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PHILIPPINE MINING ACT

Government Management
Mineral Reservations established by
the President; mining operations may
be undertaken by the DENR or
through a contractor.
Other Reservations mining in
reserved lands other than mineral
reservations may be undertaken by
DENR or through a qualified person;
awarded by the President
Areas Open to Mining
Subject to existing rights
Mineral resources in public or private
lands including timber or forestlands
shall be open to mining permit
applications
Areas Closed to Mining
Military & other government reservations
except upon prior written clearance from
government agency concerned
Built up areas, including plantations or
valuable crops except upon written consent
of govt agency or private entity concerned
Areas covered by valid and existing mining
rights
Areas closed to Mining
Areas prohibited by law
Areas covered by small scale miners
unless with prior consent of SSMs
Old growth or virgin forests,
proclaimed watershed forest
reserves, mangrove forests, mossy
forests, national parks under NIPAS
Small Scale Mining
Governed by RA 7076 (small Scale
Mining Act)
Managed through the P/CMRB
Maximum 20 hectares
Includes Quarry Permits, permits for
sand and gravel, guano, gemstone
gathering; government gratuitous
permit; private gratuitous permit
Transport, Sale & Processing of
Minerals
Ore Transport Permit specifies
origin & quantity
Mineral Trading Registration
registered by DTI and accredited by
DENR
Minerals Processing Permit
Auxiliary Mining Rights
Timber rights subject to forestry
laws, rules and regulations
Water rights approval by concerned
agency
Right to possess explosives
Easement rights
Entry into private lands and
concession areas
Settlement of Conflicts
Regional Panel of Arbitrators two
members of the Philippine Bar and
one licensed mining engineer or
professional in a related field.
Mines Adjudication Board DENR
Secretary as Chair, USEC for Field
Operations & MGB Director as
members
Taxes and Fees
Income taxes
Excise tax on mineral products 2%
Mine wastes and tailings fees semi-
annual 0.05 / MT; 0.10/ MT
Occupation fees EP = P10 /ha;
MPSA = P100/ha; 30% to the
province and 70% to the municiplaity

Grounds for Cancellation
Late or Non-filing of requirements
Violation of the terms and conditions
of Permits or Agreements
Non-payment of taxes and fees
Falsehood or omission of facts in the
Statement
Penal Provisions
False statements P10,000
Illegal Exploration P50,000
Theft of Minerals 6 months to 6
years imprisonment and/or fine of
P10,000 to P20,000
Destruction of mine structures
imprisonment not to exceed 5 years
plus compensation for damages

Penal Provisions
Mines arson revised Penal Code
plus compensation for damages
Wilfull damage to a mine
imprisonment not to exceed 5 years
and compensation for damages
Illegal obstruction to permittees or
contractors P5,000 or imprisonment
not exceeding 1 year or both

Penal Provisions
Violation of the terms and conditions
of the ECC 6 months to 6 years
imprisonemtn or a fine of P50,000 to
P200,000 or both at the discretion of
the court
Illegal obstruction to (DENR)
government officials P5,000 fine or
imprisonment not exceeding 1 year or
both

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