A.
Filing of the Application:
1.
Application form shall be accomplished in triplicate, one copy to be
retained by the applicant and the remaining copies to be submitted to
the MGB-Regional Office concerned.
2. All pertinent information required shall be provided in the application
form. All blanks shall be filled-out. Inapplicable information shall
be marked “NA” (Not Applicable). Any erasures shall automatically
deem the application form invalid.
3. Application forms that lack the required attachments shall not be
accepted by the MGB-Regional Office concerned.
B.
Companies with Previous or Present Operations
A CEMCRR shall be issued to applicant subject to the following conditions:
1.
The applicant/s shall request the MGB-Regional Office/s and DENR Regional
Office/s or Environmental Management Bureau (EMB)-Regional Office/s
concerned, where his/her company had previous operations, for an assessment/evaluation
of its previous mining operations, including exploration, using the
prescribed assessment/evaluation form. In case of satisfactory rating
from both offices, the applicant/s shall submit/forward the satisfactory
assessment/evaluation form together with the Application Form to the
concerned MGB-Regional Office for the issuance of CEMCRR.
2. In case of unsatisfactory rating from one or both Offices, the applicant/s
have to implement the environmental protection and enhancement measures
required by the concerned Regional Office/s and request for re-evaluation/re-assessment
from the MGB-Regional Office concerned.
3. In cases where mining rights have been transferred through a Deed
of Assignment, copy of the said document shall be attached to the application
form. If the previous permittee holder has committed any violation,
certification will not be issued to the assignee/applicant unless appropriate
action on the violation committed has been taken.
C.
Companies without Previous or Present Operations
A
Certificate of Exemption (COE) shall be issued subject to the following
conditions:
The
applicant/s have to submit an affidavit stating that his/her company
is :
a.
newly organized (state date of organization);
b. has never been engaged in any mineral resource use venture including
exploration; and
c. there are no environmental management and community relations record
to verify.
D.
Foreign Companies
1. The proponent shall present document(s) (e.g. certified true copy
of environmental award/s, recognition, etc.) attesting “satisfactory
performance” with respect to their environmental management and
community relations in foreign-based operations.
2.
Following diplomatic protocols, the MGB through the Department of Foreign
Affairs, validates the submitted documents either through the appropriate
embassy or consulate.
Any
falsehoods in the statements or omission of facts in the application,
which may later change or affect substantially the certification issued,
shall be sufficient ground for its nullification and cancellation as
well as for the Mining Rights granted.
