic Act No. 7076 re: An Act Creating a People’s

Small-Scale Mining Program and for other Purposes and
its implementing rules and regulations, DAO No. 2015-03;
3. Republic Act No. 7942, otherwise known as the
Philippine Mining Act of 1995 and its implementing
rules and regulations, DAO No. 2010-21; and

4. DAO No. 92-30 re: Guidelines for the Transfer and

Implementation of DENR Functions devolved to
Local Government Units as amended by DAO No.
92-31, DAO No. 92-37 and DAO No. 92-50.
II. Devolved Functions of the MGB pursuant to
DAO No. 92-30 as amended by DAO No. 92-31

• Enforcement of small scale mining laws involving areas not

declared as government mineral reservations, subject to
policies, standards and guidelines of the DENR;

• Issuance of permits for: guano collection;

• Issuance of special permits for pebble picking operations

along beaches/shoreline subject to the provisions of Batas
Pambansa Blg. 265;
• Issuance of permits for the extraction of sand and gravel and
other quarry resources (such as, but not limited to
diatomaceous earth, limestone, clay, marble, talc, gypsum,
phosphate rock, barite, bentonite, feldspar, gemstone, pyrite
or fertilizers, perlite and silica in areas not more than five (5)
hectares;

• Permits issued by the Provincial Governor/City Mayor upon

area clearance from concerned DENR regional office and
upon recommendation by the P/CMRB;

• Verification and adjudication of conflicts and collection of

fees and charges for guano collection and the extraction of
sand, gravel and other quarry resources.
III. Role of Local Government pursuant to Section of
DAO No. 96-40 as amended by DAO No. 2010-21
• To ensure that relevant laws on public notice, public consultation and
public participation are complied with;

• To receive their share as provided for by law in the wealth generated

from the utilization of mineral resources and thus enhance economic
progress and national development;

• To approve applications for small-scale mining (amended by DAO No.

2015-03), sand and gravel, quarry, guano, gemstone gathering and
gratuitous permits and for industrial sand and gravel permits not
exceeding (5) hectares in coordination with the Bureau/Regional Office
and subject to valid and existing mining rights;
• To facilitate the process by which the community shall reach an
informed decision on the social acceptability of mining project as a
requirement for securing an Environmental Compliance Certificate
(ECC);

• To participate in the monitoring of any mining activity as a member of

the Multipartite Monitoring Team;

• To participate as a member of the Mine Rehabilitation Fund Committee;

• To be the recipient of social infrastructure and community development

projects for the utilization of the host and neighboring communities To
act as the mediator between the Indigenous Cultural Communities and
the Contractor(s) as may be requested;
• To coordinate with the Department and the Bureau in the
implementation of the Act and its implementing rules and regulations in
their respective jurisdictions; and

• To perform such other powers and functions as may be provided for by

applicable laws, rules and regulations.
 IV. Permits devolved for Approval of the LGU

Any qualified Person may apply for the following permits with the Provincial
Governor/City Mayor through the P/CMRB:

• Small-Scale Mining Permit (amended by DAO No. 2015-03)

• Sand and gravel (Commercial and Industrial)
• Quarry
• Guano
• Gemstone Gathering
• Gratuitous (Government and Private)
• Special Pebble Picking (through CENRO pursuant to the IRR
of Batas Pambansa Blg. 265)
Thank you.