153 - "Authorizing The Utilization of
153 - "Authorizing The Utilization of
153 - "Authorizing The Utilization of
No. 2000-25
March 09, 2000
SECTION I. Rationale
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Section 2. Definition of Terms
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g. "Environmental Impact Assessment (EIA)" refers to the
process of predicting the likely environmental consequences of
implementing projects or undertakings and designing the
appropriate preventive, mitigating and enhancement measures.
h. “Environmental Protection and Enhancement Program
(EPEP)" refers to the comprehensive and strategic environmental
management plan for the life of the offshore mining project on which
the EPEP's are based and implemented to achieve the
environmental objectives, criteria and commitments including
protection and rehabilitation of the disturbed environment.
i. "Environmental User's Fee" refers to the fee to be collected
from any Contractor or Permittee/Permit Holder who makes use of
the nearshore/offshore areas or its tributary rivers and streams for
the purpose of seabed quarrying/dredging operations.
j. "Environmental Work Program (EnWP)" refers to the
comprehensive and strategic Coastal and Offshore environmental
management plan to achieve the environmental objectives, criteria
and commitments including protection and rehabilitation of the
disturbed environment during the exploration period.
k. "Exploration Work Program (ExWP)" refers to the detailed
outline of activities and financial plan to be followed in searching or
prospecting for marine mineral resources by geophysical,
geological, drilling and other means for the purposes of determining
their existence, extent, quality and quantity and the feasibility of
mining them for profit.
l. "Government Reclamation Projects" refer to reclamation of
areas under water whether foreshore, offshore or inland being or to
be undertaken by the National Government by and through the
Public Estates Authority (PEA) or by any person or entity
authorized by the latter under a proper contract including
reclamation projects of any government units or agencies or
corporations authorized to reclaim under existing laws. All these
reclamation projects are undertaken with the approval of the
President of the Philippines and in consultation with PEA pursuant
to P.D. 3-A and E.O. 525.
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m. "Government Seabed Quarry Permit" refers to permit issued
by the Secretary, upon the recommendation of the Director, to a
Qualified Person or Government Agency/Instrumentality, to utilize
the areas not covered by approved mining permits/contracts,
including areas covered by pending mining rights applications, In
connection with Government Reclamation Projects and for other
purposes.
n. "Law of Seas" refers to the International covenant approved by
UNCLOS in 1982 that establishes the comprehensive framework
for the regulation of all ocean spaces and contains provisions
governing the limits of national jurisdiction over ocean spaces,
access to the seas, navigation, protection and preservation of
marine environment, and exploitation of its living and non-living
resources, scientific research and seabed mining.
o. "Marine Habitat" refers to the natural breeding, spawning and
feeding places of marine organisms that are ecologically important
for their preservation and propagation such as fish sanctuary, refuge
and protected areas.
p. "Mineral Reservations" refer to areas established and
proclaimed as such by the President upon recommendation of the
Director through the Secretary, including all submerged lands
within the Philippine Territory and Exclusive Economic Zone.
q. "Mineral Resources" mean any concentration of ores, minerals
and/rocks with proven or potential economic value.
r. "Mining Operations" mean mining activities involving exploration,
feasibility study, development and utilization of mineral resources.
s. "NIPAS Act (R.A. 7586)" refers to Republic Act No. 7586 of
1992, an Act providing for the establishment and management of
the National Integrated Protected Areas System.
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PEA approved guidelines, and is an awardee of a government
reclamation project.
All other terms which are not defined herein, shall have the
same meaning as those in Sec. 5 of DENR-DA 0 96-40.
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All Government Reclamation Projects shall be approved by the
President of the Philippines upon recommendation by the PEA. PEA
shall also be responsible for the identification of Borrow Areas as
sources of Dredgefill Materials for all Government Reclamation
Projects, subject to verification by DENR with respect to environmental
concerns.
The Government thru the DENR, NRDC and PEA, has the right to
utilize offshore areas not covered by approved mining permits/contracts,
including areas covered by pending mining applications, as borrow
areas for dredgefill materials for existing and future Government
Reclamation Projects.
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SECTION 7: Authority to Utilize Areas Not covered by
Approved Mining Permits/Contracts as
Borrow Areas for Government Projects Other
than Government Reclamation Projects
a. Less than 1,500 meters (m) distance from the nearest coastline
(mean low tide level) of land or island(s) and where the seabed
depth is less than 30 m measured at mean sea level;
e. Less than 1,000 m distance from coral reefs, shoals and banks with
endangered Marine Habitat as delineated by PAWB-DENR; and,
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capability, and a certificate of environmental and community track
records, if applicable.
The term of an SEP shall be for a period of two (2) years from
date of issuance thereof, renewable for like period: Provided, That no
renewal of Permit shall be allowed unless the Permittee has complied
with all the terms and conditions of the Permit and has not been found
guilty of violation of any provision of the Mining Act and these
implementing rules and regulations
Any Qualified Person may apply for an SEP with the Bureau,
through payment of the required fees and submission of five (5) sets of
the following mandatory requirements:
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d. Environmental Work Program (EnWP) (MGB Form No. 16-1 or
16-lA) as provided for in Section 168 of DAO 96-40,
k. An Agreement to:
• Notify the Bureau thirty (30) calendar days prior to the intention
to remove all scientific installations or equipment and apparatus;
and
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The applicant of an SEP/GSQP in connection with a
Government Reclamation Project, shall secure area clearances for the
proposed borrow sites from the following agencies:
Within fifteen (15) working days from the receipt of the SEP
Application, the Bureau shall check in the control maps if the area is
free/open for seabed quarrying applications. The Bureau shall also
transmit a copy of the location map/sketch plan of the applied area to
the pertinent Department sector(s) affected by the application for area
status, copy furnished the concerned municipality(ies)/city(ies) and other
relevant offices or agencies of the government for their information.
Upon notification of the applicant by the Bureau as to the transmittal of
said document to the concerned Department sector(s) and/or
Government agency(ies), it shall be the responsibility of the same
applicant to secure the necessary area status/consent/clearance from
said Department sector(s) and/or Government agency(ies). The
concerned Department sector(s)/government agency(ies) must submit
the status/consent/clearance on the proposed borrow area within thirty
(30) working days from receipt of the notice: Provided, that the
concerned Department sector(s)/government agency(ies) can not
unreasonably deny area clearance/consent without legal and/or technical
basis. Any denial on Area clearance by the concerned Department
sector(s)/government agency(ies) shall be appealable to the DENR
Secretary/Office of the President.
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If the proposed Permit Area is open for Seabed Quarrying
applications, the Bureau shall give written notice to the applicant to
pay the corresponding Bureau clearance fee: Provided: That if a
portion of the area applied for is not open for quarrying/mining
applications, the Bureau shall, within fifteen (15) working days from
receipt of said written notice, exclude the same from the coverage of the
SEP application.
The Bureau shall cause the posting for one (1) week of the
Notice on the bulletin boards of the Bureau and concerned Regional
Office(s).
Within fifteen (15) calendar days from the last date of posting
the authorized officer(s) of the concerned office(s) shall issue a
certification(s) that the posting have been complied. Any adverse claim,
protest or opposition shall be filed directly, within fifteen (15) calendar
days from the last date of posting with the Bureau for purposes of its
resolution by the Panel of Arbitrators pursuant to the provisions of the
Act and these implementing rules and regulations. Upon final resolution
of any adverse claim, protest or opposition, the Panel of Arbitrators
shall issue a Certification to that effect within five (5) working days from
the date of finality of resolution thereof. Where no adverse claim,
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protest or opposition is filed after the lapse of the period for filing the
adverse claim, protest or opposition, the Panel of Arbitrators shall
likewise issue a Certification to that effect within five (5) working days
therefrom.
b. The Permit shall be for the exclusive use and benefit of the
Permittee or its duly authorized representative and, shall under no
circumstances, be used by the Permittee for purposes other than
exploration.
c. The term of the SEP shall be for a period of two (2) years from
date of issuance and registration thereof, renewable for a like
period. Renewal of the permit shall cause the relinquishment of at
least fifty percent (50%) of the permit area.
f. The Permittee shall submit to the Bureau within thirty (30) calendar
days after the end of each semester a status report under oath on its
compliance with ExWP implementation and expenditures showing
discrepancies/deviations including the results of the survey,
laboratory reports, geological reports/maps subject to semiannual
inspection and verification by the Bureau at the expense of the
Applicant: Provided, That any negative deviation of at least twenty
percent (20%) in the Work Program and corresponding
expenditures shall be subject to approval of the Director.
g. The Permittee shall submit to the Bureau within thirty (30) calendar
days from the end of six (6) months after the approval of the EnWP
and every six (6) months thereafter a status report on its compliance
with the said EnWP;
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and will ensure accommodation of other marine activities, such as,
fishing, aquaculture, transportation, etc,;
ii. In the event that the PEA or its Project Contractor/Awardee has
undertaken the necessary exploration to the effect that there are
sufficient data for the identification and delineation of potential
borrow areas as validated by the DENR-MGB, PEA or its Project
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Contractor/Awardee shall be exempted from securing an SEP and
instead secure a GSQP.
c. The Permit shall be for the exclusive use and benefit of the Permitee
and shall not be transferred or assigned without prior written
approval of the Director;
d. The Permit Holder shall assume full responsibility and be liable for
damages to private and/or public property(ies) that may be
occasioned by its operations under the Permit;
h. The Permit Holder shall not discriminate on the basis of the gender
and that the Permit Holder shall respect the right of women workers
to participate in policy and decision-making processes affecting
their rights and benefits;
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j. The Permit Holder shall not interfere with the rights of other Permit
Holders/ Operators/Contractors/Awardees.
k. The Permit Holder shall recognize and respect the rights, customs
and traditions of local communities, particularly Indigenous Cultural
Communities;
a. Failure to comply with the terms and conditions of the Permit and/or
ECC/EPEP/SHP;
b. Failure to pay fees, royalties and taxes due the government for two
(2) consecutive years without valid ground;
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Save in cases provided by law, taxes and royalties shall be
collected from the Permittees/Permit Holders and/or
Contractors/Subcontractors.
Borrow areas which are utilized for any existing and proposed
reclamation projects of PEA shall be within the jurisdiction of PEA.
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North Cebu Reclamation - Malapascua Borrow Area
APPROVED By:
Published at:
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MALAYA April 14, 2000
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