Procedural Guidelines in the Filing and Processing of Applications for Exploration Permit Pursuant to Executive Order No. 79

February 21, 2013

DENR ADMINISTRATIVE ORDER NO. 011-13

 

WHEREAS, Chapter IV of Republic Act (RA) No. 7942, the Philippine Mining Act of 1995, provides for the grant of an Exploration Permit (EP) to a Qualified Person for the conduct of mineral exploration activities in specified areas;

WHEREAS, Executive Order (EO) No. 79 provides, among others, that the Department of Environment and Natural Resources (DENR) may continue to grant EPs under existing laws, rules and guidelines and establish an inter-agency one-stop shop for all mining-related applications; TDEASC

WHEREAS, EO No. 79 further provides for areas closed to mining applications and, therefore, it is necessary to ensure that mining applications do not encroach on such no-go zones for mining;

WHEREFORE, the foregoing premises considered, the following procedural guidelines in the processing of EP applications are hereby promulgated for the guidance and compliance of all concerned:

SECTION 1. Filing and Acceptance of an EP Application. —

An EP application, together with the complete mandatory acceptance requirements prescribed in Section 19 of DENR Administrative Order (DAO) No. 2010-21, the Implementing Rules and Regulations of RA No. 7942, and other applicable rules and regulations, shall be filed in the Mines and Geosciences Bureau (MGB) Central Office (CO).

After ensuring that the EP application does not encroach on areas closed to mining and upon verification of the mandatory acceptance requirements, the MGB CO shall issue the Order of Payment to the EP applicant concerned to pay the required filing and processing fee.

An EP application encroaching on areas closed to mining and/or with incomplete mandatory acceptance requirements shall be automatically denied.

SECTION 2. Evaluation of EP Applications. —

Upon payment of the filing and processing fee by the EP applicant, MGB CO shall forward the EP application and all pertinent documents to the MGB Regional Office concerned for evaluation through the Mining One-Stop Shop, pursuant to EO No. 79. Such evaluation shall be guided by the pertinent provisions of DAO No. 2010-21, EO No. 79 and related guidelines, with emphasis on the timelines set for the completion of processing of the said application.

SECTION 3. Exploration Under an FTAA. —

The filing of application for exploration under the Financial or Technical Assistance Agreement (FTAA) shall follow the same procedures prescribed herein.

SECTION 4. Repealing Clause. —

All Orders and Circulars or parts thereof inconsistent with or contrary to the provisions of this Order are hereby repealed, amended or modified accordingly. HSEcTC

SECTION 5. Effectivity. —

This Order shall take effect after fifteen days (15) following the completion of its publication in a newspaper of general circulation and fifteen (15) days after registration with the Office of the National Administrative Register.

Recommended by:

(SGD.) LEO L. JASARENOActing Director Mines and Geosciences Bureau

Approved by:

(SGD.) RAMON J.P. PAJESecretary

Published in The Philippine Daily Inquirer on February 22, 2013.

Acknowledgement: ONAR, U.P. Law Center on February 21, 2013.