A new set of Clarificatory Guidelines on the Industrial Sand and Gravel Permit was issued on April 10, 2019 after the conduct of the 2019 National Workshop and Conference on the Proposed Revision of the Department of Environment and Natural Resources Administrative Order No. 2010-21 and other Related Matters from April 1-6, 2019 held at the Greenhills Elan Hotel Modern in Greenhills, San Juan City.
The said Conference was attended by all the Regional Division Chiefs of the Mine Management Division, Mine Safety, Environment and Social Development Division and respective Regional lawyers of the Mines and Geosciences Bureau.
The New Set of Clarificatory Guidelines for ISAG is embodied under MGB MEMORANDUM CIRCULAR NO. 2019-001 issued on April 10, 2019.
SUBJECT: CLARIFICATORY GUIDELINES ON THE INDUSTRIAL SAND AND GRAVEL PERMIT
Pursuant to Section 9 of Republic Act (RA) No. 7942, The Philippine Mining Act of 1995; Section 8 of Department of Environment and Natural Resources Administrative Order (DAO) No. 2010-21, the Revised Implementing Rules and Regulations of RA No. 7942; and Executive Order No. 292, otherwise known as the Administrative Code of 1987, pertaining to the power of the Director of a line Bureau to promulgate rules and regulations necessary to carry out bureau objectives, policies and functions on the coverage of Industrial Sand and Gravel Permits (ISGP) and transport of sand and gravel materials therefrom are hereby issued.
SECTION 1. COVERAGE
This shall cover existing and new/pending applications for ISGP
SECTION 2. MINERAL PROCESSING FACILITIES OUTSIDE OF EXTRACTION AREA
Existing ISGP with mineral processing facilities located outside of the extraction area shall be allowed which shall form part of the Permit Area as parcel 2: Provided, that the combined area shall not exceed the allowable maximum area of twenty (20) hectares pursuant to Section 72.b of DAO No. 2010-21.
SECTION 3. TRANSPORT OF EXTRACTED SAND AND GRAVEL
A Dispatched Receipt of (ANNEX A) shall be required for the transport of the sand and gravel materials beyond the one (1) kilometer distance from the extraction area to the mineral processing facility. Mineral Processing Facilities that are located within 1 km distance from the extraction area shall be exempted from issuance of Dispatch Receipt.
For commercial disposition of sand and gravel materials, Delivery Receipt (DR) shall be required in accordance with Section 117 of DAO No. 2010-21, DAO No. 2008-20, DENR Memorandum Order (DMO) No. 2008-04, DMO No. 2009-01, and DMO No. 2019-07.
SECTION 4. REQUIREMENTS
- For existing permits:
- Revised location map/sketch plan of the proposed permit area showing the location of the extraction area, mineral processing facility and designated transport route;
- ECC covering the processing facility; and
- Consent of or Lease Agreement with landowners
- For new/pending applications, the requirements under Item a above shall be complied with in addition to Section 74 of DAO No. 2010-21.
SECTION 5. TRANSITORY PROVISION
The Regional Office concerned shall notify all existing ISGP holders and applicants to comply with the provisions of this Circular within thirty (30) days from receipt of the notice.
The Provincial/City Mining Regulatory Board concerned shall issue its own Clarificatory guidelines on ISGP for processing facilities outside the permit area.
SECTION 6. EFFECTIVITY
This Memorandum Circular takes effect immediately and shall remain in force in effect unless revoked/repealed in writing by this Office.