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08-4B Exclusive Sand and Gravel/Government/Private Gratuitous Permit

MGB quarry permit for exclusive sand and gravel, government, private gratious

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Republic of the Philippines
PROVINCIAL/CITY MINING REGULATORY BOARD (P/CMRB)
Province/City of ________________

EXCLUSIVE SAND AND GRAVEL/
GOVERNMENT/PRIVATE GRATUITOUS PERMIT
Permit No.
_______________________________
Permit Application No.
_______________________________
Date of Approved ____________________, 19 ________
Permit Holder __________________________________________________________
Address _______________________________________________________________
An application for Exclusive Sand and Gravel/Government/Private Gratuitous
Permit to extract and utilize sand and gravel materials situated in the Sitio of
______________________ Barangay _____________________, Municipality of
___________________________, Province of _________________________, Island of
_____________________________, Philippines, and more or less described as follows to
wit:
(Technical Description)

containing an area of ___________________ hectares and more specifically described in
Sand and Gravel Survey Plan No. ______________ and Technical Description thereof
attached to and made as an integral part of this Permit , having been filed in the
Province/City of ______________________ by ________________________________
on ______________ 19 ______, pursuant to the Philippine Mining Act of 1995 and the
Revised Implementing Rules and Regulations promulgated thereunder, this Exclusive Sand
and Gravel/Government/Private Gratuitous Permit No. _______________ is hereby
granted to __________________________________, subject to the terms and conditions
herein:
1.

This Permit is for a period of sixty (60) days (for Exclusive Sand and Gravel
Permit and Private Gratuitous Permit) or coterminous with the construction stage
of the project but not to exceed one (1) year from the date of issuance (for
Government Gratuitous Permit);

2.

The Permit shall be for the exclusive use and benefit of the Permit Holder and not,
directly or indirectly, for the benefit of any other person whether natural or juridical,
and that the area covered by this Permit shall be used for the purpose only of
extracting and disposing the materials herein authorized;

3.

The Permit can not be assigned, transferred or conveyed, in whole or in part,
without prior approval of the Provincial Governor/City Mayor concerned;

MGB Form No. 08-4B

4.

The extraction or removal of materials shall not be allowed within the distance of
one (1) kilometer from the boundaries of reservoirs established for public water
supply, archeological and historical sites, or of any public or private works or
structures, unless with prior clearance of the agency or owner concerned 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 and
two hundred (200) meters from the mean low tide level along the beach;

5.

Except for the Government/Private Gratuitous Permit, the Permit Holder shall pay
to the Government an excise tax pursuant to Sec. 151 of the National Internal
Revenue Code, as amended,.

6.

The Permit Holder shall, within ten (10) days after the end of each quarter, submit
to the Provincial Governor/City Mayor personally/representative or by registered
mail quarterly production reports in the prescribed form stating the quantity of
materials extracted, removed and/or disposed under the Permit and the amounts of fees
paid therefor, copy of which shall be furnished the MGB Regional Director and
Municipal Treasurers where the Permit area is situated and under operation. At the
end of the term, the Permit Holder shall submit to the concerned Regional Office and
Provincial/City Mining Regulatory Board a final report with the detailed list of activities
and the corresponding expenditures;

7.

The Provincial Governor/City Mayor or his/her duly authorized representative/s
may, at any time during the effectivity of this Permit, inspect the operations and the
books of accounts and other relevant data of the Permit Holder in which shall be
entered the quantity of materials removed or disposed of, the amount of fees paid,
the selling price, and the names and addresses of the persons to whom the same
were sold;

8.

The extraction and removal of quarry resources under this Permit shall be confined
within the area specified herein, the boundaries of which according to the
application have been well established according to survey rules and regulations.
This Permit shall exclude areas closed to mining location as provided in Sec. 19 of
the Act;

9.

The Permit Holder or his/her representative shall keep the Permit/Permit Area,
available at all times for inspection and examination by the duly authorized
representative/s of the Provincial/City Mining Regulatory Board concerned or the
MGB Regional Office;

10.

The Permit Holder shall pay to the Government an excise tax pursuant to Sec. 151
of the National Internal Revenue Code, as amended; such excise tax shall be due
and payable upon the removal of the quarry resources extracted from the area
embraced by his/her Permit, pursuant to the provisions of the National Internal
Revenue Code, as amended;

11.

This Permit may be revoked or canceled at any time by the Provincial
Governor/City Mayor concerned when in his/her opinion public interest so requires,
or upon failure of the Permit Holder to comply with the provisions of the Philippine
Mining Act of 1995 and the Revised Implementing Rules and Regulations
promulgated thereunder, as well as with the terms and conditions specified herein;
Provided, that if the Permit is canceled, or otherwise terminated, the Permit Holder
shall be liable for all unpaid fees and taxes due up to the time of the termination or
cancellation of the Permit;

12.

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;

MGB Form No. 08-4B

13.

The Permit Holder shall manage its operations in a technically and environmentally
responsible manner to achieve a safe, non-polluting and self-sustaining post disturbance
landform;

14.

The Permit Holder shall not discriminate on the basis of gender and that the Permit
Holder shall respect the right of women workers to participate in policy and decisionmaking processes affecting their rights and benefits;

15.

The Permit Holder shall conform to laws, rules and regulations regarding, among others,
labor, safety and health standards;

16.

The Permit Holder shall not interfere with the rights of other Permit
Holders/operators/Contractors;

17.

The Permit Holder shall recognize and respect the rights, customs and traditions of local
communities, particularly Indigenous Cultural Communities;

18.

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 said artifacts are recovered;

19.

The Permit Holder shall comply with its obligations under its ECC, Environmental
Protection and Enhancement Program (EPEP) and Annual EPEP, including the
allocation of the prescribed annual environmental expense pursuant to Section 171 of the
Revised Implementing Rules and Regulations;

20.

For the Goverment Gratuitous Permit, the concerned Government office shall, whenever
practicable, use and utilize its own vehicle(s) and equipment in extracting, hauling and
transporting the materials: Provided, That the Permit Holder may enter into a contract
with a private person/entity for the purpose of hauling and transporting such materials;

21.

For the Government Gratuitous Permit, the materials authorized to be removed shall be
strictly for infrastructure project and in no case shall the same be disposed of
commercially, otherwise, persons responsible thereof shall be liable for prosecution
under appropriate laws;

22.

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

23.

The Permit Holder further binds itself to comply with the provisions of RA No.
7942 and the Revised Implementing Rules and Regulations promulgated
thereunder, and such other terms and conditions not inconsistent with the Constitution,
the Act and the Revised Implementing Rules and Regulations, as well as those which
the concerned Provincial Governor/City Mayor may deem to be for the national interest
and public welfare.

________________________, Philippines, _________________, 19 ______.

For the Republic of the Philippines

MGB Form No. 08-4B

(Grantor)
__________________________________
Provincial Governor/City Mayor
I hereby accept the terms and conditions of this Exclusive Sand and
Gravel/Government/Private Gratuitous Permit as above-stated.
__________________________________
Permit Holder

Signed in the presence of:

______________________________
(Signature over printed name)

____________________________
(Signature over printed name)

ACKNOWLEDGEMENT

Republic of the Philippines
)
Province of _______________ )s.s.
City/Municipality of ________ )
Before me appeared _____________________________________ exhibiting to
me his/her Community Tax Certificate No. ____________________ issued at
__________________ known to me and to me known to be the same person who
executed the foregoing document, and acknowledged that same is his/her free and
voluntary act, and deed as Permit Holder, and for the purposes therein specified. The said
instrument, consisting of 3 pages, including this acknowledgment page, is a Exclusive
Sand and Gravel/Government/Private Gratuitous Permit
to extract and dispose of
minerals therein specified for commercial purposes from the area therein mentioned.
WHEREFORE, I have hereunto set my hand and affixed my notarial seal this
___________ day of ___________________, 19 _______, in ____________________.

________________________
NOTARY PUBLIC
Until Dec. 31, 19 _____
PTR No. ____________
Doc. No.
Page No.
Book No.
Series of

___________
___________
___________
___________
 
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