1、TODATERNPLBI-IC OfIIIIJ PtI LI PPIN SDEPARTMENT OF THB INTBRIOR AND IOCAL GOVBRNMBNTDILG APOl,(:()Nl (lcnrer(Iuczon A.renre corncr ll I)S ., ( luczon Cit)$r.dil8.8ov.ttlOrfiCE OF TIIE SECREIARYAPRrL 4,2014MEMORANDUM CIRCI.IARNo.44 , reries of2014SUBIECTALL GOVERNORS, CITY/MIMCIPAL MAYORS, PTJNONGMRA
2、NGAYS, DILG REGIONAL AND FIELD OFTICERS, ANDALL OTIERSCONCERNEDDIRECTING ALL LOCAL CHITT E(ECUTTVES TO BE STRICTLYGIIIDED BYTITE LEGA.L RESTRICTIONS ON BLACKSANDANDBEACHMININGBatas Pambansa (8.P.) Blg. 2651 categorically prohibits “the extraction of graveland sand and such other actiuities as would
3、erode or diminish the narural beauty ofbeaches.“2Relatedly, Section 79(a) of Depanment of Environment and Natural Resources(DENR) Administrative Order No. 2010-21:t expressly requires all “Quarry/ Commercialor Industrial Sand and Gravel/ Government Gratuirous/ Guano/ Gemstone GatheringPermits“a issu
4、ed by the government to carry the following prohibition:No extraction, removal and/or disposition of materials shall be allowedwithin a distancc of one (1) kilometer from the ktundaies of resemoirsestablished for public water supply, archaeological and historical ites or ofany public or pivate works
5、 or structurcs, unless the pior clearance of the An Act Prohibiting the Extraction of Gravel arrd Sand ftom Beaches and Providing Penaltie* Therefor.) Section 1, B-P. B1g.265.3 Revised Implernenting Rules and Regulations of Republic Act No. 7942 (also kaown as Philippine MiningAct of 1995).I First p
6、aragraph of Sec. 79, DENR Adninistrative Order No. 2010-21.Government agency(ies) concerned or owner is obtained. No extraction,removal and/or disposition of nateials shall |ikewise be allowcd inoffshore areas within frve hundred (500) meters distance from the coast andtwo hundred (2M) meters from t
7、he mean low ride.These laws notwithstanding, there have been persistent reports of illegal blacksand5 mining operations being conducted in the country in blatant violation of theforegoing legal prohibitions.Notably, according to the DENR Mines and Geosciences Bureau (MGB), illegalblack sand mining c
8、auses among others, coastal and soil erosion and the intrusion of saltwater into agricultural areas, and adversely affects both local tourism and the fisher folkin the host communities.6Considering all the foregoing, and pursuant to the formal request ofthe MGB in itsMemorandum dated 24 February 201
9、4 addressed to this Department, all Local ChiefExecutives (LCEs) are hereby directed to be strictly guided by the well-definedparameters laid down by the MGB in the said Memorandum with regard to the (i)invalidity of small scale mining permits for purposes of mining black sand, (ii)inapplicability o
10、f quarry and sand and gravel permits for use in black sand miningoperations, and (iii) legal prohibition on quarrying within No-Go Zones (200 and 500meter demarcations), which parameters are quoted herein below for clarity:81) Small-scale Mining Permits (SSMP) are already deemed invalid forthe puqta
11、e of mining black sand as source of irone pursuant to thepertinent provisioas of Executive Order (EO) No. 7t to quote Section 1 Ithereof:-a) xxx:b) Purcuant to RA No. 7076, small scale mining operations shall beandeaLa aly virtia rte delatd Poples SmaII-keIe Miniag Arees orMinahaaghyaa;and Black Sat
12、rd: Dark, often glossy mixture of sard materials; originates ftom the weathering of dark rockssituated near shore or transported ftom inland tlru natural dminage; nosdy deposited in beaches and riverdeltas; mainly contains magnetite (FeO+), a magnetic miaeral and a common rcurce of iron for$selmatin
13、g- (MGB definition)6 MGB Repot in Malacanan Palace, lO February 2014-3 Lifted verbatim ftom the MGB Memonndum.g Undencoring supplied, d) Small-scale mining rtaII not b qpliahle fw mallic ninn s assplgold, siluet aad dnaic, as provided for in RA No 7O76.(emphasis oun)2 Ouary and Sand and Gravel Permi
14、ts are intended onlv for theextraction and or utibzation of non-netallic quarryt and sand and gravelresources and not for metallic resources. includins iron ores contained inblack sand.toSection 5 of Depanment Administrative Order (DAO) No. 2010-21, theConsolidated Implementing Rules and Regulations
15、 of Republic Act No.7942, the Philippine Mining Act of 1995, defrnes Quarry Resources as anycommon rock or other mineral substances as the andesite, basat,conglomerate, coral sand, diatomaceous earth, diorite, decorative stones,gabbro, granite, Emestone marble, marl, red burning clays for potteries
16、andbicks, rhyolite, rock phosphate, sandstone, serpentine, shale, tuff, volcaniccinden aad volcanic glass: Prouided, That such qaarty tremrrr.zrr do aotcontzin mefels or meallic coastitueag and/ot ahq yzlaabie minenls ineanoaically worbble qaaatitiu: w (emphasis oun)Section 72 of the satne DAO No. 2
17、010-21 prouides that Sand and GravelPermits, issued either by the Provincial Gouemor/City Mayor or theRegional Director of the Mines and Geoscienc* Bureau are intended onlyfor the extraction, remoual and disposition of sand and gravel, and otherIoose or unconsolidated mateiak. Ihese are the non-meta
18、llic mateialsinteaded for use mainly in the construction industry.3) Mining including quarr.ving is not allowed in areas categorized asNo-Go Zones oursuant Io the oertinent nrovisions of RA No. 7942 and EONo. 79. Beaches (within 2(X) tneterc from the mean low tidd. foreshoreareas (withia 50O meters
19、from the mean low tide) and river banks.induding the mandated bulfer zone pursuant to Presidential Deuee No.1M7. the Water Code of the Philiopines. are No-Go Zones.tlSignificantly, under Article II, Section 16 of the 1987 Constitution, the State isexpressly mandated to “protect and advance the right
20、 of the people to a balanced andhealthful ecology in accord with the rhythm and harmony of nature.“ Also, Section 16ofRepublic Act No. 7160r:r, specifically enjoins local government units to “promote healthand safety, enhance the right of the people to a balanced ecology,“ and “preserve thecomfort a
21、nd convenience of the inhabitants“ within their respective localities.10 lbid.11 lbid-13 The Local Governneqt Code of 1991.In this regar4 all LCEs are further directed to: (i) ensure and regularly monitorstrict and proper compliance by all private entities engaged in mining or quarrying withthe lega
22、l reetrictions outlined above Gi) order the cancellation of permits iesued to suchentities found to be in violation of said restrictions, (iii) facilitate legal action againstindividuals who may be criminally liable for such violations, and (iv) fully cooperate andcoordinate with the MGB when called for, in acconplishing all the foregoing directives.For immediate and strict compliance.s.JIH$|!*,
