DENR Administrative Order No. 2010-21 Revised Implementing Rules and Regulations of R.A. 7942, otherwise known as the Philippine Mining Act of 1995.
Country
Type of law
Regulation
Abstract
These Rules and Regulations are enacted in accordance with the Philippine Mining Act of 1995. The Rules and Regulations, consisting of 276 sections divided into thirty Chapters, are promulgated toward the attainment of the following objectives: a. To promote the rational exploration, development, utilization and conservation of mineral resources under the full control and supervision of the State; b. To enhance the contribution of mineral resources to economic recovery and national development, with due regard to the protection of the environment and the affected communities, as well as the development of local science and technical resources; c. To encourage investments in exploration and commercial mining activities to assure a steady supply of minerals and metals for material needs of both present and future society and to generate wealth in terms of taxes, employment generation, foreign exchange earnings and regional development; d. To promote equitable access to economically efficient development and fair sharing of benefits and costs derived from the exploration, development and utilization of mineral resources; and e. To enable the Government and the investor to recover their share in the production, utilization and processing of minerals to attain sustainable development with due regard to the environment, social equity and fair return of investment.
All mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines are owned by the State. It shall be the responsibility of the State to promote their rational exploration, development, utilization and conservation through the combined efforts of the Government and private sector in order to enhance national growth in a way that effectively safeguards the environment and protects the rights of affected communities. The Department of Environment and Natural Resources is the primary Government agency responsible for the conservation, management, development and proper use of the State's mineral resources including those in reservations, watershed areas and lands of the public domain. The Department shall have the following authority, among others: a. To promulgate rules and regulations as may be necessary to implement the intent and provisions of the Act; b. To enter into Mineral Agreements on behalf of the Government or recommend FTAA to the President upon endorsement of the Director; c. To enforce applicable related laws such as Administrative Code, Civil Code, etc.; and d. To exercise such other authority vested by the Act and as provided for in these implementing rules and regulations.
The Rules and Regulations further make pèrovisions for: exploration permit, mineral agreements, financial or technical assistance agreement, quarry operations, small-scale mining, surface rights, mineral processing permit, transport of minerals/mineral products and confiscation, seizure and disposition of illegally-sourced minerals/mineral products, accreditation of processors, traders, dealers and retailers in the trading of minerals/mineral products and by-products, development of mining communities, sciences and mining technology, environmental impact assessment, contingent liability and rehabilitation fund, etc.
All mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines are owned by the State. It shall be the responsibility of the State to promote their rational exploration, development, utilization and conservation through the combined efforts of the Government and private sector in order to enhance national growth in a way that effectively safeguards the environment and protects the rights of affected communities. The Department of Environment and Natural Resources is the primary Government agency responsible for the conservation, management, development and proper use of the State's mineral resources including those in reservations, watershed areas and lands of the public domain. The Department shall have the following authority, among others: a. To promulgate rules and regulations as may be necessary to implement the intent and provisions of the Act; b. To enter into Mineral Agreements on behalf of the Government or recommend FTAA to the President upon endorsement of the Director; c. To enforce applicable related laws such as Administrative Code, Civil Code, etc.; and d. To exercise such other authority vested by the Act and as provided for in these implementing rules and regulations.
The Rules and Regulations further make pèrovisions for: exploration permit, mineral agreements, financial or technical assistance agreement, quarry operations, small-scale mining, surface rights, mineral processing permit, transport of minerals/mineral products and confiscation, seizure and disposition of illegally-sourced minerals/mineral products, accreditation of processors, traders, dealers and retailers in the trading of minerals/mineral products and by-products, development of mining communities, sciences and mining technology, environmental impact assessment, contingent liability and rehabilitation fund, etc.
Attached files
Date of text
Notes
Department Administrative Order No. 95-23 and all orders, rules and regulations inconsistent with or contrary to the provisions of these implementing rules and regulations are hereby repealed or modified accordingly.
Repealed
No
Source language
English
Legislation Amendment
No