1. What Law is the basis for the application of dredging permit/clearance?
2. Under the JMC 2019-01 is the permittee/contractor to conduct dredging operations
specified in the scope may include what government agency and except what?
3. Under the JMC 2019-01 is it applicable to personal use and flood control projects?
4. Who shall supervise river dredging activities in river and river/delta as per MICC resolution
no. 4?
5. In dredging activities who shall be given MPP for the processing and disposition of dredged
materials?
6. Do you need clearance in the construction of structures along waterways?
7. In the restoration of river courses to former beds do you need clearance from the DPWH?
8. As per JMC 2019-01 what is the buffer zone?
9. What is dredging under JMC 2019-01?
10. Dredging Clearance vs Dredging Permit?
11. Who issues dredging clearance or dredging permit?
12. What is a delta?
13. What is a spoil site under JMC 2019-01?
14. Can LGUs apply for dredging clearance or dredging permit?
15. Can the DPWH commercialy utilized the dredged materials?
16. What dredging permit/clearance can the dpwh apply for and for only what purpose?
17. What is the first step if you want to apply a dredging clearance/permit?
18. Where to file application for dredging clearance?
19. Role of DENR in Dredging Permit and Clearance?
20. Does Flood Control Projects Dredging have commercial disposition?
21. River Restoration thru Dredging Activities is spearheaded by what Agency and in
coordination with what?
22. In the planning stage do you need to determine the minimum number of equipment to be
deployed?
23. Must the dredging clearance proponent a qualified person?
24. Qualified person as per JMC 2019-01
25. Do the applicant need to submit list of equipment and financial and technical capability
proof?
26. Must the dredging area be bounded and confined by boundary markers?
27. Are there taxes in dredging?
28. Must the dredging operation NOT reach the buffer zone?
29. In dredging that is within 1 km must they need clearance from appropriate agency before
starting?
30. Are dredging operations compliant to areas close to mining under DAO 2010-21?
31. Are dredging operations subject to the Water Code of the Philippines?
32. Under JMC 2019-01 if the dredging area is found to be rich in minerals what to do?
33. In JMC 2019-01 before dredging activity on site the equipments must be check first by?
34. Where to start dredging operations what part of the river?
35. Grounds for cancellation of Dredging Clearance / Permit?
36. Who shall issue a CDO for Dredging Clearance/ Permit?
37. What is the law for DENR River Restoration Projects?
38. In DENR River Restoration Projects where is RDZ?
39. Is quarry activities banned within RDZ?
40. Who may apply river restoration projects thru dredging?
41. For river restoration projects conducted by the private sectors will they receive funding from
the government?
42. For the financial capacity and technical capacity to all dredging operations including river
restorations who shall determine that capacity?
43. In River Restoration Projects role of MGB?
44. In river restoration projects if mineral presence is feasible what to do?
45. What to file in River restoration Projects and where?
46. As per River Restoration Projects How long is the term?
47. Role of DENR in River Restoration?
48. Does River Restoration thru dredging have extraction limit?
49. For River restoration thru dredging clearance must they enter MOA with DENR?
50. For river restoration thru dredging clearance must they be an accredited traders by the mgb
and thru what?
51. For transportation of dredged materials with commercial utilization what permits to secure?
52. For river restoration projects allowed deviation from work program ?
53. Can LGU issue notice to proceed without MOA with DENR in River restoration Projects?
54. Is black sand mining thru dredging illegal?
55. Is quarrying prohibited in RDZ?
56. Priority for the dredging clearance applicants?
57. Share of the provincial government in dredging clearance besides excise tax?
58. Funding of the government by the private sector?
59. Deployment of equipments for the Dredging?
60. Who issues notice to proceed ?
61. Who determines security cash bond for dredging?
62. first step for LGU interested in applying for the DENR river restoration through dredging
activities?
63. Role Of MGB in dredging clearance only?
64. ECC procedural requirements for Dredging?
65. Who conducts PEIA or SEA?
66. May the provincial government be the proponent for PEIA or SEA?
67. Assessment of the river system affected by dredging?
68. Memorandum of Agreement with DENR composition?
69. Connection between MOA with DENR and Notice to proceed?
70. Inter agency committee?
71. Governing law on dredging in oriental Mindoro?
72. Dao 2020-07
73. Authorizing the Utilization of Offshore Areas Not Covered by Approved Mining Permits and
Contracts as Sources of Dredgefill Materials for Government Reclamation Projects and for
Other Purposes what DAO?
74. DAO 2000-25
75. shall issue the permits, to include those providing for the exploration and utilization of
Borrow Areas covered by Government Reclamation Projects
76. DENR
77. What are borrow areas?
78. refers to an area that had been technically delineated or Identified as source area of
Seabed Quarry Resources
79. What are seabed quarry resources?
80. refer to sand, gravel, boulders and other aggregates or loose materials from the seabed
which may be used without undergoing processing
81. Can the seabed quarry resources delineated can have metals or metallic constituents or non
metallic minerals in workable quantities?
82. No
83. What is seabed quarrying?
84. Process of extracting, removing and/or disposing quarry resources found in offshore areas
85. a permit issued by the __, upon recommendation by the Director to an applicant of a GSQP
who has not conducted any exploration work, what permit and who issues?
86. Special Exploration Permit (SEP) issued by the DENR Secretary
87. the corporate arm of the DENR, is responsible to help promote the development of the
country's natural resources.
88. NRDC – natural resources development corporation
89. Can the NRDC conduct mining operations including seabed quarrying?
90. Yes
91. shall collect the management fees, service fees, environmental user's fees and other fees in
connection with Government Reclamation Projects.
92. DENR or through the NRDC
93. All Government Reclamation Projects shall be undertaken by the
94. PRA or PEA in this case but was later renamed to PRA
95. All Government Reclamation Projects shall be approved by the
96. President upon recommendation of the PRA
97. Who identifies borrow areas as a source for dredgefill materials?
98. PRA
99. refer to suitable materials taken from the seabed which may be used for reclamation
without undergoing processing.
100. Dredgefill materials
101. All Government Reclamation Projects shall be undertaken by
102. PRA or through a proper contract executed by it with any person or entity
103. Who shall verify borrow areas used as dredgefill materials identified by the PRA?
104. DENR
105. shall be responsible for the approval of bids or awards for contracts of work for
Government Reclamation Projects.
106. PRA
107. shall be responsible for the approval of bids or awards for contracts of work for
Government Reclamation Projects.
108. PRA
109. Who shall have the authority to use PRA – identified borrow areas?
110. The winning bidder or Project Contractor/Awardee shall have priority for the use of
PEA-identified borrow areas not covered by approved mining permit/contract including
those offshore areas covered by pending mining application
111. The Government thru the___, 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
112. DENR, NRDC and PEA
113. Surveys, sampling, site selection, dredging, and related operations in borrow areas shall
be subject to monitoring by the
114. DENR
115. If the government wishes to utilize the Borrow areas it must first be subjected to the
verification of the?
116. MGB at the expense of the concerned Government Entity/instrumentality or a
Qualified Project Contractor
117. Areas open to seabed quarrying applications
118. Offshore areas not covered by valid and existing mining rights;
Offshore areas covered by expired/abandoned/cancelled offshore mining and
quarrying rights;
119. Areas close to offshore quarrying?
120. Areas close to mining as per mining law;
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;
Less than 1,000 m distance from the nearest boundary of a declared National
Integrated Protected Area System (NIPAS) component or Protected Area such as
marine park/reserve, fish sanctuary, etc.
Less than 500 n from all sides of production oil rigs and platforms, piers/ports,
navigational sea lanes
Less than 2,000 m distance from both sides of submarine cables, pipelines, bridges and
other facilities/infrastructures, unless written consent is obtained from the
concerned party;
Less than 1,000 m distance from coral reefs, shoals and banks with endangered
Marine Habitat as delineated by PAWB-DENR; and
Exclusion/buffer corridors of 15 seconds of geographic coordinates, approximately
measuring 450 m wide, as reckoned from the boundary/perimeters of valid and
existing Permit/Contract Mining Areas
121. Can areas close to mining be declared by the president?
122. Yes
123. Who issues SEP and to whom?
124. Issued by the secretary upon recommendation of the MGB director to an applicant of
GSQP
125. Requirements for SEP?
126. Survey Plan 1: 50000 Map location, Exploration Work Program Two year duly
prepared, signed and sealed by a licensed Mining Engineer or Geologist;, Environmental
Work Program, Proof of technical and financial capability, Certificate of environment and
community track record
127. SEP term?
128. 2 years renewable for like periods
129. Can you renew permit if you haven’t complied to all the conditions in your previous
permit?
130. No
131. 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:
132. MGB, PRA, BFAR, DOTC, LGU, DOE and other govn agencies if applicable
133. Shall the SEP permittee Conduct a preliminary ecological profiling to establish pre-
quarrying conditions and submit a preliminary environmental examination of the area.?
134. Yes
135. 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
136. GSQP – government seabed quarry permit
137. Who issues GSQP ?
138. DENR secretary upon recommendation of the MGB Director
139. SEP limitations rights?
140. 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.
141. Term of SEP and relinquishment area?
142. 2 years renewable for like periods and renewal with relinquishment of at least 50% of
the area
143. Must the permittee post a Financial Performance Surety of P l million to cover any
accidental damages of property, loss of lives, or destruction of seabed during the conduct of
the exploration work?
144. Yes
145. Must The Permittee shall submit to the Bureau a separate report on the relinquishment
with a detailed geologic report of the relinquished area incorporating therein borehole and
sampling data, seismic data/profiles and geophysical/oceanographic data accompanied by
maps at a scale of 1:50,000, results of analyses and corresponding expenditures, among
others. The minimum exploration expenditures for the remaining area after relinquishment
shall be based on the approved ExWP?
146. Yes
147. 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
148. Exploration Work Program
149. Exploration Work Program acceptable deviance?
150. < - 20 %
151. What happens if it increases beyond acceptable deviance?
152. Shall be subjected to approval of the MGB Director
153. When to submit status report for GSQP/SEP holders?
154. Within 30 days from the end of six months after the approval of the Environmental
Work Program and every six month thereafter on its compliance with EnWP
155. In case of core sample drilling, the Permittee shall, upon request of the Director, submit
to the Bureau a ___samples which shall be deposited in the Core Library for reference and
safekeeping
156. Quarter of the core
157. ___ shall annually review the performance of the Permittee
158. Secretary or his/her duly authorized representative
159. Exploration shall be carried out in accordance with what law?
160. UNCLOS United Nations Convention on the Law of the Sea (UNCLOS)
161. No exploration and/or extraction of minerals shall be undertaken within the areas dosed
to mining/quarrying;?
162. Yes
163. may directly undertake the exploration, identification and delineation of potential
Borrow Areas as sources of dredgefill materials for reclamation projects upon initiative or
request for technical assistance from PRA
164. DENR
165. The PRA and its contractor may undertake the identification of such borrow areas
provided?
166. Initially conduct exploration survey over selected offshore areas under a Special
Exploration Permit (SEP)
167. 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
Contractor/Awardee shall be exempted from securing an __and instead secure a __
168. SEP and GSQP
169. Areas already identified by PEA as Borrow Areas for Government Reclamation Projects
shall be prioritized for utilization in connection with
170. Reclamation Projects
171. Seabed Quarrying may be undertaken by the
172. DENR through its corporate arm, the NRDC, or through a Qualified Person or
Government Entity/Instrumentality
173. Type of seabed quarrying permit - to be issued to any Qualified Government
Entity/Instrumentality or a Qualified Project Contractor/Awardee of a government priority
project for a period co-terminus with the particular project;
174. Government Seabed Quarrying Permit – GSQP
175. Type of seabed quarrying permit - to be issued to any Qualified Person or Government
Entity/Instrumentality for projects that require declogging, clearing, widening and
deepening of flood control waterways, sealanes, ports and harbors as part of maintenance
dredging.
176. Governmenet Dredging Permit – GDP
177. Dredging activities related to government reclamation project are exempted from
securing a
178. Government Dredging Permit
179. Borrow areas shall first be verify by __ before utilization?
180. MGB
181. In the case of Government Reclamation Projects under PEA which is a Government
Entity/Instumentality mandated to administer and coordinate all Government Reclamation
Projects, the Secretary shall issue the GSQP to the
182. winning Bidder or Project Contractor/Awardee of a particular Government
Reclamation Project:
183. Provided, That the said Project Contractor/Awardee satisfies the requisites of a
Qualified Person as defined in
184. DENR Memorandum Order No. 99-10
185. Provided, further, That a Qualified Government Entity/Instrumentality may also be
issued the GSQP in lieu of the
186. Project Contractor/Awardee which falls to meet the requisite of a Qualified Person
187. In the event that a Winning Bidder or Project Contractor/Awardee of a Government
Reclamation Project is deemed not to be a Qualified Person by the DENR what happens?
188. the NRDC shall be issued the GSQP by the Secretary to undertake the Seabed
dredging/quarrying operation for the particular Government Reclamation Project:
Provided, That the NRDC may avail of the services of a Qualified Service Contractor(s) or,
enter into a Memorandum of Agreement (MOA) with other Qualified Government
Entity(ies)/Instrumentality(ies) to undertake the said Seabed dredging/quarrying
operations.
189. The coverage of the GSQP shall specifically be for ___ borrow areas which shall be not
__ and with a term co-terminus with the particular Government Reclamation Project:
190. > 10,000 hectares
191. the borrow areas shall, ipso facto, revert back to the jurisdiction of DENR after the
192. Government Reclamation Project
193. That offshore areas which are not utilized for any existing or proposed reclamation
projects or programs of PEA or the concerned Government Entity/instrumentality shall
remain within the jurisdiction of the
194. DENR
195. Where to apply GSQP?
196. MGB
197. GSQP term?
198. Coterminous with the project
199. GSQP close areas
200. No extraction, removal and/or disposition of materials shall likewise be allowed in
offshore areas within one thousand five hundred (1,500) meters distance from the coast,
and within two hundred (200) meters landward from the mean low tide level along the
beach and wherein the seabed depth is less than 30 meters as measured from the mean
sea level;
201. GSQP - The Permit shall be for the exclusive use and benefit of the Permitee and shall
not be transferred or assigned without
202. Approval from the MGB Director
203. GSQP 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?
204. Yes
205. GSQP The Permit Holder shall post a Financial Performance Surety of P l Million to cover
any accidental damages to property, the loss of lives, or the destruction of the seabed
during the conduct of the dredging operations;?
206. Yes
207. GSQP The Permit Holder shall conduct its operations in accordance with the provisions
of the Mining Act and these implementing rules and regulations?
208. Yes
209. The Permit Holder shall not interfere with the rights of other Permit Holders/
Operators/Contractors/Awardees?
210. Yes
211. The Permit Holder shall immediately stop digging and extracting materials the moment
man-made articles or artifacts are found. It shall notify the Director of the National Museum
of such findings, in which case, the digging shall be under the supervision of the National
Museum until such artifacts are recovered?
212. Yes
213. Monitoring trust fund for all seabed quarrying?
214. 100,000 Php
215. A Permit Holder/Project Contractor/Awardee shall submit an annual Safety and Health
Program covering its area of operations within
216. 15 working days before the start of every calendar year
217. Who shall have the jurisdiction for seabed quarrying monitoring?
218. MGB
219. Provided, further, That the __shall undertake safety and health audit annually or as
often as necessary to assess the effectiveness of the Safety and Health Program.
220. MGB
221. Who can revoke all seabed quarrying permits?
222. DENR Secretary
223. When to revoke seabed quarry permit?
224. Failure to comply with the terms and conditions of the Permit and/or ECC/EPEP/SHP;
Failure to pay fees, royalties and taxes due the government for two (2) consecutive
years without valid ground;
Any misrepresentation in any statement made in the application or those made later
in support thereof
Violation of any provision of the Mining Act and these implementing rules and
regulations
225. Upon cancellation of the Permit, the dredged areas shall be rehabilitated immediately
by the
226. Permit Holder in accordance with his approved EPEP and rehabilitation plan.
227. Does seabed quarrying need SHP, ECC, EPEP, Exploration Work Program and
Environmental Work Program?
228. Yes
229. The DENR or thru NRDC is authorized to collect What fees?
230. Management fees, service fees, environmental fees and other fees from the
permittees/permit holders and/or contractors/subcontractors
231. A basic fee of ___ of seabed dredgefill material quarried/dredged by the
contractor/Permit Holder shall be collected by DENR/NRDC as
Management/Service/Environmental User's Fees.
232. 5 php per cubic meter
233. The fees collected shall be shared among the DENR/NRDC, PEA and the Local
Government Units concerned(S) in the following manner
234. 40% - NRDC , 40% - PRA and20% to LGU concerned
235. Inter-Agency Coordinating Committee Composition
236. composed of two (2) representatives each from the DENR, MGB and PEA
For commercial Disposition for Dredging Can Lgu be the one who apply?
Yes, only DPWH cant
In dredging additional permits are required when
1. DPWH
a. Construction of dams, bridges and other structures in navigable or floatable water
ways;
b. Cultivation of River Beds, Sand Bars and Tidal flats upon clearance from DENR
c. Construction of Private Levees, revetments and other flood control and river training
works
d. Restoration of river courses to former beds
1. Saan ba nag sstart yung river dredging zones ? and ano ba yung deltas ?
a. Sa deltas po ng rivers, nagsstart ang river dredging zones po ayun po sa DENR sir,
geologically speaking po pwede pa po ielaborate yung meaning ng delta pero po sa
memorandum ng denr ang iniimply po dito ng delta is yung sa mouth or dulo ng rivers
kung saan nag memeet ang river at yung dagat po.
2. Sino ba nagdedeclare ng RDZ?
a. Ang nag dedeclare po ng RDZ is si provincial government po based sa masterplan na
gagawin ng DPWH bali po one(1) master plan po per river ang mangyayari
3. Ano ang role ng MGB sa dredging?
a. Determination po ng presence ng metallic and non-metallic minerals para mo
macalculate yung mga fees and taxes appropriate as per mining law po. Pero since
dredging po ang operation natin pede po tayong mag consult sa MGB kasi po need po
talaga ng geological expertise ditto since iibahin natin yung daloy ng river
4. Bawal bang CSAG, ISAG and quarry sa RDZ?
a. Bawal po ang sand and gravel operations sa RDZ, para sa commercial disposition ng
dredge materials magaaply po tayo ng ibang permit tawag po dun is mining permit for
dredging sa MGB
5. May share ba ang government sa commercial disposition ng dredging
a. Yes po pede pong makakuha ang government <10% fees = 30% province, 30% municipal,
40% sa barangay
b. 10%) of fair market value in the locality per cubic meter -section 138 RA 7160
6. Pwede bang kontratahin ng gobyerno yung mga private sectors
a. Pwede po
7. Pag private sector yung magsasagawa ng dredging may funding ba sila?
a. Wala po silang funding sagot nila lahat pag private sector yung magaapply
8. Gaano katagal ang dredging permit?
9. Explain mo yung ecc ng dredging
a. After masagawa yung masterplan per river din po ang ecc bali mag coconduct po ang
EMB in coordination po sa MGB, DPWH, provincial government ng programmatic EIA
and SEA
10. Paano ang checking ng riverchannels -DENR Restoration project
a. Every 2 years assessment ng penro cenro and mgb
11. Ano nakalagay sa MOA ng dredging clearance?
a. Hindi po pwede mag issue ang provincial government ng notice to proceed hanggat
wala pong memorandum of agreement sa DENR po
12. Pede na ba mag proceed pag wala pang MOA ?
a. Hindi po pwede mag issue ang provincial government ng notice to proceed hanggat
wala pong memorandum of agreement sa DENR po
13. Ano pa mga usually kelangan na permits if ever?
a. Sa memorandum of agreement po dapat po may accreditation of traders, otp or moep,
dredging clearance, taxes
14. Monitoring fee ng dredging
a. <5% gross value ng market
15. Other permit na dapat isecure
a. Otp, certificate of accreditation, clearances from denr kung icucultivate yung river
beds, clearances from dpwh kung magtatayo ng structures
Notes on dredging – Oriental Mindoro
Dredging starts from?
The deltas of the river, although geologically speaking the term delta can still be elaborate, what the law
implies are deltas that starts at the mouth of the river wherein river exits towards the sea.
Who declares River Dredging Zones?
RDZ zones are declared by the provincial government based on the constructed master survey plan by
the DPWH – only one (1) master survey plan per river
Roles of MGB in dredging?
a. Determination of metallic and non-metallic content of the potential rivers for dredging
b. OTP or MOEP
c. Certificate of accreditation
d. mining permit
Can sand and gravel and quarry operate in RDZ?
No, for the commercial disposition of the dredged materials a mining permit is necessary.
Government share in the commercial disposition of dredging?
a. 10 % of the fair market value in the locality per cubic meter
b. Breakdown of fees:
a. 30% - Province
b. 30% - Municipal
c. 40% - Barangay
Can the government take private contractors?
Yes
Fundings of private sectors as operators for dredging?
None from the government fundings
Dredging permit term?
6 months
ECC for dredging
After the construction of dredging masterplan, for the issuance of ECC, the EMB in coordination
with the EMB, MGB and the provincial government shall conduct EIA and SEA per river, ECC is issued per
river.
MOA for dredging
No notice to proceed will be issued by the provincial government without MOA from the DENR
MOA of contractors with DENR:
- 15 % Deviation from the work program shall mean cancellation of the permit – for commercial
disposition
- OTP or MOEP – for commercial disposition
- Certificate of accreditation - for commercial disposition
- Dredging clearance//permit DPWH
- Mining permit – for commercial disposition
- Taxes and fees
Monitoring fee for dredging
<5% gross value from the market coming from the dredge materials
Other permit to secure
OTP – MGB RO
CERTIFICATE OF ACCREDITATION – MGB RO
CULTIVATION OF RIVER BEDS DELTAS – DENR
STRUCTURES ON THE RIVER – CLEARANCE FROM THE DPWH
Areas closed to dredging/ close to mining:
1. near or under public or private buildings, cemeteries, archaeological and historical sites, bridges,
highways, waterways, railroads, dams or other infrastructure projects or public or private works
including plantations or valuable crops except upon written consent of the Government agency
or private entity concerned."
2. Note that top edge of dredging works shall not be closer than 10 meters from existing
riverbanks and/or river structures such as dikes, revetment, spur dikes and other river training
structures.
3. No extraction, removal and/or disposition of materials shall be allowed within a distance of one
(1) kilometer from the boundaries of reservoirs established for public water supply,
archaeological and historical sites or of any public or private works or structures, unless prior
clearance from the Government agency(ies) concerned or owner is obtained. No extraction,
removal and/or disposition of materials shall likewise be allowed in offshore areas within five
hundred (500) meters distance from the coast to two hundred (200) meters from the mean low
tide."
MGB studied rivers and economic potential:
The low concentration of such elements makes its extraction uneconomic.
Bucayao River, Magasawang Tubig, Balete River, Baco River, Alag River, Bongabong River, Cagangkan
River, Mansalay River, Wasig River
Can the provincial government apply for GGP?
1. yes, conflict of interest lies only if the public official or employee is part of a private enterprise
and the propose project is of no commercial disposition
Can the GGP be subjected to no requirements?:
1. No because quarrying projects is under the category A of PROCLAMATION NO. 2146 which are
projects that require ECC
LGU dredging clearance final requirements – DENR River Restoration Project:
1. Letter to DENR Secretary
2. Dredging Clearance
3. Programmatic Environmental Impact Assessment / Strategic Environmental Assessment per
River Channels – conducted by EMB in coordination with MGB DPWH and the provincial
government. The provincial government may be the proponent for the programmatic EIA and
SEA
4. ECC
5. No extraction limit provided that
a. The extraction activities conform with the approved work program in accordance with
the DPWH dredging Master Plan;
b. Assessment of the river systems shall be done by the team composed of
representatives from PENRO, CENRO and the MGB every two years
c. The maximum allowable extraction conforms to the designated mitigating measures
based on the environmental impact assessment
6. MOA with DENR – authority to dispose, accreditation as trader from MGB RO, OTP/MOEP from
MGB RO, Excise Tax, >15% work deviation
How to apply for a government gratuitous permit (GGP)
1. MGB Form 8-3b filed to Philippine Mining Regulatory Board (PMRB) thru enro technical
secretariat - ENRO
2. Procure checklist from pmrb – ENRO
Dredging with commercial utilization:
1. LGU Resolution 2 out of 3 – provincial, city/municipal, barangay
2. If ancestral domain – free and prior consent shall be obtained from NCIP
3. Submit the first two requirements to MGB including:
a. (MGB Form No. 8-3, 8-3A, 8-4 or 8-4A) shall be filed by the applicant either
personally or through its duly authorized representative with the Regional Office
b. Location map/sketch plan of the proposed permit area showing its geographic
coordinates/ meridional block(s) and boundaries in relation to major
environmental features and other projects using NAMRIA topographic map in a
scale of 1:50,000 duly prepared, signed and sealed by a deputized Geodetic
Engineer;
c. Area clearance from the Government agencies/LGUs concerned that may be
affected by the permit application or written permission from the landowner(s)
and surface owner(s) of the area applied for;
d. Work Program (MGB Form No. 5-4 or MGB Form No. 6-2) duly prepared, signed
and sealed by a licensed Mining Engineer or Geologist;
e. An application (MGB Form No. 16-04) for or a CEMCRR.
f. ECC prior to extraction, removal and/or disposition and EPEP (MGB Form No. 16-
2) as provided for in Section 169 hereof;
g. Proof of technical competence including, among others, curricula vitae and track
records in mining operations and environmental management of the technical
personnel who shall undertake the activities in accordance with the submitted
Work Program and EPEP;
h. Proof of financial capability to undertake the activities pursuant to Work
Program and EPEP, such as the following:
i. For individuals - Statement of assets and liabilities duly sworn in
accordance with existing laws, credit lines and income tax return for the
preceding three (3) years and
ii. For corporations, partnerships, associations or cooperatives - Latest
Audited Financial Statement and where applicable, Annual Report for the
preceding year, credit lines, bank guarantees and/or similar negotiable
instruments.
i. Photocopy of Articles of Incorporation/ Partnership/Association, ByLaws and
Certificate of Registration, duly certified by the SEC or authorized Government
agency(ies) concerned, for corporations, partnerships, associations or
cooperatives; and
j. Other supporting papers
4. MGB will issue area clearance
5. MGB will endorse to DPWH district engineering office (DEO) to check if the area is
covered by existing application for dredging permit/clearance or flood control project.
After checking its control map the DPWH DEO shall inform the DENR – MGB on the
results of its evaluation
6. A notice of application for mining permit shall be issued by the DENR MGB Regional
Office. The applicant shall cause the publication of the notice of mining application.
7. Proponent shall submit section 6 requirements of the JMC 2019-01 to the DPWH:
(design plans)
8. After evaluation the DPWH will issue dredging clearance signed by the DPWH secretary
9. Applicant will secure necessary ECC
10. Only after the issuance of ECC the DENR-MGB will approve the mining permit
11. Certificate of accreditation – DENR MGB
12. OTP/MOEP – DENR MGB
13. MOA with DENR
14. Notice to proceed by the provincial government
Dredging conducted by LGU
1. LGU Resolution 2 out of 3 – provincial, city/municipal, barangay
2. File resolutions to DPWH DEO
3. DPWH district engineering office (DEO) to check if the area is covered by existing
application for dredging permit/clearance or flood control project.
4. Submit Design plans to DPWH DEO reference JMC 2019-001
5. The applicant LGU and other government agencies i.e DENR, Philippine Reclamation
Authority and others shall issue a certification that there Is no commercial disposition of
the dredged materials and that there is no intent to use the dredged materials other
than that as specified in the application for permit
6. Applicant will secure ECC
7. After evaluation the DPWH will issue dredging clearance signed by the DPWH secretary
8. Notice to proceed by the provincial government
Can dredging go beyond Buffer zone?
10 meters buffer zone should be observed
Notes on dredging – Oriental Mindoro
Dredging starts from?
The deltas of the river, although geologically speaking the term delta can still be elaborate, what the law
implies are deltas that starts at the mouth of the river wherein river exits towards the sea.
Who declares River Dredging Zones?
RDZ zones are declared by the provincial government based on the constructed master survey plan by
the DPWH – only one (1) master survey plan per river
Roles of MGB in dredging?
e. Determination of metallic and non-metallic content of the potential rivers for dredging
f. OTP or MOEP
g. Certificate of accreditation
h. mining permit
Can sand and gravel and quarry operate in RDZ?
No, for the commercial disposition of the dredged materials a mining permit is necessary.
Government share in the commercial disposition of dredging?
c. 10 % of the fair market value in the locality per cubic meter
d. Breakdown of fees:
a. 30% - Province
b. 30% - Municipal
c. 40% - Barangay
Can the government take private contractors?
Yes
Fundings of private sectors as operators for dredging?
None from the government fundings
Dredging permit term?
6 months
ECC for dredging
After the construction of dredging masterplan, for the issuance of ECC, the EMB in coordination
with the EMB, MGB and the provincial government shall conduct EIA and SEA per river, ECC is issued per
river.
MOA for dredging
No notice to proceed will be issued by the provincial government without MOA from the DENR
MOA of contractors with DENR:
- 15 % Deviation from the work program shall mean cancellation of the permit – for commercial
disposition
- OTP or MOEP – for commercial disposition
- Certificate of accreditation - for commercial disposition
- Dredging clearance//permit DPWH
- Mining permit – for commercial disposition
- Taxes and fees
Monitoring fee for dredging
<5% gross value from the market coming from the dredge materials
Other permit to secure
OTP – MGB RO
CERTIFICATE OF ACCREDITATION – MGB RO
CULTIVATION OF RIVER BEDS DELTAS – DENR
STRUCTURES ON THE RIVER – CLEARANCE FROM THE DPWH
Areas closed to dredging/ close to mining:
4. near or under public or private buildings, cemeteries, archaeological and historical sites, bridges,
highways, waterways, railroads, dams or other infrastructure projects or public or private works
including plantations or valuable crops except upon written consent of the Government agency
or private entity concerned."
5. Note that top edge of dredging works shall not be closer than 10 meters from existing
riverbanks and/or river structures such as dikes, revetment, spur dikes and other river training
structures.
6. No extraction, removal and/or disposition of materials shall be allowed within a distance of one
(1) kilometer from the boundaries of reservoirs established for public water supply,
archaeological and historical sites or of any public or private works or structures, unless prior
clearance from the Government agency(ies) concerned or owner is obtained. No extraction,
removal and/or disposition of materials shall likewise be allowed in offshore areas within five
hundred (500) meters distance from the coast to two hundred (200) meters from the mean low
tide."
MGB studied rivers and economic potential:
The low concentration of such elements makes its extraction uneconomic.
Bucayao River, Magasawang Tubig, Balete River, Baco River, Alag River, Bongabong River, Cagangkan
River, Mansalay River, Wasig River
Can the provincial government apply for GGP?
2. yes, conflict of interest lies only if the public official or employee is part of a private enterprise
and the propose project is of no commercial disposition
Can the GGP be subjected to no requirements?:
2. No because quarrying projects is under the category A of PROCLAMATION NO. 2146 which are
projects that require ECC
LGU dredging clearance final requirements – DENR River Restoration Project:
7. Letter to DENR Secretary
8. Dredging Clearance
9. Programmatic Environmental Impact Assessment / Strategic Environmental Assessment per
River Channels – conducted by EMB in coordination with MGB DPWH and the provincial
government. The provincial government may be the proponent for the programmatic EIA and
SEA
10. ECC
11. No extraction limit provided that
a. The extraction activities conform with the approved work program in accordance with
the DPWH dredging Master Plan;
b. Assessment of the river systems shall be done by the team composed of
representatives from PENRO, CENRO and the MGB every two years
c. The maximum allowable extraction conforms to the designated mitigating measures
based on the environmental impact assessment
12. MOA with DENR – authority to dispose, accreditation as trader from MGB RO, OTP/MOEP from
MGB RO, Excise Tax, >15% work deviation
How to apply for a government gratuitous permit (GGP)
3. MGB Form 8-3b filed to Philippine Mining Regulatory Board (PMRB) thru enro technical
secretariat - ENRO
4. Procure checklist from pmrb – ENRO
Dredging with commercial utilization:
15. LGU Resolution 2 out of 3 – provincial, city/municipal, barangay
16. If ancestral domain – free and prior consent shall be obtained from NCIP
17. Submit the first two requirements to MGB including:
a. (MGB Form No. 8-3, 8-3A, 8-4 or 8-4A) shall be filed by the applicant either
personally or through its duly authorized representative with the Regional Office
b. Location map/sketch plan of the proposed permit area showing its geographic
coordinates/ meridional block(s) and boundaries in relation to major
environmental features and other projects using NAMRIA topographic map in a
scale of 1:50,000 duly prepared, signed and sealed by a deputized Geodetic
Engineer;
c. Area clearance from the Government agencies/LGUs concerned that may be
affected by the permit application or written permission from the landowner(s)
and surface owner(s) of the area applied for;
d. Work Program (MGB Form No. 5-4 or MGB Form No. 6-2) duly prepared, signed
and sealed by a licensed Mining Engineer or Geologist;
e. An application (MGB Form No. 16-04) for or a CEMCRR.
f. ECC prior to extraction, removal and/or disposition and EPEP (MGB Form No. 16-
2) as provided for in Section 169 hereof;
g. Proof of technical competence including, among others, curricula vitae and track
records in mining operations and environmental management of the technical
personnel who shall undertake the activities in accordance with the submitted
Work Program and EPEP;
h. Proof of financial capability to undertake the activities pursuant to Work
Program and EPEP, such as the following:
i. For individuals - Statement of assets and liabilities duly sworn in
accordance with existing laws, credit lines and income tax return for the
preceding three (3) years and
ii. For corporations, partnerships, associations or cooperatives - Latest
Audited Financial Statement and where applicable, Annual Report for the
preceding year, credit lines, bank guarantees and/or similar negotiable
instruments.
i. Photocopy of Articles of Incorporation/ Partnership/Association, ByLaws and
Certificate of Registration, duly certified by the SEC or authorized Government
agency(ies) concerned, for corporations, partnerships, associations or
cooperatives; and
j. Other supporting papers
18. MGB will issue area clearance
19. MGB will endorse to DPWH district engineering office (DEO) to check if the area is
covered by existing application for dredging permit/clearance or flood control project.
After checking its control map the DPWH DEO shall inform the DENR – MGB on the
results of its evaluation
20. A notice of application for mining permit shall be issued by the DENR MGB Regional
Office. The applicant shall cause the publication of the notice of mining application.
21. Proponent shall submit section 6 requirements of the JMC 2019-01 to the DPWH:
(design plans)
22. After evaluation the DPWH will issue dredging clearance signed by the DPWH secretary
23. Applicant will secure necessary ECC
24. Only after the issuance of ECC the DENR-MGB will approve the mining permit
25. Certificate of accreditation – DENR MGB
26. OTP/MOEP – DENR MGB
27. MOA with DENR
28. Notice to proceed by the provincial government
Dredging conducted by LGU
9. LGU Resolution 2 out of 3 – provincial, city/municipal, barangay
10. File resolutions to DPWH DEO
11. DPWH district engineering office (DEO) to check if the area is covered by existing
application for dredging permit/clearance or flood control project.
12. Submit Design plans to DPWH DEO reference JMC 2019-001
13. The applicant LGU and other government agencies i.e DENR, Philippine Reclamation
Authority and others shall issue a certification that there Is no commercial disposition of
the dredged materials and that there is no intent to use the dredged materials other
than that as specified in the application for permit
14. Applicant will secure ECC
15. After evaluation the DPWH will issue dredging clearance signed by the DPWH secretary
16. Notice to proceed by the provincial government
1. Joint Memorandum Circular 2019-01
2. Yes
3. No
4. Yes
5. Yes
6. DENR
7. Yes
8. Yes but upon clearance from the DENR
9. Yes
10. Yes
11. DPWH
12. Upon securing clearance from the DPWH
13. Yes
14. a ten meter easement from the river banks or river structures such as dikes revetment or
other structures towards the main river channel
15. Excavation operation done within waterways or other inland bodies of waters
16. Dredging clearance – with commercial utilization ; dredging permit no commercial utilization
17. DPWH
18. Yes because it utilizes the states natural quarry and mineral resources as per mining law
through dredging only refers to the method of extraction
19. Open or confined area that serves as containement for disposed dredged materials
20. Yes
21. Yes to ensure that the proposed dredging will be completed within the term
22. Yes
23. Yes
24. Yes
25. Not allowed unless clearance from concerned govn agencies
26. Yes except for areas allowed by the DPWH
27. Yes
28. File mining project feasibility in MGB Regional Office
29. Yes
30. DPWH DOTR Philippine Coast Guard
31. Yes
32. Yes
33. Yes
34. Yes
35. Yes
36. DENR Regional Director/RED
37. DENR shall monitor ECC and mining permit/contract compliance; ensure that the allowable
quantity for extraction is complied with
38. Yes
39. MGB
40. PMRB
41. MGB Regional Director
42. DENR Secretary
43. No
44. OTP of the concerned PMRB/CMRB or DENR MGB regional director
45. MOEP Mineral Ore export permit
46. Magnetite
47. No, mgb has a memorandum invalidating small scale mining permits for use in black sand
mining
48. No, quarry is used only for non metallic quarry resources, black sand magnetite are metallic
and is therefore not applicable
49. No except for gold silver chromite
50. Yes but not in economically feasible quantities
51. 500 meters from the low tide level and onshore areas within 200 meters from the low mean
tide level along the coast
52. DAO 2019-04
53. Deltas
54. Provincial Government in accordance with the DPWH master plan
55. Yes, only dredging activities will be allowed
56. Ordinance of the sangguniang panlalawigan
57. Yes
58. No
59. 250,000,000 for individuals – 1,000,000,000 for corporations
60. Provincial Government
61. Yes
62. Yes
63. 6 months
64. Yes
65. Programmatic EIA or SEA in coordination with MGB DPWH and provincial Government
66. Yes
67. PENRO CENRO MGB every two years
68. Memorandum of Agreement with the DENR
69. Yes
70. Yes
71. Yes
72. MGB
73. <15%
74. Inter agency committee
75. Governor – chairperson, Red- vice chair person, MGB EMB and DPWH as members
76. Interagency committee
77. Yes subject to laws of the DAO 2000-25
78. Borrow areas
79. Dredgefill materials
80. Government seabed quarry permit
81. seabed quarry resources
82. Yes but not in workable quantities
83. Special exploration permit
84. Denr secretary upon recommendation of the MGB Director
85. DENR secretary upon recommendation of the MGB Director
86. DENR
87. Yes
88. Denr
89. File declaration of mining project feasibility to MGB Regional offices for the determination of
excise tax
90. Yes
91. DAO 96-40
92. 2 years
93. Yes
94. Yes
95. 50% of the area
96. Yes
97. UNCLOS
98. No
99. Government dredging permit (GDP
100. Yes
101. Yes
102. yes