Article 46p. 46

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

and regulations. The permittee shall also pay the excise

tax as provided by pertinent laws.

Section 45

Cancellation of Quarry Permit

A quarry permit may be cancelled by the provincial

governor for violations of the provisions of this Act or its

implementing rules and regulations or the terms and

conditions of said permit: Provided, That before the

cancellation of such permit, the holder thereof shall be

given the opportunity to be heard in an investigation

conducted for the purpose.

Section 46

Commercial Sand and Gravel Permit

Any qualified person may be granted a permit by the

provincial governor to extract and remove sand and

gravel or other loose or unconsolidated materials which

are used in their natural state, without undergoing

processing from an area of not more than five hectares

(5 has.) and in such quantities as may be specified in the

permit.

Section 47

Industrial Sand and Gravel Permit

Any qualified person may be granted an industrial sand

and gravel permit by the Bureau for the extraction of

sand and gravel and other loose or unconsolidated

materials

that

necessitate

the

use

of

mechanical

processing covering an area of more than five hectares

(5 has.) at any one time. The permit shall have a term of

five (5) years, renewable for a like period but not to

exceed a total term of twenty-five (25) years.

Section 48

Exclusive Sand and Gravel Permit

Any qualified person may be granted an exclusive sand

and gravel permit by the provincial governor to quarry

and

utilize

sand

and

gravel

or

other

loose

or

unconsolidated materials from public lands for his own

use,

provided

that

there

will

be

no

commercial

disposition thereof.

A mineral agreement or a financial technical assistance

agreement contractor shall, however, have the right to

extract and remove sand and gravel and other loose

unconsolidated

materials without need of a permit

within the area covered by the mining agreement for the

exclusive use in the mining operations: Provided, That

monthly reports of the quantity of materials extracted

therefrom shall be submitted to the mines regional

office concerned: Provided, further, That said right shall

be coterminous with the expiration of the agreement.

Holders of existing mining leases shall likewise have the

same rights as that of a contractor: Provided, That said

right shall be coterminous with the expiry dates of the

lease.

Section 49

Government Gratuitous Permit

Any

government

entity

or

instrumentality

may

be

granted a gratuitous permit by the provincial governor

to

extract

sand

and

gravel,

quarry

or

loose

unconsolidated materials needed in the construction of

building and/or infrastructure for public use or other

purposes over an area of not more than two hectares (2

has.) for a period coterminous with said construction.

Section 50

Private Gratuitous Permit

Any owner of land may be granted a private gratuitous

permit by the provincial governor.

Section 51

Guano Permit

Any qualified person may be granted a guano permit by

the

provincial governor to extract and utilize loose

unconsolidated

guano

and

other

organic

fertilizer

materials in any portion of a municipality where he has

established domicile. The permit shall be for specific

caves and/or for confined sites with locations verified by

the

Department's

field

officer

in

accordance

with

existing rules and regulations.

Section 52

Gemstone Gathering Permit

Any qualified person may be granted a non-exclusive

gemstone gathering permit by the provincial governor

to gather loose stones useful as gemstones in rivers and

other locations.

CHAPTER IX Transport, Sale and Processing

of Minerals

Section 53

Ore Transport Permit

A

permit

specifying

the

origin

and

quantity

of

non-processed mineral ores or minerals shall be required

for their transport. Transport permits shall be issued by

the mines regional director who has jurisdiction over the

area where the ores were extracted. In the case of

mineral ores or minerals being transported from the

small-scale

mining

areas

to

the

custom

mills

or

processing

plants,

the

Provincial

Mining Regulatory

Board

(PMRB) concerned shall formulate their own

policies to govern such transport of ores produced by

small-scale miners. The absence of a permit shall be

considered as prima facie evidence of illegal mining and

shall

be

sufficient

cause

for

the

Government

to

confiscate the ores or minerals being transported, the

tools and equipment utilized, and the vehicle containing

the same. Ore samples not exceeding two metric tons (2

m.t.)

to

be used exclusively for assay or pilot test

purposes shall be exempted from such requirement.

Section 54

Mineral Trading Registration

No

person

shall

engage

in the trading of mineral

products,

either

locally

or

internationally,

unless

registered with the Department of Trade and Industry

and accredited by the Department, with a copy of said

registration submitted to the Bureau.

Section 55

Minerals Processing Permit

No person shall engage in the processing of minerals

without first securing a minerals processing permit from

the Secretary. Minerals processing permit shall be for a

period of five (5) years renewable for like periods but not

to exceed a total term of twenty-five (25) years. In the

case

of

mineral ores or minerals produced by the

small-scale miners, the processing thereof as well as the

licensing of their custom mills, or processing plants shall

continue to be governed by the provisions of Republic

Act No. 7076 .

Section 56

Eligibility of Foreign-owned/-controlled Corporation

A foreign-owned/-controlled corporation may be granted

a mineral processing permit.

© 2018 Compiled by RGL

46 of 244