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(NAR) VOL. 19 NO. 3 / JULY - SEPTEMBER 2008
[ DENR MEMORANDUM ORDER NO. 2007-06, June 19, 2007 ]
GUIDELINES FOR THE ESTABLISHMENT OF MINERAL RESERVATIONS
Pursuant to the provisions of Chapter II, Section 5 of Republic Act No. 7942, otherwise known as the Philippine Mining Act of 1995, and Chapter III, Section 9 of Department Administrative Order (DAO) No. 96-40, as amended, its Implementing Rules and Regulations, pertaining to the establishment of mineral reservations, the following guidelines are hereby promulgated for the guidance of all concerned:
A. Basic Policy
It is the policy of the State to promote the rational exploration, development, utilization and conservation of all mineral resources in the country in a manner that effectively safeguards the environment and protects the rights of affected communities. Toward this end and when the national interest so requires, mineral reservations may be established.
It is also recognized that the establishment of mineral reservations shall enhance land use for mining and make more lands available for mineral resources development, in line with the Government's program to revitalize the minerals industry. The Mines and Geosciences Bureau (MGB), the primary agency under the Department having direct charge in the administration and disposition of mineral lands, shall endeavor to identify and recommend areas appropriate to be declared as mineral reservations.
B. Scope
This Memorandum Order shall cover all areas targeted for the establishment of mineral reservations, especially the highly prospective areas, pursuant to the approved Work and Financial Plan of the Department.
C. Geological Assessment
The MGB shall conduct an environmental resource mapping in areas identified as possible mineral reservations to arrive at a holistic assessment of land capability, and compatibility.
E. Conduct of Public Hearing
After conducting the foregoing activities and arriving at a favorable finding, the MGB Director shall submit his formal recommendation to the Department Secretary on the establishment of the mineral reservation/s. This formal recommendation shall state the ?rounds for the establishment of the mineral reservation and the activities undertaken leading to the said recommendation. Upon clearance by the Department Secretary, the MGB Director shall cause the publication of the same formal recommendation in a newspaper of general circulation. Thereafter, the Department Secretary shall indorse the proposed mineral reservation areas to the Office of the President, for consideration.
G. Mining Operations in Mineral Reservations
Mining operations in mineral reservations shall be undertaken by the Department or through a Qualified Person under any of the appropriate mining tenements pursuant to the pertinent provisions of DAO No. 96-40, as amended.
H. Submission of Progress Reports
The MGB shall regularly submit progress reports to the Department Secretary in all stages of the process to establish a mineral reservation.
I. Acceptance of New Applications and Approval of All Pending Applications for Mining Contracts and Permits
The conduct of all activities necessary for the establishment of a mineral reservation Provided herein shall not hinder the acceptance of new applications and approval of mining contracts and permits in the areas involved: Provided, That such mining contracts permits shall comply with the pertinent requirements should the areas involved be eventually declared as a mineral reservation.
J. Repealing Clause
All memorandum orders, circulars and special orders inconsistent with or contrary to Provisions of this Memorandum Order are hereby repealed or modified accordingly.
K. Effectivity
This Memorandum Order shall take effect immediately.
Adopted: 19 June 2007
(SGD.) ANGELO T. REYES
Secretary
A. Basic Policy
It is the policy of the State to promote the rational exploration, development, utilization and conservation of all mineral resources in the country in a manner that effectively safeguards the environment and protects the rights of affected communities. Toward this end and when the national interest so requires, mineral reservations may be established.
It is also recognized that the establishment of mineral reservations shall enhance land use for mining and make more lands available for mineral resources development, in line with the Government's program to revitalize the minerals industry. The Mines and Geosciences Bureau (MGB), the primary agency under the Department having direct charge in the administration and disposition of mineral lands, shall endeavor to identify and recommend areas appropriate to be declared as mineral reservations.
B. Scope
This Memorandum Order shall cover all areas targeted for the establishment of mineral reservations, especially the highly prospective areas, pursuant to the approved Work and Financial Plan of the Department.
C. Geological Assessment
- The MGB shall conduct regional mapping and reconnaissance surveys to identify and assess the mineral potential of possible mineral reservation areas.
- Semi-detailed surveys shall be conducted by the MGB as follow-up activities in areas identified and assessed as possible mineral reservations areas.
The MGB shall conduct an environmental resource mapping in areas identified as possible mineral reservations to arrive at a holistic assessment of land capability, and compatibility.
E. Conduct of Public Hearing
- Director of MGB or his duly designated representative shall conduct public hearings to allow all concerned sectors, such as the communities, interested Nongovernmental to d People's Organizations, as well as Local Government Units, to air their views regarding the establishment of mineral reservation/s.
- The public shall be notified about the conduct of public hearings, by publication in a newspaper of general circulation in the province concerned, as well as by posting in all affected municipalities and barangays, at least thirty (30) days before said hearings are conducted.
- The proceedings of the public hearing shall be made part of the documents to be endorsed to the Department Secretary for consideration, in connection with the proposed mineral reservation areas.
After conducting the foregoing activities and arriving at a favorable finding, the MGB Director shall submit his formal recommendation to the Department Secretary on the establishment of the mineral reservation/s. This formal recommendation shall state the ?rounds for the establishment of the mineral reservation and the activities undertaken leading to the said recommendation. Upon clearance by the Department Secretary, the MGB Director shall cause the publication of the same formal recommendation in a newspaper of general circulation. Thereafter, the Department Secretary shall indorse the proposed mineral reservation areas to the Office of the President, for consideration.
G. Mining Operations in Mineral Reservations
Mining operations in mineral reservations shall be undertaken by the Department or through a Qualified Person under any of the appropriate mining tenements pursuant to the pertinent provisions of DAO No. 96-40, as amended.
H. Submission of Progress Reports
The MGB shall regularly submit progress reports to the Department Secretary in all stages of the process to establish a mineral reservation.
I. Acceptance of New Applications and Approval of All Pending Applications for Mining Contracts and Permits
The conduct of all activities necessary for the establishment of a mineral reservation Provided herein shall not hinder the acceptance of new applications and approval of mining contracts and permits in the areas involved: Provided, That such mining contracts permits shall comply with the pertinent requirements should the areas involved be eventually declared as a mineral reservation.
J. Repealing Clause
All memorandum orders, circulars and special orders inconsistent with or contrary to Provisions of this Memorandum Order are hereby repealed or modified accordingly.
K. Effectivity
This Memorandum Order shall take effect immediately.
Adopted: 19 June 2007
Secretary