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EO 79 5.

Establishment of Mineral
1. Areas NOT open to mining: Reservations
a) Those under Sec. 19 of RA 7942 - Potential and future mining areas with
b) Protected under NIPAS known strategic mineral
c) Prime agricultural lands, like reserves and resources = declared
plantations and areas with as Mineral Reservations for
valuable crops and strategic development of strategic industries
agriculture and fisheries - With proper consultation with all
development zones and fish concerned stakeholders (residents,
refuge and sanctuaries LGUs, business sector, NGOs, etc.)
d) Tourism development areas - Previous agreements/contracts NOT
e) Other critical areas, island prejudiced
ecosystems, and impact areas of
mining 6. Grant of mining rights and tenements over
areas with known and verified
- Contracts before the EO shall remain mineral resources and reserves
valid and binding as long as compliant - COMPETETIVE PUBLIC BIDDING
with the rules - Mines and Geosciences Bureau
- Periodical monitoring to prepare necessary competitive bid
packages and formulate the proper
2. DENR and LGUs are in charge of full guidelines and procedures + ensure
and strict compliance with the law social acceptability of project

3. DENR to conduct review of existing 7. Valuable metals in abandoned ores and


mining operations mine wastes from defunct mining
- Ensure compliance with envi operations belong to State; automatically
standards, laws, rules and regulations goes to State upon expiration of mining
toward sustainable development contracts
- Guidelines based on law, including - State assumes responsibility over the
Mining Act and Labor Code, and structures and facilities, but mining
specific mining contract contractors who caused harm or
- Action taken against violators based damage may still be held accountable
on findings and recommendations of
review 8. DENR + NEDA + DTI  to come up with
road map in line with national
4. Grant of Mineral Agreements pending new development plan
legislation
- No new mineral agreements to 9. Mining Industry Coordinating
be entered into until there’s a Council (MICC)
new law for revenue sharing - Co-chaired by chairpersons from the
schemes and mechanisms Climate Change Adaptation and
- DENR can still grant exploration Economic Development cabinet
permits clusters
o right of first option to develop - With (1) DOJ Secretary, (2) Chair of
and utilize the minerals in NCIP1, and (3) President of ULAP2
their respective exploration
area upon the approval of 10. Powers and functions of the MICC
the declaration of mining 1. Submit a work plan for
project feasibility and the implementation of the Order
effectivity of the said 2. Ensure continuing dialogue and
legislation. coordination among all
- DENR shall undertake a review of stakeholders
existing mining contracts and 3. Conduct and facilitate necessary
agreements for possible capacity and institutional building
renegotiation of the terms and programs for all concerned
conditions of the same, which shall in agencies and instrumentalities
all cases be mutually acceptable to the
government and the mining
contractor. 1 National Commission on Indigenous Peoples
2
Union of Local Authorities of the Philippines
4. Conduct an assessment and - MPSAs, FTAAs, JVAs, and CPAs must
review of all mining-related laws, be approved by concerned IPS and
rules, regulations, issuances, and accepted by affected communities
agreements to improve allocation
of revenues and risk between gov 15. Transparency and accountability 
and mining sector, enhance Extractive Industries Transparency
coordination between Initiative (EITI)
government and LGUs, and - DENR mandated to ensure that
properly regulate small-scale mechanisms are established to
mining participants for operationalize the EITI in the mining
environmental and social sector with all stakeholders being
obligations consulted
5. Task Force against Illegal Mining - Publicly-accessible, comprehensive,
(as may be directed by President) and complete CENTRALIZED
6. Oversight Committee over DATABASE FOR MINING
operations of Provincial/City INDUSTRY
Mining Reg. Boards
7. Request assistance from gov 16. Integrated Map System  to include
agencies or instrumentalities for mining-related maps
implementation - Including mining tenement maps,
8. Submit periodic reports to geo-hazard and multi-hazard maps,
President ancestral lands and domains, and
protected areas under the NIPAS,
11. Small-scale mining activities  shall among others
comply with People’s Small Scale Mining - Areas closed to mining
Act and Environmental Impact Statement operations shall be clearly
System defined and delineated under the
1. SSM shall be undertaken only integrated map system.
within the declared People’s
Small-Scale Mining Areas 17. Programmatic Environmental Impact
or Minahang Bayan; Assessment (PEIA)  DENR and EMB to
2. SSM shall not be applicable for study adoption of such
metallic minerals except gold,
silver, and chromite 18. Funding  All government agencies
3. The use of mercury shall be involved in the implementation of this
strictly prohibited; Order are authorized to allocate from
4. Technical assistance for SSM their existing funds such amounts as
cooperatives and associations may be necessary for the budgetary
shall be conducted for training requirements that may be needed to
and capacity building pursue the objectives of this Order, subject
to the usual government accounting and
12. LGUs shall confine themselves only to the auditing rules and regulations.
imposition of reasonable limitations on
mining activities conducted within their
respective territorial jurisdictions that are
consistent with national laws and
regulations.

13. LGUs, DENR, and the MGB together to


strictly implement SSM  ensure the
protection of the environment, address
various issues in small-scale mining, and
ensure that violators thereof are subjected
to appropriate administrative and criminal
liability.

14. DENR to establish inter-agency one-


stop shop for all mining-related
applications and processes

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