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30-2 Special Exploration Permit

MGB form for special exploration permit

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Republic of the Philippines
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
MINES AND GEOSCIENCES BUREAU
North Avenue, Diliman, Quezon City

SPECIAL EXPLORATION PERMIT
____________
Date
Special Exploration Permit No. _______________
________________________________________
(Permittee)
________________________________________
(Address)
________________________________________
This Special Exploration Permit covering an area of __________________
hectares situated at ____________________________________________ and within the
FTAA application filed on _______________ by ___________________________,
particularly described as follows:
Point

Latitude

Longitude

and shown in a map attached as Annex “A”, having been filed in this Bureau on
_________________ is hereby granted to ______________________________________
in accordance with Republic Act No. 7942, otherwise known as the Philippine Mining Act
of 1995 and the Revised Implementing Rules and Regulations promulgated thereunder,
subject to the following terms and conditions:

1

MGB Form No. 30-2

TERMS AND CONDITIONS

1.

That this Permit shall be intended only to applications for Financial or Technical
Assistance Agreement (FTAA) filed under Department of Environment and
Natural Resources (DENR) Administrative Order No. 63, Series of 1991, where
the total aggregate area originally applied for in the whole Philippines exceeds the
maximum contract area allowance as provided for in the Philippine Mining Act of
1995;

2.

That upon expiration of this Permit, the maximum area to be retained by the FTAA
applicant shall not exceed 81,000 hectares in accordance with Section 51 of
DENR Administrative Order No. 96-40;

3.

That this Permit shall be for the exclusive use and benefit of the Permittee or
his/her duly authorized representative/s and shall not be used for purposes other
than exploration under the Terms and Conditions of this Permit;

4.

That the Permittee shall first inform and consult with parties affected by his/her
exploration activities, which shall include surface owners, indigenous cultural
communities, legitimate small scale miners and other parties or entities holding
valid and prior existing rights over the area. Such consultation shall include
information on the extent of exploration activities in general and the necessity and
manner of his/her entry and occupation. In cases of disagreement, the Permittee or
the parties concerned shall seek resolution with the Panel of Arbitrators;

5.

That this Permit shall be applicable only up to September 12, 1997, as provided
for under Section 272 of DAO No. 96-40;

6.

That this Permit, during its effectivity, shall carry with it an Area Permission to
undertake limited exploration activities in non-critical forest reserves and forest
reservations and such other areas within the jurisdiction of the DENR;

7.

That the allowable exploration activities in those covered by the area permission as
mentioned in Item 6 preceding, shall include only remote sensing studies, airborne
geophysical surveys, and ground geological, geophysical and geochemical surveys
based on the approved Exploration Work Program and Financial Plans;

8.

That during the term of this Permit, the Permittee is prohibited from undertaking
the following activities:
a. Subsurface exploration such as drilling, tunneling, trenching and test pitting;
b. Cutting of trees and harming to known endangered flora and fauna; and
c. Construction of roads and other infrastructures;

9.

That the Permittee shall abide by the Exploration and Environmental Work
Programs and Financial Plans submitted with the Permit;

10.

That the Permittee shall, during the term of the Permit, submit the following:
(a)

Within thirty (30) days after the end of the first three (3) months and
thereafter, to the Mines and Geosciences Bureau (MGB) Regional Office,
copy furnished the Central Office, a report under oath of the work done
including the results of surveys, laboratory reports, geological reports/maps,
Exploration and Environmental Work Programs and Financial Plans
implementation and expenditures showing discrepancies or deviations from
submitted plans and programs and proposed expenditures/budget, subject to

MGB Form No. 30-2

semiannual inspection and verification by the MGB Central/Regional Office
at the expense of the Permittee; and
(b)

Within sixty (60) days after expiration of the Permit, a final report in a form
and substance comparable to published reports of respected international
organization and incorporating all the findings within the permit area such as,
but not limited to, location of samples, assays, chemical analyses, assessment
of the mineral potential, and complete detailed expenditures incurred during
exploration including (a) a report on the rehabilitation of areas affected by
exploration activities and (b) a detailed report of the area/s to be relinquished
to the Government, subject to an audit by the MGB Central Office at the
expense of the Permittee;

11.

That areas delineated by exploration activities to be non-mineralized shall be
relinquished in favor of the Government;

12.

That the Permittee shall allow the DENR Secretary or his/her duly authorized
representative/s to review the compliances and performance of the Permittee;

13.

That the Permittee commits itself to protect and safeguard the environment during
exploration in consonance with the approved Environmental Work Program,
appropriate and applicable provisions of Chapter 16 of D.A.O. No. 96-40 and other
applicable laws;

14.

That the Permittee shall pay the necessary Occupation Fees, taxes, and other fees
and charges mandated by law;

15.

That in case of Offshore Exploration,
a.

b.

That the Permittee shall carry out exploration activities that will not
adversely affect the safety and traffic of navigation at sea, will not cause
undue environmental damage, and will ensure accommodation of other
marine activities such as fishing, aquaculture, transportation, etc;

c.

That the Permittee shall properly identify all installations, vessels, and other
crafts involved in exploration recognizable to all navigators and vessels
within reasonable distance;

d.

That the Permittee shall secure permits required by other agencies for all
offshore installations that shall be used in the exploration activity, if
applicable;

e.

That the Permittee shall notify the MGB thirty (30) days prior to the
intention to remove all installations or equipment and apparatus from the
exploration area; and

f.

16.

The Permittee shall undertake exploration in accordance with the United
Nations Convention on the Law of the Sea (UNCLOS);

That Permittee shall allow the MGB’s authorized personnel, Philippine
Coast Guard and other authorized persons during reasonable hours to board
the vessel(s) while within the Philippine Exclusive Economic Zone.

That the Permittee shall abide with other terms and conditions which the MGB
may deem appropriate;

3

MGB Form No. 30-2

17.

The statements made in the application or those made later in support thereof, shall
be considered as condition and essential parts of this Permit, and any
misrepresentation therein stated shall be a cause for the cancellation of this Permit;
and

18.

That any serious violation of the foregoing terms and conditions could be used as
sufficient ground for the non-acceptance/rejection of the Permittee’s future mining
application over the area covered by this Permit.

Quezon City, PHILIPPINES,____________________1997.

Approved:

VICTOR O. RAMOS
Secretary
Recommending Approval:

HORACIO C. RAMOS
____________________
(Date)

I hereby accept the terms and conditions of this Permit as above stated.

________________________
Permittee

Signed in the presence of:

_________________________

_________________________

4

MGB Form No. 30-2

ACKNOWLEDGEMENT

Republic of the Philippines )
________________________)s. s.
________________________)
Before me, a Notary Public for and in the City/Municipality of ______________ personally
appeared HON. VICTOR O. RAMOS , with Community Tax Certificate No.
___________ issued on ____________ at _______________, in his capacity as Secretary
of Department of Environment and Natural Resources, and ________________________
with Community Tax Certificate No. ___________ issued on ___________ at
________________,
in
his
capacity
as
_____________
of
___________________________, both known to me and to me known to be the same
persons who executed the foregoing instrument consisting of ______________ (
)
pages, including this acknowledgement page, and acknowledged to me that the same is
their voluntary acts and deeds.
IN WITNESS WHEREOF, I have hereunto set my hand and affix my notarial seal, this
____________ day of ________________.

NOTARY PUBLIC
Until Dec. 31, 19 ______
PTR No. _____________

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