Article 42p. 42

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

The system of processing applications for mining rights

shall be prescribed in the rules and regulations of this

Act.

Section 12

Survey, Charting and Delineation of Mining Areas

A sketch plan or map of the contract or mining area

prepared by a deputized geodetic engineer suitable for

publication purposes shall be required during the filing

of

a

mineral

agreement

or

financial

or

technical

assistance

agreement

application.

Thereafter,

the

contract

or

mining

area

shall

be

surveyed

and

monumented

by

a deputized geodetic engineer or

bureau geodetic engineer and the survey plan shall be

approved by the Director before the approval of the

mining feasibility.

Section 13

Meridional Blocks

For purposes of the delineation of the contract or mining

areas under this Act, the Philippine territory and its

exclusive economic zone shall be divided into meridional

blocks of one-half (1/2) minute of latitude and one-half

(1/2) minute of longitude.

Section 14

Recording System

There shall be established a national and regional filing

and recording system. A mineral resource database

system shall be set up in the Bureau which shall include,

among others, a mineral rights management system.

The Bureau shall publish at least annually, a mineral

gazette of nationwide circulation containing among

others, a current list of mineral rights, their location in

the map, mining rules and regulations, other official acts

affecting mining, and other information relevant to

mineral

resources

development.

A

system

and

publication fund shall be included in the regular budget

of the Bureau.

CHAPTER III Scope of Application

Section 15

Scope of Application

This Act shall govern the exploration, development,

utilization and processing of all mineral resources.

Section 16

Opening of Ancestral Lands for Mining Operations

No ancestral land shall be opened for mining-operations

without

prior

consent

of

the

indigenous

cultural

community concerned.

Section 17

Royalty Payments for Indigenous Cultural Communities

In the event of an agreement with an indigenous

cultural community pursuant to the preceding section,

the royalty payment, upon utilization of the minerals

shall be agreed upon by the parties. The said royalty shall

form

part

of

a

trust

fund

for

the

socioeconomic

well-being of the indigenous cultural community.

Section 18

Areas Open to Mining Operations

Subject to any existing rights or reservations and prior

agreements of all parties, all mineral resources in public

or private lands, including timber or forestlands as

defined

in

existing

laws, shall be open to mineral

agreements

or

financial

or

technical

assistance

agreement applications. Any conflict that may arise

under this provision shall be heard and resolved by the

panel of arbitrators.

Section 19

Areas Closed to Mining Applications

Mineral agreement or financial or technical assistance

agreement applications shall not be allowed:

a. In military and other government reservations, except

upon prior written clearance by the government agency

concerned;

b. Near or under public or private buildings, cemeteries,

archeological

and

historic

sites,

bridges,

highways,

waterways,

railroads,

reservoirs,

dams

or

other

infrastructure projects, public or private works including

plantations

or

valuable

crops,

except

upon

written

consent of the government agency or private entity

concerned;

c. In areas covered by valid and existing mining rights;

d. In areas expressedly prohibited by law;

e. In areas covered by small-scale miners as defined by

law unless with prior consent of the small-scale miners,

in which case a royalty payment upon the utilization of

minerals shall be agreed upon by the parties, said royalty

forming a trust fund for the socioeconomic development

of the community concerned; and

f. Old growth or virgin forests, proclaimed watershed

forest

reserves,

wilderness

areas,

mangrove

forests,

mossy

forests,

national

parks

provincial/municipal

forests,

parks,

greenbelts,

game

refuge

and

bird

sanctuaries as defined by law and in areas expressly

prohibited

under

the

National

Integrated Protected

Areas System (NIPAS) under Republic Act No. 7586,

Department Administrative Order No. 25, series of 1992

and other laws.

CHAPTER IV Exploration Permit

Section 20

Exploration Permit

An

exploration

permit

grants the right to conduct

exploration for all minerals in specified areas. The Bureau

shall have the authority to grant an exploration Permit to

a qualified person.

Section 21

Terms and Conditions of the Exploration Permit

An exploration permit shall be for a period of two (2)

years, subject to annual review and relinquishment or

renewal upon the recommendation of the Director.

Section 22

Maximum Areas for Exploration Permit

The maximum area that a qualified person may hold at

any one time shall be:

a. Onshore, in any one province

1. for individuals, twenty (20) blocks: and

2.

for

partnerships,

corporations,

cooperatives,

or

associations, two hundred (200) blocks.

b. Onshore, in the entire Philippines

1. for individuals, forty (40) blocks; and

© 2018 Compiled by RGL

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