Page:Urbiztondo Ordinance no. 1- 2022.pdf/21

 i. DENR Administrative Order No. 96-40 series of 1995, as amended by DAO 40, series of 1996 entitled “Implementing Rules and Regulations of the Mining Act of 1995

j. Presidential Decree No. 1586 ( Philippine EIA System)

k. Republic Act No. 6969 (Toxic Chemicals and Hazardous Nuclear Waste Control Act of 1990)

l. DENR Administrative Order 2000-98 (Mine Safety and Health Standards)

m. DENR Administrative Order 97-30 (Small-Scale Mine Safety Rules and Regulations)

n. Republic Act No. 7576 (NIPAS Law)

o. Republic Act No. 9072 (Cave and Cave Resources Act)

p. Republic Act No. 9147 (Wildlife Resources Act)

q. Republic Act No. 8749 (Clean Air Act of 1999)

r. Republic Act No. 9275 (Clean Water Act of 2004)

s. Republic Act No. 9003 (Ecological Solid Waste Management Act of 2000)

Sec. 3. Operative Principles. The revenue generation and livelihood functions of mineral resources notwithstanding, but because of the increasing domestic and external demands for the utilization of minerals for infrastructure development and industrial raw materials, and the losses in public welfare associated with unregulated mining and quarrying particularly from the adverse effects of soil erosion, water pollution, destruction of heritage items and unique landscapes and diminution of biological diversity, the Municipal Environment and Natural Resources Office (MENRO) shall regulate the mining, quarrying and utilization of mineral resources (including treasure hunting activities) in the Municipality. Pursuant to Section 70 of DENR Administrative Order No. 40, Series of 1996, as amended and as provided for in the Local Revenue Code, the Local Government of Urbiztondo shall, among others, accept, process and evaluate applications and determine administrative charges and fees for Quarry, Sand and Gravel, Guano, Gemstone Gathering and Small-Scale Mining Permits duly filed with the same.

Sec. 4. Regulatory Provisions. It shall be unlawful for any person, natural or juridical, to undertake mining and quarrying of minerals without a permit duly issued by the Municipal Mayor; provided that mining and quarrying activities within the Municipality of Urbiztondo shall be subjected to Environmental Impact Study (EIS) as provided under the Philippine Environmental Impact Assessment System for quarry, commercial/industrial sand and gravel, government gratuitous, guano, gemstone gathering and small-scale mining permits. The proponent shall secure clearance from the Department of Environment and Natural Resources, Department of Public Works and Highways and/or concerned government agencies and submit to the MENRO copies of Environmental Compliance Certificate, Environmental Impact Study or Initial Environmental Examination, whichever is applicable, for the corresponding permit to be issued.

Sec. 5. Issuance of a permit. The permit to extract, remove, desilt/dredge, dispose and/or utilize quarry, sand and gravel and other mineral resources in the Municipality shall be issued exclusively by the Provincial Governor per Section 3.4 of DAO 92-30.

a. Quarry Permit – shall be issued to Qualified Persons, natural or juridical, for the extraction, removal and disposition of quarry resources covering an area of not more than five (5) hectares for a term of five (5) years from date of issuance thereof, renewable for like periods but not to exceed a total term of twenty-five (25) years;