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Procedures and Checklist of

Requirements in the Issuance


of Permits through the
Provincial Mining Regulatory
Board (PMRB)

Cebu Provincial Capitol Social Hall


February 27, 2018
Outline of Presentation
• Legal Basis of PMRB
• Composition of PMRB
• Powers and Functions of PMRB
• List of Permits issued by PMRB
• Procedures in the Issuance of Permit
through PMRB
• Checklist of Requirements

2
Legal Basis of PMRB
• REPUBLIC ACT NO. 7942
The Philippine Mining Act of 1995
– ADMINISTRATIVE ORDER NO. 2010-21
Revised Implementing Rules and
Regulations of R.A. 7942, otherwise known
as Philippine Mining Act of 1995

• REPUBLIC ACT NO. 7076


People's Small-Scale Mining Act of 1991

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Legal Basis of PMRB
Pursuant to R.A. No. 7942 (A.O. No. 2010-21)

The P/CMRB shall exercise, among others, the following functions:

1. Accepts, processes, and evaluates application/s for


small-scale mining, quarry, sand and gravel, guano,
gemstone gathering, pebble picking permit;

2. Determines administrative charges and fees for permit


applications

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Powers and Functions of PMRB
Pursuant to R.A. NO. 7076.

a) Declares and segregates existing gold-rush


areas for small-scale mining;
b) Reserves future gold and other mining areas
for small-scale mining;
c) Recommends for the award of contracts to
small-scale miners’ cooperative by the
Governor/City Mayor;

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Powers and Functions of PMRB
Pursuant to R.A. NO. 7076.
d) Formulates and implements rules and
regulations related to small-scale mining;
e) Settles disputes, conflicts or litigations over
conflicting claims within a people's small-scale
mining area, an area that is declared a small-
scale mining area; and
f) Performs such other functions as may be
necessary to achieve the goals and objectives of
this R.A. No. 7076.
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Composition of PMRB
Pursuant to DAO 2010-21. Section 70.
Chair
MGB Regional Director

Vice-chair
Provincial Governor / City Mayor

Members
Small-scale Mining Large-scale Mining Environmental NGO
Representative Representative Representative

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List of Permits Processed through the PMRB
Pursuant to R.A. NO. 7942.

1. QUARRY PERMIT
2. COMMERCIAL SAND AND GRAVEL PERMIT
3. INDUSTRIAL SAND AND GRAVEL PERMIT
4. EXCLUSIVE SAND AND GRAVEL PERMIT
5. GOVERNMENT GRATUITOUS PERMIT
6. PRIVATE GRATUITOUS PERMIT
7. GUANO PERMIT
8. GEMSTONE-GATHERING PERMIT

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List of Permits Processed through PMRB
issued by PMRB
Pursuant to R.A. NO. 7942.

QUARRY PERMIT
for privately- maximum area a term of five (5)
owned lands which a qualified years, renewable
and/or public person may hold for like periods but
lands for building at any one time not to exceed a
and construction shall be five total term of
materials hectares (5 has) twenty five (25)
years.

No quarry permit shall be issued or granted on any area


covered by a mineral agreement, or financial or technical
assistance agreement.
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List of Permits Processed through PMRB
issued by PMRB
Pursuant to DAO 2010-21. Section 71

QUARRY PERMIT

Production rate: Project cost:


Not more than Not more than
50,000 MT ₱10 M

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List of Permits Processed through PMRB
issued by PMRB
Pursuant to CDAO 2010-21. Section 72

COMMERCIAL SAND AND GRAVEL PERMIT


for the extraction, removal area of not more than five
and disposition of sand and hectares (5 has) and in
gravel and other loose or such quantities
unconsolidated materials
which are used in their a term of one (1) year from
natural state without date of issuance thereof,
undergoing processing renewable for like period

only one (1) Permit shall be granted to a Qualified Person


in a municipality at any one time under such terms and
conditions
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List of Permits issued by PMRB
Pursuant to CDAO 2010-21. Section 72

INDUSTRIAL SAND AND GRAVEL PERMIT


for the extraction, removal area of not more than five (5)
and disposition of sand hectares
and gravel and other
a term of five (5) years,
loose or unconsolidated
renewable for like periods but
materials that necessitate
not to exceed a total term of
the use of mechanical
twenty-five (25) years
processing

only one (1) Permit shall be granted to a Qualified Person


in a municipality at any one time under such terms and
conditions
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List of Permits issued by PMRB
Pursuant to CDAO 2010-21. Section 72

EXCLUSIVE SAND AND GRAVEL PERMIT


for extraction, removal an area of not more than one (1)
and utilization of sand hectare
and gravel and other
loose or unconsolidated has a nonrenewable period not
materials from public exceeding sixty (60) calendar
land for its own use days and a maximum volume of
fifty (50) cubic meters

Provided, That there will be no commercial disposition


thereof.

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List of Permits Processed through PMRB
Pursuant to CDAO 2010-21. Section 73

GOVERNMENT GRATUITOUS PERMIT


Any Government an area of not more than
entity/instrumentality in need two (2) hectares
of quarry, sand and gravel or
a period coterminous with
loose/unconsolidated materials
the construction stage of
in the construction of
the project but not to
building(s) and/or
exceed one (1) year in
infrastructure for public use or
public/private land(s)
other purposes
The applicant shall submit a project proposal stating where the
materials to be taken shall be used and the estimated volume needed.

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List of Permits Processed through PMRB
issued by PMRB
Pursuant to CDAO 2010-21. Section 73

PRIVATE GRATUITOUS PERMIT

for the extraction, has a non-renewable period of


removal and sixty (60) calendar days
utilization of quarry,
sand and gravel or Provided, That there is adequate
loose/unconsolidate proof of ownership and that the
d materials from the materials shall be for personal
landowner’s land use.

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List
List of
of Permits
Permits issued by PMRB
Processed through PMRB
Pursuant to CDAO 2010-21. Section 81

GUANO PERMIT
The applicant is a qualified an area must not be more
person domiciled within the than five (5) hectares
municipality where the area
applied for is located a term of one (1) year or
upon the extraction of the
quantity as specified in
for the extraction, removal,
the Permit
disposition, and/or utilization
of loose unconsolidated Provided, That only one
guano and other organic (1) Guano Permit shall be
fertilizer deposits in specific issued for the same cave
caves and/or confined sites or area
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List of Permits issued by PMRB
Processed through PMRB
Pursuant to CDAO 2010-21. Section 81

GRATUITOUS GUANO PRIVATE GUANO


PERMIT (MGB Form No. 8-6) PERMIT

Granted to an individual For sale or commercial


for his/her personal use disposition of guano
or to any Government within a specified
agency in need of guano period and in such
Within a specified period quantity as may be
and in such quantity not specified thereof
more than two thousand
kilograms (2,000 kg)
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List of Permits issued by PMRB
Processed through PMRB
Pursuant to CDAO 2010-21. Section 88

GEMSTONE GATHERING PERMIT


for the extraction, for a term not
removal and exceeding one (1)
utilization of loose year, renewable for
stones useful as like periods
gemstones

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Procedures on the Issuance of Permits
Pursuant to CDAO 2010-21. Section 74

Mandatory Requirements for Quarry or Commercial/


Industrial Sand and Gravel Permit Application
The application for Quarry or Sand and Gravel
Permit shall be filed by the applicant either
personally or through its duly authorized
representative with the Regional
Office/Provincial/City Mining Regulatory Board
concerned.

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Procedures on the Issuance of Permits
Pursuant to CDAO 2010-21. Section 74

Mandatory Requirements for Quarry or Commercial/


Industrial Sand and Gravel Permit Application
Provided, That any application that transcends into
two (2) or more regions/provinces/cities shall be
filed with the Regional Office/Provincial/City Mining
Regulatory Board which has the largest area
covered by the application, copy furnished the
other Regional Office(s)/Provincial/City Mining
Regulatory Board concerned by the applicant:

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Procedures on the Issuance of Permits
Pursuant to CDAO 2010-21. Section 74

Mandatory Requirements for Quarry or Commercial/


Industrial Sand and Gravel Permit Application
Provided, further, That a permit application shall be
accepted only upon payment of the required fees
(Annex 5-A) to the Regional Office/Provincial/City
Mining Regulatory Board concerned: Provided,
finally, That any application with incomplete
mandatory requirements shall not be accepted.

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Procedures on the Issuance of Permits
Pursuant to CDAO 2010-21. Section 77

Processing/Registration/Issuance of a Quarry or Sand


and Gravel Permit
Upon evaluation that all the terms and conditions are in
order and that the subject area has been cleared from any
conflict, the Regional Director/Provincial Governor/City
Mayor concerned shall approve and issue the Permit within
thirty (30) calendar days from such evaluation and shall
notify the Permit Holder to cause the registration of the
same within fifteen (15) working days from receipt of the
written notice.

22
Procedures on the Issuance of Permits
Pursuant to CDAO 2010-21. Section 77

Processing/Registration/Issuance of a Quarry or Sand


and Gravel Permit
Registration is effected only upon payment of the required
fees (Annex 5-A). The Regional Office/Provincial/City
Mining Regulatory Board concerned shall officially release
the Permit to the Permit Holder after registration.

Failure of the Permit Holder to cause the registration of its


Permit within the prescribed period shall be a sufficient
ground for cancellation of the same.

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Procedures on the Issuance of Permits
Pursuant to CDAO 2010-21. Section 82

Mandatory Requirements for Guano Permit Application


The permit application (MGB Form No. 8-5) shall be filed
by the applicant either personally or through its duly
authorized representative with the Provincial/City Mining
Regulatory Board: Provided, That any application that
transcends into two (2) or more regions shall be filed with
the Provincial/City Mining Regulatory Board which has
the largest area covered by the application, copy
furnished the other Provincial/City Mining Regulatory
Board concerned by the applicant:

24
Procedures on the Issuance of Permits
Pursuant to CDAO 2010-21. Section 82

Mandatory Requirements for Guano Permit Application


Provided, further, That a permit application shall be
accepted only upon payment of the required fees (Annex 5-
A) to the Provincial/City Mining Regulatory Board:
Provided, finally, That any application with incomplete
mandatory requirements shall not be accepted.

25
Procedures on the Issuance of Permits
Pursuant to CDAO 2010-21. Section 85

Processing/Registration/Issuance of a Guano Permit


Upon evaluation that all the terms and conditions are in
order and that the subject area has been cleared from any
conflict, the Provincial Governor/City Mayor concerned
shall approve and issue the Permit within thirty (30)
calendar days from such evaluation and shall notify the
Permit Holder to cause the registration of the same within
fifteen (15) working days from receipt of the written notice.
Registration is effected only upon payment of the required
fees (Annex 5-A). The Provincial/City Mining Regulatory
Board concerned shall officially release the Permit to the
Permit Holder after registration..
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Procedures on the Issuance of Permits
Pursuant to CDAO 2010-21. Section 88

Mandatory Requirements for Gemstone Gathering


Permit Application
The permit application (MGB Form No. 8-7) shall be filed by
the applicant either personally or through its duly
authorized representative with the Provincial/City Mining
Regulatory Board: Provided, That any application that
transcends into two (2) or more regions shall be filed with
the Provincial/City Mining Regulatory Board which has the
largest area covered by the application, copy furnished the
other Provincial/City Mining Regulatory Board concerned
by the applicant:

27
Procedures on the Issuance of Permits
Pursuant to CDAO 2010-21. Section 88

Mandatory Requirements for Gemstone Gathering


Permit Application
Provided, further, That a permit application shall be
accepted only upon payment of the required fees (Annex 5-
A) to the Provincial/City Mining Regulatory Board:
Provided, finally, That any application with incomplete
mandatory requirements shall not be accepted.

28
Procedures on the Issuance of Permits
Pursuant to CDAO 2010-21. Section 82

Processing/Registration/Issuance of a Gemstone
Gathering Permit

Upon evaluation that all the terms and conditions are in


order and that the subject area has been cleared from any
conflict, the Provincial Governor/City Mayor concerned
shall approve and issue the Permit (MGB Form No. 8-8)
within thirty (30) calendar days from such evaluation and
shall notify the Permit Holder to cause the registration of
the same within fifteen (15) working days from receipt of
the written notice.

29
Procedures on the Issuance of Permits
Pursuant to CDAO 2010-21. Section 82

Processing/Registration/Issuance of a Gemstone
Gathering Permit

Registration is effected only upon payment of the required


fees (Annex 5-A). The Provincial/City Mining Regulatory
Board concerned shall officially release the Permit to the
Permit Holder after registration.

Failure of the Permit Holder to cause the registration of its


Permit within the prescribed period shall be a sufficient
ground for cancellation of the same.
..

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CHECKLIST OF REQUIREMENTS FOR QUARRY PERMIT

A. Mandatory Acceptance Requirements

1. Duly Accomplished and notarized Application


Form (with Bio-data w/ recent 2x2 picture of the
Application)

2. Payment of Filing and Processing Fees

3. Survey Sketch Plan (min. scale of 1:3000)

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CHECKLIST OF REQUIREMENTS FOR QUARRY PERMIT

B. Subsequent Requirements

4. Area Clearance/Status from PENRO-Capitol

5. Area Clearance/Status from MGB-7

6. Work Program and Rehabilitation Plan (MGB-


prescribed format) *with panoramic view of
applied area

7. Proof of financial capability

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CHECKLIST OF REQUIREMENTS FOR QUARRY PERMIT

B. Subsequent Requirements
7. Proof of financial capability
a. For individual:

a.1 Sworn Statement of assets and liabilities

a.2 Certification of bank deposit/credit lines


and similar negotiable instrument

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CHECKLIST OF REQUIREMENTS FOR QUARRY PERMIT

B. Subsequent Requirements
7. Proof of financial capability
b. For corporation, partnership, association or
cooperative :
b.1 Latest Audited Financial Statement
b.2 Credit Lines
b.3 Bank guarantees and/or similar
negotiable instrument

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CHECKLIST OF REQUIREMENTS FOR QUARRY PERMIT

B. Subsequent Requirements
8. Proof of Technical Capability such as the
following:
8.a. Duly signed Curriculum Vitae of the Technical
Personnel who will undertake the implementation of
the Work Program,EPEP, etc.

8.b. Proof of availed services of the Technical Personnel


which may be in the form of contract/agreement or

Certificate of Employment

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CHECKLIST OF REQUIREMENTS FOR QUARRY PERMIT

B. Subsequent Requirements
9. In case of Partnership or Corporation, duly certified
Certificate of Registration, Articles of
Partnership/Incorporation and By-Laws
(one (1) certified true-copy and four (4) duplicates of
the certified true-copy)
In case of Cooperative, duly certified Certification of
Registration with the Cooperative Development
Authority, Articles of Cooperation and By-Laws
(one (1) certified true-copy and four (4) duplicates of
the certified true-copy)
This is only submitted if applicable to the Applicant.

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CHECKLIST OF REQUIREMENTS FOR QUARRY PERMIT

B. Subsequent Requirements
10. Favorable Resolution/Endorsement from
concerned Sangguniang Barangay and
Sangguniang Bayan concerned

11. ECC/Certificate of Non-Coverage (CNC) from


EMB Regional Office

12. Operating Agreement/Contract/Consent


between holder/s of valid and existing mining
rights (as may be deemed applicable)
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CHECKLIST OF REQUIREMENTS FOR QUARRY PERMIT

B. Subsequent Requirements
13. Copy of the Land Title/Tax Declaration (latest

copy) of the applied area


14. Consent from the Land owner, if the applicant
does not own the land
15. Certification of Land Classification Status from
concerned DENR, CENRO Office
16. Field verification report (with pictures)
conducted by PENRO-Capitol
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CHECKLIST OF REQUIREMENTS FOR QUARRY PERMIT

B. Subsequent Requirements
17. Payment of Fees:
• Permit Fee - ₱ 5,000.00
• Extraction Fee- To be determined
• Environmental Enhancement Fee
₱5,000.00/hectares/year

(To be paid prior to the release of permit)

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CHECKLIST OF REQUIREMENTS FOR QUARRY PERMIT

C. Other Requirements by PENRO-Capitol


18. Accreditation of trucks with pictures

19. Commitment of load limit and pictures of


accredited trucks
20. Installation of Waste Disposal Bins in strategic
locations of the site duly segregated into four (4)
categories (a. biodegradable; b. residual; c.
recyclable, and d. special waste) *Show photos with
date captured

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CHECKLIST OF REQUIREMENTS FOR QUARRY PERMIT

C. Other Requirements by PENRO-Capitol


21. Project Environmental Risk Categorization
Plan. *copy furnish to PDRRMO with proof of receipt

22. Undertaking and Authority

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CHECKLIST OF REQUIREMENTS FOR RENEWAL
OF QUARRY PERMIT

1. Letter request for renewal (with attached


original accomplished application form)
2. Payment of Filing, Processing and Verification
Fees
3. Certification from the PTO as to payment of
Extraction Fee
4. Favorable endorsement from Barangay Captain
and Municipal/City Mayor
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CHECKLIST OF REQUIREMENTS FOR RENEWAL
OF QUARRY PERMIT

5. Certification from BIR as to full payment of the


required Excise Taxes or Excise Tax Return

6. ECC Compliance Evaluation Report from EMB-


7 and proof of payment of fines for ECC
violations, if any.

7. Clearance from the Provincial Legal Office


certifying no outstanding case

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CHECKLIST OF REQUIREMENTS FOR RENEWAL
OF QUARRY PERMIT

8. Compliance to Provincial Ordinance 2016-21


Section 3, paragraph C. (1) other requirements
(1. CMDP; 2. PEIR; 3. FMR/DP) and paragraph (2)
9. Survival report of trees planted and clearance
from PENRO-Capitol Forest Management
Services Division
10. Copy of previous permit

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Note for Renewal Application:

Renewal application filed after expiration of


the permit shall be treated as new.

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“Mining shall be
pro-people and pro-environment
in sustaining wealth creation and
improved quality of life”

THANK YOU!
- END OF PRESENTATION-
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