AMENDMENT TO DEPARTMENT ADMINISTRATIVE ORDER NO. 99-57, ENTITLED “AMENDMENTS TO DAO NO. 96-40 OR THE REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 7942, OTHERWI…

Pursuant to Section 8 of Republic Act (RA) No. 7942, otherwise known
as the Philippine Mining Act of 1995, Section 275 of Department
Administrative Order (DAO) No. 96-40 and in line with the policy of the
Government to continuously provide for a responsive regulatory
framework, Section 12 of DAO No. 99-57 entitled “Amendments to DAO No.
96-40 or the Revised Implementing Rules and Regulations of Republic Act
No. 7942, Otherwise Known as the ‘Philippine Mining Act of 1995′”, is
hereby revised to read as follows:

SECTION 12. Section 69 (General Provisions) is hereby amended, to read as follows:

Quarry, sand and gravel, guano and gemstone resources in private
and/or public lands may be extracted, removed, disposed and/or utilized:
Provided, That in large-scale quarry operations involving cement raw
materials, marble, granite and sand and gravel and construction
aggregates, any Qualified Person may apply for a Mineral Agreement
subject to the provisions of Chapter VI of these implementing rules and
regulations: Provided, further, That a large-scale quarry operation,
including a sand and gravel operation, during the
Development/Construction/Operating Period under a Mineral Agreement,
shall involve a mechanized operation and a final mining area not
exceeding the following:

For sand and gravel	Individual Corporation/Partnership/Association/Cooperative	Twenty (20) hectares Fifty (50) hectares
For marble, granite and construction aggregates	Individual Corporation/Partnership/Association/Cooperative	Fifty (50) hectares One hundred (100) hectares
For cement raw materials such as limestone, shale and limestone	Individual Corporation/ Partnership/ Association/Cooperative	Five hundred (500) hectares One thousand (1,000) hectares

subject to the following conditions:

1. That the mining applicant/Contractor may file/declare more
than one (1) final mining area in its applied area/contract area:
Provided, That for sand and gravel, each additional final mining area
shall further require the approval by any two (2) of the concerned
Sanggunian in the form of a formal Resolution;

2. That each final mining area shall be covered by a Declaration
of Mining Project Feasibility supported by a Mining Project Feasibility
Study, Development/Utilization Work Program and application for survey;
and

3. That the aggregate of the final mining areas for all Mineral
Agreements held by the Contractor and areas covered by Mineral Agreement
applications, if any, shall not exceed the maximum limits set under
Section 33 of DAO No. 96-40, as amended.

For this purpose, a final mining area means the contract area or
portion(s) thereof properly delineated and surveyed by the mining
applicant/Contractor for development and actual quarrying/mining
operation including sites for support/ancillary facilities.

This Order takes effect immediately.

Adopted: 25 July 2000

(SGD.) ANTONIO H. CERILLES
Secretary