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 f. No person shall ignite, cause to be ignited, or maintain any open fires except in the following activities: open fires for cooking of food for human consumption in areas designated by law, fires for religious or ceremonial purposes, fires for the prevention and control of pests and diseases, fires for the disposal of dangerous materials or wastes subject to prior clearance or permit issued by the Mayor, fires for training personnel in firefighting, prescribed burning for recognized agricultural, forestry and wildlife management practices, and open fires expressly approved by the DENR and Mayor.

ARTICLE V

MINERAL AND OTHER QUARRY RESOURCES

Sec. 1. Scope of Powers. In addition to the powers, duties and functions of the Municipal Mayor to adopt adequate measures to safeguard and conserve land, mineral, marine and other resources, as provided under Sections 389(b)(i) and Section 444(b)(3)(vii); the powers of the municipal government with respect to the management of mineral resources as provided under Sections 26 and 27, Republic Act No. 7160 (consultations and prior consent required) and powers of the Municipal Government as provided in Sections 17(b)(3)(iii), Section 138 of the Local Government Code of 1991 and DENR Administrative Order No. 30, series of 1992 (Guidelines for the Transfer and Implementation of DENR Functions Devolved to the Local Government Units), the Municipality shall:

a. Strictly enforce Republic Act No 7942 (Philippine Mining Act of 1995), Presidential Decree No. 1899 (Establishing Small-Scale Mining as a New Dimension in Mineral Development) and Republic Act No. 7076 (People’s Small-Scale Mining Act of 1991);

b. Enforce Batas Pambansa No. 265 (An Act Prohibiting the Extraction of Gravel and Sand from Rivers and Providing Penalties Thereof);

c. Issue the following mining permits for: Quarry, Commercial Sand and Gravel, Industrial Sand and Gravel, Exclusive Sand and Gravel, Government Gratuitous, Private Gratuitous, Guano, Gemstone Gathering and Small-Scale Mining pursuant to Sections 71-73, 81 and 88 of DENR Administrative Order No. 40 Series of 1996, as amended and Section 3.4 of DAO 30, Series of 1992;

d. Verify and adjudicate conflicts arising from quarrying;

e. Collect fees and charges for the mining permits enumerated under (c) above pursuant to Section 138 of the Local Government Code of 1991.

Sec. 2. Governing Laws. The pertinent mineral resources provisions of this Code shall be governed by, but not limited to, the following national laws and regulations:

a. Republic Act No. 7160 (Local Government Code of 1991)

b. Republic Act No. 7942 (Philippine Mining Act of 1995)

c. DENR Administrative Order No. 40, series of 1996 (Revised Implementing Rules and Regulations of Republic Act No. 7942), as amended

e. Republic Act 7076 (People’s Small Scale Mining Act of 1991)

f. Mines Administrative Order No. MRD 41, series of 1984 (Rules and Regulations of Presidential Decree No. 1899);

g. Republic Act No. 7076 ( People’s Small-Scale Mining Act of 1991);

h. DENR Administrative Order No. 34, series of 1992 (Implementing Rules and Regulations of Republic Act No. 7076)