REPUBLIC ACT NO.

7942 March 3, 1995

AN ACT INSTITUTING A NEW SYSTEM OF MINERAL RESOURCES EXPLORATION,

DEVELOPMENT, UTILIZATION, AND CONSERVATION

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

CHAPTER I
INTRODUCTORY PROVISIONS

Section 1
Title

This Act shall be known as the "Philippine Mining Act of 1995."

Section 2
Declaration of Policy

All mineral resources in public and private lands within the territory and exclusive economic zone of
the Republic of the Philippines are owned by the State. It shall be the responsibility of the State to
promote their rational exploration, development, utilization and conservation through the combined
efforts of government and the private sector in order to enhance national growth in a way that
effectively safeguards the environment and protect the rights of affected communities.

Section 3
Definition of Terms

As used in and for purposes of this Act, the following terms, whether in singular or plural, shall mean:

a. Ancestral lands refers to all lands exclusively and actually possessed, occupied, or utilized
by indigenous cultural communities by themselves or through their ancestors in accordance
with their customs and traditions since time immemorial, and as may be defined and
delineated by law.

b. Block or meridional block means an area bounded by one-half (1/2) minute of latitude and
one-half (1/2) minute of longitude, containing approximately eighty-one hectares (81 has.).

c. Bureau means the Mines and Geosciences Bureau under the Department of Environment
and Natural Resources.

d. Carrying capacity refers to the capacity of natural and human environments to

accommodate and absorb change without experiencing conditions of instability and
attendant degradation.

e. Contiguous zone refers to water, sea bottom and substratum measured twenty-four
nautical miles (24 n.m.) seaward from the base line of the Philippine archipelago.
f. Contract area means land or body of water delineated for purposes of exploration,
development, or utilization of the minerals found therein.

g. Contractor means a qualified person acting alone or in consortium who is a party to a

mineral agreement or to a financial or technical assistance agreement.

h. Co-production agreement (CA) means an agreement entered into between the

Government and one or more contractors in accordance with Section 26(b) hereof.

i. Department means the Department of Environment and Natural Resources.

j. Development means the work undertaken to explore and prepare an ore body or a mineral
deposit for mining, including the construction of necessary infrastructure and related
facilities.

k. Director means the Director of the Mines and Geosciences Bureau.

l. Ecological profile or eco-profile refers to geographic-based instruments for planners and

decision-makers which presents an evaluation of the environmental quality and carrying
capacity of an area.

m. Environmental compliance certificate (ECC) refers to the document issued by the

government agency concerned certifying that the project under consideration will not bring
about an unacceptable environmental impact and that the proponent has complied with the
requirements of the environmental impact statement system.

n. Environmental impact statement (EIS) is the document which aims to identify, predict,
interpret, and communicate information regarding changes in environmental quality
associated with a proposed project and which examines the range of alternatives for the
objectives of the proposal and their impact on the environment.

o. Exclusive economic zone means the water, sea bottom and subsurface measured from
the baseline of the Philippine archipelago up to two hundred nautical miles (200 n.m.)
offshore.

p. Existing mining/quarrying right means a valid and subsisting mining claim or permit or
quarry permit or any mining lease contract or agreement covering a mineralized area
granted/issued under pertinent mining laws.

q. Exploration means the searching or prospecting for mineral resources by geological,

geochemical or geophysical surveys, remote sensing, test pitting, trenching, drilling, shaft
sinking, tunneling or any other means for the purpose of determining the existence, extent,
quantity and quality thereof and the feasibility of mining them for profit.

r. Financial or technical assistance agreement means a contract involving financial or

technical assistance for large-scale exploration, development, and utilization of mineral
resources.

s. Force majeure means acts or circumstances beyond the reasonable control of contractor
including, but not limited to, war, rebellion, insurrection, riots, civil disturbance, blockade,
sabotage, embargo, strike, lockout, any dispute with surface owners and other labor
disputes, epidemic, earthquake, storm, flood or other adverse weather conditions, explosion,
fire, adverse action by government or by any instrumentality or subdivision thereof, act of
God or any public enemy and any cause that herein describe over which the affected party
has no reasonable control.

t. Foreign-owned corporation means any corporation, partnership, association, or

cooperative duly registered in accordance with law in which less than fifty per centum (50%)
of the capital is owned by Filipino citizens.

u. Government means the government of the Republic of the Philippines.

v. Gross output means the actual market value of minerals or mineral products from its
mining area as defined in the National Internal Revenue Code.

w. Indigenous cultural community means a group or tribe of indigenous Filipinos who have
continuously lived as communities on communally-bounded and defined land since time
immemorial and have succeeded in preserving, maintaining, and sharing common bonds of
languages, customs, traditions, and other distinctive cultural traits, and as may be defined
and delineated by law.

x. Joint venture agreement (JVA) means an agreement entered into between the
Government and one or more contractors in accordance with Section 26(c) hereof.

y. Mineral processing means the milling, beneficiation or upgrading of ores or minerals and
rocks or by similar means to convert the same into marketable products.

z. Mine wastes and tailings shall mean soil and rock materials from surface or underground
mining and milling operations with no economic value to the generator of the same.

aa. Minerals refers to all naturally occurring inorganic substance in solid, gas, liquid, or any
intermediate state excluding energy materials such as coal, petroleum, natural gas,
radioactive materials, and geothermal energy.

ab. Mineral agreement means a contract between the government and a contractor,
involving mineral production-sharing agreement, co-production agreement, or joint-venture
agreement.

ac. Mineral land means any area where mineral resources are found.

ad. Mineral resource means any concentration of minerals/rocks with potential economic
value.

ae. Mining area means a portion of the contract area identified by the contractor for purposes
of development, mining, utilization, and sites for support facilities or in the immediate vicinity
of the mining operations.

af. Mining operation means mining activities involving exploration, feasibility, development,
utilization, and processing.
ag. Non-governmental organization (NGO) includes nonstock, nonprofit organizations
involved in activities dealing with resource and environmental conservation, management
and protection.

ah. Net assets refers to the property, plant and equipment as reflected in the audited
financial statement of the contractor net of depreciation, as computed for tax purposes,
excluding appraisal increase and construction in progress.

ai. Offshore means the water, sea bottom and subsurface from the shore or coastline
reckoned from the mean low tide level up to the two hundred nautical miles (200 n.m.)
exclusive economic zone including the archipelagic sea and contiguous zone.

aj. Onshore means the landward side from the mean tide elevation, including submerged
lands in lakes, rivers and creeks.

ak. Ore means a naturally occurring substance or material from which a mineral or element
can be mined and/or processed for profit.

al. Permittee means the holder of an exploration permit.

am. Pollution control and infrastructure devices refers to infrastructure, machinery,

equipment and/or improvements used for impounding, treating or neutralizing, precipitating,
filtering, conveying and cleansing mine industrial waste and tailings as well as eliminating or
reducing hazardous effects of solid particles, chemicals, liquids or other harmful byproducts
and gases emitted from any facility utilized in mining operations for their disposal.

an. President means the President of the Republic of the Philippines.

ao. Private land refers to any land belonging to any private person which includes alienable
and disposable land being claimed by a holder, claimant, or occupant who has already
acquired a vested right thereto under the law, although the corresponding certificate or
evidence of title or patent has not been actually issued.

ap. Public land refers to lands of the public domain which have been classified as agricultural
lands and subject to management and disposition or concession under existing laws.

aq. Qualified person means any citizen of the Philippines with capacity to contract, or a
corporation, partnership, association, or cooperative organized or authorized for the purpose
of engaging in miring, with technical and financial capability to undertake mineral resources
development and duly registered in accordance with law at least sixty per centum (60%) of
the capital of which is owned by citizens of the Philippines: Provided, That a legally
organized foreign-owned corporation shall be deemed a qualified person for purposes of
granting an exploration permit, financial or technical assistance agreement or mineral
processing permit.

ar. Quarrying means the process of extracting, removing and disposing quarry resources
found on or underneath the surface of private or public land.

as. Quarry permit means a document granted to a qualified person for the extraction and
utilization of quarry resources on public or private lands.
 at. Quarry resources refers to any common rock or other mineral substances as the Director
of Mines and Geosciences Bureau may declare to be quarry resources such as, but not
limited to, andesite, basalt, conglomerate, coral sand, diatomaceous earth, diorite, decorative
stones, gabbro, granite, limestone, marble, marl, red burning clays for potteries and bricks,
rhyolite, rock phosphate, sandstone, serpentine, shale, tuff, volcanic cinders, and volcanic
glass: Provided, That such quarry resources do not contain metals or metallic constituents
and/or other valuable minerals in economically workable quantities: Provided, further, That
non-metallic minerals such as kaolin, feldspar, bull quartz, quartz or silica, sand and pebbles,
bentonite, talc, asbestos, barite, gypsum, bauxite, magnesite, dolomite, mica, precious and
semi-precious stones, and other non-metallic minerals that may later be discovered and
which the: Director declares the same to be of economically workable quantities, shall not be
classified under the category of quarry resources.

au. Regional director means the regional director of any mines regional office under the
Department of Environment and Natural Resources.

av. Regional office means any of the mines regional offices of the Department of
Environment and Natural Resources.

aw. Secretary means the Secretary of the Department of Environment and Natural
Resources.

ax. Special allowance refers to payment to the claim-owners or surface right-owners

particularly during the transition period from Presidential Decree No. 463 and Executive
Order No. 279, series of 1987.

ay. State means the Republic of the Philippines.

az. Utilization means the extraction or disposition of minerals.

CHAPTER II
GOVERNMENT MANAGEMENT

Section 4
Ownership of Mineral Resources

Mineral resources are owned by the State and the exploration, development, utilization, and
processing thereof shall be under its full control and supervision. The State may directly undertake
such activities or it may enter into mineral agreements with contractors.

The State shall recognize and protect the rights of the indigenous cultural communities to their
ancestral lands as provided for by the Constitution.

Section 5
Mineral Reservations

When the national interest so requires, such as when there is a need to preserve strategic raw
materials for industries critical to national development, or certain minerals for scientific, cultural or
ecological value, the President may establish mineral reservations upon the recommendation of the
Director through the Secretary. Mining operations in existing mineral reservations and such other
reservations as may thereafter be established, shall be undertaken by the Department or through a
contractor: Provided, That a small scale-mining cooperative covered by Republic Act No. 7076 shall
be given preferential right to apply for a small-scale mining agreement for a maximum aggregate
area of twenty-five percent (25%) of such mineral reservation, subject to valid existing
mining/quarrying rights as provided under Section 112 Chapter XX hereof. All submerged lands
within the contiguous zone and in the exclusive economic zone of the Philippines are hereby
declared to be mineral reservations.

A ten per centum (10%) share of all royalties and revenues to be derived by the government from
the development and utilization of the mineral resources within mineral reservations as provided
under this Act shall accrue to the Mines and Geosciences Bureau to be allotted for special projects
and other administrative expenses related to the exploration and development of other mineral
reservations mentioned in Section 6 hereof.

Section 6
Other Reservations

Mining operations in reserved lands other than mineral reservations may be undertaken by the
Department, subject to limitations as herein provided. In the event that the Department cannot
undertake such activities, they may be undertaken by a qualified person in accordance with the rules
and regulations promulgated by the Secretary. The right to develop and utilize the minerals found
therein shall be awarded by the President under such terms and conditions as recommended by the
Director and approved by the Secretary: Provided, That the party who undertook the exploration of
said reservation shall be given priority. The mineral land so awarded shall be automatically excluded
from the reservation during the term of the agreement: Provided, further, That the right of the lessee
of a valid mining contract existing within the reservation at the time of its establishment shall not be
prejudiced or impaired.

Section 7
Periodic Review of Existing Mineral Reservations

The Secretary shall periodically review existing mineral reservations for the purpose of determining
whether their continued existence is consistent with the national interest, and upon his
recommendation, the President may, by proclamation, alter or modify the boundaries thereof or
revert the same to the public domain without prejudice to prior existing rights.

Section 8
Authority of the Department

The Department shall be the primary government agency responsible for the conservation,
management, development, and proper use of the State's mineral resources including those in
reservations, watershed areas, and lands of the public domain. The Secretary shall have the
authority to enter into mineral agreements on behalf of the Government upon the recommendation of
the Director, promulgate such rules and regulations as may be necessary to implement the intent
and provisions of this Act.

Section 9
Authority of the Bureau
The Bureau shall have direct charge in the administration and disposition of mineral lands and
mineral resources and shall undertake geological, mining, metallurgical, chemical, and other
researches as well as geological and mineral exploration surveys. The Director shall recommend to
the Secretary the granting of mineral agreements to duly qualified persons and shall monitor the
compliance by the contractor of the terms and conditions of the mineral agreements. The Bureau
may confiscate surety, performance and guaranty bonds posted through an order to be promulgated
by the Director. The Director may deputize, when necessary, any member or unit of the Philippine
National Police, barangay, duly registered non-governmental organization (NGO) or any qualified
person to police all mining activities.

Section 10
Regional Offices

There shall be as many regional offices in the country as may be established by the Secretary, upon
the recommendation of the Director.

Section 11
Processing of Applications

The system of processing applications for mining rights shall be prescribed in the rules and
regulations of this Act.

Section 12
Survey, Charting and Delineation of Mining Areas

A sketch plan or map of the contract or mining area prepared by a deputized geodetic engineer
suitable for publication purposes shall be required during the filing of a mineral agreement or
financial or technical assistance agreement application. Thereafter, the contract or mining area shall
be surveyed and monumented by a deputized geodetic engineer or bureau geodetic engineer and
the survey plan shall be approved by the Director before the approval of the mining feasibility.

Section 13
Meridional Blocks

For purposes of the delineation of the contract or mining areas under this Act, the Philippine territory
and its exclusive economic zone shall be divided into meridional blocks of one-half (1/2) minute of
latitude and one-half (1/2) minute of longitude.

Section 14
Recording System

There shall be established a national and regional filing and recording system. A mineral resource
database system shall be set up in the Bureau which shall include, among others, a mineral rights
management system. The Bureau shall publish at least annually, a mineral gazette of nationwide
circulation containing among others, a current list of mineral rights, their location in the map, mining
rules and regulations, other official acts affecting mining, and other information relevant to mineral
resources development. A system and publication fund shall be included in the regular budget of the
Bureau.
 CHAPTER III
SCOPE OF APPLICATION

Section 15
Scope of Application

This Act shall govern the exploration, development, utilization and processing of all mineral
resources.

Section 16
Opening of Ancestral Lands for Mining Operations

No ancestral land shall be opened for mining-operations without prior consent of the indigenous
cultural community concerned.

Section 17
Royalty Payments for Indigenous Cultural Communities

In the event of an agreement with an indigenous cultural community pursuant to the preceding
section, the royalty payment, upon utilization of the minerals shall be agreed upon by the parties.
The said royalty shall form part of a trust fund for the socioeconomic well-being of the indigenous
cultural community.

Section 18
Areas Open to Mining Operations

Subject to any existing rights or reservations and prior agreements of all parties, all mineral
resources in public or private lands, including timber or forestlands as defined in existing laws, shall
be open to mineral agreements or financial or technical assistance agreement applications. Any
conflict that may arise under this provision shall be heard and resolved by the panel of arbitrators.

Section 19
Areas Closed to Mining Applications

Mineral agreement or financial or technical assistance agreement applications shall not be allowed:

a. In military and other government reservations, except upon prior written clearance by the
government agency concerned;

b. Near or under public or private buildings, cemeteries, archeological and historic sites,
bridges, highways, waterways, railroads, reservoirs, dams or other infrastructure projects,
public or private works including plantations or valuable crops, except upon written consent
of the government agency or private entity concerned;

c. In areas covered by valid and existing mining rights;

d. In areas expressedly prohibited by law;

e. In areas covered by small-scale miners as defined by law unless with prior consent of the
small-scale miners, in which case a royalty payment upon the utilization of minerals shall be
 agreed upon by the parties, said royalty forming a trust fund for the socioeconomic
development of the community concerned; and

f. Old growth or virgin forests, proclaimed watershed forest reserves, wilderness areas,
mangrove forests, mossy forests, national parks provincial/municipal forests, parks,
greenbelts, game refuge and bird sanctuaries as defined by law and in areas expressly
prohibited under the National Integrated Protected Areas System (NIPAS) under Republic
Act No. 7586, Department Administrative Order No. 25, series of 1992 and other laws.

CHAPTER IV
EXPLORATION PERMIT

Section 20
Exploration Permit

An exploration permit grants the right to conduct exploration for all minerals in specified areas. The
Bureau shall have the authority to grant an exploration Permit to a qualified person.

Section 21
Terms and Conditions of the Exploration Permit

An exploration permit shall be for a period of two (2) years, subject to annual review and
relinquishment or renewal upon the recommendation of the Director.

Section 22
Maximum Areas for Exploration Permit

The maximum area that a qualified person may hold at any one time shall be:

a. Onshore, in any one province

1. for individuals, twenty (20) blocks: and

2. for partnerships, corporations, cooperatives, or associations, two hundred (200)

blocks.

b. Onshore, in the entire Philippines

1. for individuals, forty (40) blocks; and

2. for partnerships, corporations, cooperatives, or associations, four hundred (400)

blocks.

c. Offshore, beyond five hundred meters (500m) from the mean low tide level:

1. for individuals, one hundred (100) blocks; and

 2. for partnerships, corporations, cooperatives, or associations, one thousand (1,000)
blocks.

Section 23
Rights and Obligations of the Permittee

An exploration permit shall grant to the permittee, his heirs or successors-in-interest, the right to
enter, occupy and explore the area: Provided, That if private or other parties are affected, the
permittee shall first discuss with the said parties the extent, necessity, and manner of his entry,
occupation and exploration and in case of disagreement, a panel of arbitrators shall resolve the
conflict or disagreement.

The permittee shall undertake an exploration work on the area as specified by its permit based on an
approved work program.

Any expenditure in excess of the yearly budget of the approved work program may be carried
forward and credited to the succeeding years covering the duration of the permit. The Secretary,
through the Director, shall promulgate rules and regulations governing the terms and conditions of
the permit.

The permittee may apply for a mineral production sharing agreement, joint venture agreement, co-
production agreement or financial or technical assistance agreement over the permit area, which
application shall be granted if the permittee meets the necessary qualifications and the terms and
conditions of any such agreement: Provided, That the exploration period covered by the exploration
permit shall be included as part of the exploration period of the mineral agreement or financial or
technical assistance agreement.

Section 24
Declaration of Mining Project Feasibility

A holder of an exploration permit who determines the commercial viability of a project covering a
mining area may, within the term of the permit, file with the Bureau a declaration of mining project
feasibility accompanied by a work program for development. The approval of the mining project
feasibility and compliance with other requirements provided in this Act shall entitle the holder to an
exclusive right to a mineral production sharing agreement or other mineral agreements or financial or
technical assistance agreement.

Section 25
Transfer or Assignment

An exploration permit may be transferred or assigned to a qualified person subject to the approval of
the Secretary upon the recommendation of the Director.

CHAPTER V
MINERAL AGREEMENTS

Section 26
Modes of Mineral Agreement
For purposes of mining operations, a mineral agreement may take the following forms as herein
defined:

a. Mineral production sharing agreement is an agreement where the Government grants to

the contractor the exclusive right to conduct mining operations within a contract area and
shares in the gross output. The contractor shall provide the financing, technology,
management and personnel necessary for the implementation of this agreement.

b. Co-production agreement is an agreement between the Government and the contractor

wherein the Government shall provide inputs to the mining operations other than the mineral
resource.

c. Joint venture agreement is an agreement where a joint-venture company is organized by

the Government and the contractor with both parties having equity shares. Aside from
earnings in equity, the Government shall be entitled to a share in the gross output.

A mineral agreement shall grant to the contractor the exclusive right to conduct mining operations
and to extract all mineral resources found in the contract area. In addition, the contractor may be
allowed to convert his agreement into any of the modes of mineral agreements or financial or
technical assistance agreement covering the remaining period of the original agreement subject to
the approval of the Secretary.

Section 27
Eligibility

A qualified person may enter into any of the three (3) modes of mineral agreement with the
government for the exploration, development and utilization of mineral resources: Provided, That in
case the applicant has been in the mining industry for any length of time, he should possess a
satisfactory environmental track record as determined by the Mines and Geosciences Bureau and in
consultation with the Environmental Management Bureau of the Department.

Section 28
Maximum Areas for Mineral Agreement

The maximum area that a qualified person may hold at any time under a mineral agreement shall be:

a. Onshore, in any one province

1. for individuals, ten (10) blocks; and

2. for partnerships, cooperatives, associations, or corporations, one hundred (100)

blocks.

b. Onshore, in the entire Philippines

1. for individuals, twenty (20) blocks; and

2. for partnerships, cooperatives, associations, or corporations, two hundred (200)

blocks.

c. Offshore, in the entire Philippines

 1. for individuals fifty (50) blocks;

2. for partnerships, cooperatives, associations, or corporations, five hundred (500)

blocks; and

3. for the exclusive economic zone, a larger area to be determined by the Secretary.

The maximum areas mentioned above that a contractor may hold under a mineral agreement shall
not include mining/quarry areas under operating agreements between the contractor and a
claimowner/lessee/permittee/licensee entered into under Presidential Decree No. 463.

Section 29
Filing and Approval of Mineral Agreements

All proposed mineral agreements shall be filed in the region where the areas of interest are located,
except in mineral reservations which shall be filed with the Bureau.

The filing of a proposal for a mineral agreement shall give the proponent the prior right to areas
covered by the same. The proposed mineral agreement will be approved by the Secretary and
copies thereof shall be submitted to the President. Thereafter, the President shall provide a list to
Congress of every approved mineral agreement within thirty (30) days from its approval by the
Secretary.

Section 30
Assignment/Transfer

Any assignment or transfer of rights and obligations under any mineral agreement except a financial
or technical assistance agreement shall be subject to the prior approval of the Secretary. Such
assignment or transfer shall be deemed automatically approved if not acted upon by the Secretary
within thirty (30) working days from official receipt thereof, unless patently unconstitutional or illegal.

Section 31
Withdrawal from Mineral Agreements

The contractor may, by giving due notice at any time during the term of the agreement, apply for the
cancellation of the mineral agreement due to causes which, in the opinion of the contractor, make
continued mining operations no longer feasible or viable. The Secretary shall consider the notice and
issue its decision within a period of thirty (30) days: Provided, That the contractor has met all its
financial, fiscal and legal obligations.

Section 32
Terms

Mineral agreements shall have a term not exceeding twenty-five (25) years to start from the date of
execution thereof, and renewable for another term not exceeding twenty-five (25) years under the
same terms and conditions thereof, without prejudice to changes mutually agreed upon by the
parties. After the renewal period, the operation of the mine may be undertaken by the Government
or through a contractor. The contract for the operation of a mine shall be awarded to the highest
bidder in a public bidding after due publication of the notice thereof: Provided, That the contractor
shall have the right to equal the highest bid upon reimbursement of all reasonable expenses of the
highest bidder.
 CHAPTER VI
FINANCIAL OR TECHNICAL ASSISTANCE AGREEMENT

Section 33
Eligibility

Any qualified person with technical and financial capability to undertake large-scale exploration,
development, and utilization of mineral resources in the Philippines may enter into a financial or
technical assistance agreement directly with the Government through the Department.

Section 34
Maximum Contract Area

The maximum contract area that may be granted per qualified person, subject to relinquishment
shall be:

a. 1,000 meridional blocks onshore;

b. 4,000 meridional blocks offshore; or

c. Combinations of a and b provided that it shall not exceed the maximum limits for onshore
and offshore areas.

Section 35
Terms and Conditions

The following terms, conditions, and warranties shall be incorporated in the financial or technical
assistance agreement, to wit:

a. A firm commitment in the form of a sworn statement, of an amount corresponding to the

expenditure obligation that will be invested in the contract area: Provided, That such amount
shall be subject to changes as may be provided for in the rules and regulations of this Act;

b. A financial guarantee bond shall be posted in favor of the Government in an amount

equivalent to the expenditure obligation of the applicant for any year;

c. Submission of proof of technical competence, such as, but not limited to, its track record in
mineral resource exploration, development, and utilization; details of technology to be
employed in the proposed operation; and details of technical personnel to undertake the
operation;

d. Representations and warranties that the applicant has all the qualifications and none of
the disqualifications for entering into the agreement;

e. Representations and warranties that the contractor has or has access to all the financing,
managerial and technical expertise and, if circumstances demand, the technology required to
promptly and effectively carry out the objectives of the agreement with the understanding to
timely deploy these resources under its supervision pursuant to the periodic work programs
 and related budgets, when proper, providing an exploration period up to two (2) years,
extendible for another two (2) years but subject to annual review by the Secretary in
accordance with the implementing rules and regulations of this Act, and further, subject to
the relinquishment obligations;

f. Representations and warranties that, except for payments for dispositions for its equity,
foreign investments in local enterprises which are qualified for repatriation, and local
supplier's credits and such other generally accepted and permissible financial schemes for
raising funds for valid business purposes, the contractor shall not raise any form of financing
from domestic sources of funds, whether in Philippine or foreign currency, for conducting its
mining operations for and in the contract area;

g. The mining operations shall be conducted in accordance with the provisions of this Act
and its implementing rules and regulations;

h. Work programs and minimum expenditures commitments;

i. Preferential use of local goods and services to the maximum extent practicable;

j. A stipulation that the contractors are obligated to give preference to Filipinos in all types of
mining employment for which they are qualified and that technology shall be transferred to
the same;

k. Requiring the proponent to effectively use appropriate anti-pollution technology and

facilities to protect the environment and to restore or rehabilitate mined out areas and other
areas affected by mine tailings and other forms of pollution or destruction;

l. The contractors shall furnish the Government records of geologic, accounting, and other
relevant data for its mining operations, and that book of accounts and records shall be open
for inspection by the government;

m. Requiring the proponent to dispose of the minerals and byproducts produced under a
financial or technical assistance agreement at the highest price and more advantageous
terms and conditions as provided for under the rules and regulations of this Act;

n. Provide for consultation and arbitration with respect to the interpretation and
implementation of the terms and conditions of the agreements; and

o. Such other terms and conditions consistent with the Constitution and with this Act as the
Secretary may deem to be for the best interest of the State and the welfare of the Filipino
people.

Section 36
Negotiations

A financial or technical assistance agreement shall be negotiated by the Department and executed
and approved by the President. The President shall notify Congress of all financial or technical
assistance agreements within thirty (30) days from execution and approval thereof.

Section 37
Filing and Evaluation of Financial or Technical Assistance Agreement Proposals
All financial or technical assistance agreement proposals shall be filed with the Bureau after
payment of the required processing fees. If the proposal is found to be sufficient and meritorious in
form and substance after evaluation, it shall be recorded with the appropriate government agency to
give the proponent the prior right to the area covered by such proposal: Provided, That existing
mineral agreements, financial or technical assistance agreements and other mining rights are not
impaired or prejudiced thereby. The Secretary shall recommend its approval to the President.

Section 38
Term of Financial or Technical Assistance Agreement

A financial or technical assistance agreement shall have a term not exceeding twenty-five (25) years
to start from the execution thereof, renewable for not more than twenty-five (25) years under such
terms and conditions as may be provided by law.

Section 39
Option to Convert into a Mineral Agreement

The contractor has the option to convert the financial or technical assistance agreement to a mineral
agreement at any time during the term of the agreement, if the economic viability of the contract area
is found to be inadequate to justify large-scale mining operations, after proper notice to the Secretary
as provided for under the implementing rules and regulations: Provided, That the mineral agreement
shall only be for the remaining period of the original agreement.

In the case of a foreign contractor, it shall reduce its equity to forty percent (40%) in the corporation,
partnership, association, or cooperative. Upon compliance with this requirement by the contractor,
the Secretary shall approve the conversion and execute the mineral production-sharing agreement.

Section 40
Assignment/Transfer

A financial or technical assistance agreement may be assigned or transferred, in whole or in part, to

a qualified person subject to the prior approval of the President: Provided, That the President shall
notify Congress of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of the approval thereof.

Section 41
Withdrawal from Financial or Technical Assistance Agreement

The contractor shall manifest in writing to the Secretary his intention to withdraw from the
agreement, if in his judgment the mining project is no longer economically feasible, even after he has
exerted reasonable diligence to remedy the cause or the situation. The Secretary may accept the
withdrawal: Provided, That the contractor has complied or satisfied all his financial, fiscal or legal
obligations.

CHAPTER VII
SMALL-SCALE MINING
 Section 42
Small-scale Mining

Small-scale mining shall continue to be governed by Republic Act No. 7076 and other pertinent laws.

CHAPTER VIII
QUARRY RESOURCES

Section 43
Quarry Permit

Any qualified person may apply to the provincial/city mining regulatory board for a quarry permit on
privately-owned lands and/or public lands for building and construction materials such as marble,
basalt, andesite, conglomerate, tuff, adobe, granite, gabbro, serpentine, inset filling materials, clay
for ceramic tiles and building bricks, pumice, perlite and other similar materials that are extracted by
quarrying from the ground. The provincial governor shall grant the permit after the applicant has
complied with all the requirements as prescribed by the rules and regulations.

The maximum area which a qualified person may hold at any one time shall be five hectares (5
has.): Provided, That in large-scale quarry operations involving cement raw materials, marble,
granite, sand and gravel and construction aggregates, a qualified person and the government may
enter into a mineral agreement as defined herein.

A quarry permit shall have a term of five (5) years, renewable for like periods but not to exceed a
total term of twenty-five (25) years. No quarry permit shall be issued or granted on any area covered
by a mineral agreement or financial or technical assistance agreement.

Section 44
Quarry Fee and Taxes

A permittee shall, during the term of his permit, pay a quarry fee as provided for under the
implementing rules and regulations. The permittee shall also pay the excise tax as provided by
pertinent laws.

Section 45
Cancellation of Quarry Permit

A quarry permit may be cancelled by the provincial governor for violations of the provisions of this
Act or its implementing rules and regulations or the terms and conditions of said permit: Provided,
That before the cancellation of such permit, the holder thereof shall be given the opportunity to be
heard in an investigation conducted for the purpose.

Section 46
Commercial Sand and Gravel Permit

Any qualified person may be granted a permit by the provincial governor to extract and remove sand
and gravel or other loose or unconsolidated materials which are used in their natural state, without
undergoing processing from an area of not more than five hectares (5 has.) and in such quantities as
may be specified in the permit.

Section 47
Industrial Sand and Gravel Permit

Any qualified person may be granted an industrial sand and gravel permit by the Bureau for the
extraction of sand and gravel and other loose or unconsolidated materials that necessitate the use of
mechanical processing covering an area of more than five hectares (5 has.) at any one time. The
permit shall have a term of five (5) years, renewable for a like period but not to exceed a total term of
twenty-five (25) years.

Section 48
Exclusive Sand and Gravel Permit

Any qualified person may be granted an exclusive sand and gravel permit by the provincial governor
to quarry and utilize sand and gravel or other loose or unconsolidated materials from public lands for
his own use, provided that there will be no commercial disposition thereof.

A mineral agreement or a financial technical assistance agreement contractor shall, however, have
the right to extract and remove sand and gravel and other loose unconsolidated materials without
need of a permit within the area covered by the mining agreement for the exclusive use in the mining
operations: Provided, That monthly reports of the quantity of materials extracted therefrom shall be
submitted to the mines regional office concerned: Provided, further, That said right shall be
coterminous with the expiration of the agreement.

Holders of existing mining leases shall likewise have the same rights as that of a contractor:
Provided, That said right shall be coterminous with the expiry dates of the lease.

Section 49
Government Gratuitous Permit

Any government entity or instrumentality may be granted a gratuitous permit by the provincial
governor to extract sand and gravel, quarry or loose unconsolidated materials needed in the
construction of building and/or infrastructure for public use or other purposes over an area of not
more than two hectares (2 has.) for a period coterminous with said construction.

Section 50
Private Gratuitous Permit

Any owner of land may be granted a private gratuitous permit by the provincial governor.

Section 51
Guano Permit

Any qualified person may be granted a guano permit by the provincial governor to extract and utilize
loose unconsolidated guano and other organic fertilizer materials in any portion of a municipality
where he has established domicile. The permit shall be for specific caves and/or for confined sites
with locations verified by the Department's field officer in accordance with existing rules and
regulations.
 Section 52
Gemstone Gathering Permit

Any qualified person may be granted a non-exclusive gemstone gathering permit by the provincial
governor to gather loose stones useful as gemstones in rivers and other locations.

CHAPTER IX
TRANSPORT, SALE AND PROCESSING OF MINERALS

Section 53
Ore Transport Permit

A permit specifying the origin and quantity of non-processed mineral ores or minerals shall be
required for their transport. Transport permits shall be issued by the mines regional director who has
jurisdiction over the area where the ores were extracted. In the case of mineral ores or minerals
being transported from the small-scale mining areas to the custom mills or processing plants, the
Provincial Mining Regulatory Board (PMRB) concerned shall formulate their own policies to govern
such transport of ores produced by small-scale miners. The absence of a permit shall be considered
as prima facie evidence of illegal mining and shall be sufficient cause for the Government to
confiscate the ores or minerals being transported, the tools and equipment utilized, and the vehicle
containing the same. Ore samples not exceeding two metric tons (2 m.t.) to be used exclusively for
assay or pilot test purposes shall be exempted from such requirement.

Section 54
Mineral Trading Registration

No person shall engage in the trading of mineral products, either locally or internationally, unless
registered with the Department of Trade and Industry and accredited by the Department, with a copy
of said registration submitted to the Bureau.

Section 55
Minerals Processing Permit

No person shall engage in the processing of minerals without first securing a minerals processing
permit from the Secretary. Minerals processing permit shall be for a period of five (5) years
renewable for like periods but not to exceed a total term of twenty-five (25) years. In the case of
mineral ores or minerals produced by the small-scale miners, the processing thereof as well as the
licensing of their custom mills, or processing plants shall continue to be governed by the provisions
of Republic Act No. 7076.

Section 56
Eligibility of Foreign-owned/-controlled Corporation

A foreign-owned/-controlled corporation may be granted a mineral processing permit.

 CHAPTER X
DEVELOPMENT OF MINING COMMUNITIES, SCIENCE AND MINING TECHNOLOGY

Section 57
Expenditure for Community Development and Science and Mining Technology

A contractor shall assist in the development of its mining community, the promotion of the general
welfare of its inhabitants, and the development of science and mining technology.

Section 58
Credited Activities

Activities that may be credited as expenditures for development of mining communities, and science
and mining technology are the following:

a. Any activity or expenditure intended to enhance the development of the mining and
neighboring communities of a mining operation other than those required or provided for
under existing laws, or collective bargaining agreements, and the like; and

b. Any activity or expenditure directed towards the development of geosciences and mining
technology such as, but not limited to, institutional and manpower development, and basic
and applied researches. Appropriate supervision and control mechanisms shall be
prescribed in the implementing rules and regulations of this Act.

Section 59
Training and Development

A contractor shall maintain an effective program of manpower training and development throughout
the term of the mineral agreement and shall encourage and train Filipinos to participate in all aspects
of the mining operations, including the management thereof. For highly-technical and specialized
mining operations, the contractor may, subject to the necessary government clearances, employ
qualified foreigners.

Section 60
Use of Indigenous Goods, Services and Technologies

A contractor shall give preference to the use of local goods, services and scientific and technical
resources in the mining operations, where the same are of equivalent quality, and are available on
equivalent terms as their imported counterparts.

Section 61
Donations/Turn Over of Facilities

Prior to cessation of mining operations occasioned by abandonment or withdrawal of operations, on

public lands by the contractor, the latter shall have a period of one (1) year therefrom within which to
remove his improvements; otherwise, all the social infrastructure and facilities shall be turned over or
donated tax-free to the proper government authorities, national or local, to ensure that said
infrastructure and facilities are continuously maintained and utilized by the host and neighboring
communities.
 Section 62
Employment of Filipinos

A contractor shall give preference to Filipino citizens in all types of mining employment within the
country insofar as such citizens are qualified to perform the corresponding work with reasonable
efficiency and without hazard to the safety of the operations. The contractor, however, shall not be
hindered from hiring employees of his own selection, subject to the provisions of Commonwealth Act
No. 613, as amended, for technical and specialized work which, in his judgment and with the
approval of the Director, requires highly-specialized training or long experience in exploration,
development or utilization of mineral resources: Provided, That in no case shall each employment
exceed five (5) years or the payback period as represented in original project study, whichever is
longer: Provided, further, That each foreigner employed as mine manager, vice-president for
operations or in an equivalent managerial position in charge of mining, milling, quarrying or drilling
operation shall:

a. Present evidence of his qualification and work experience; or

b. Shall pass the appropriate government licensure examination; or

c. In special cases, may be permitted to work by the Director for a period not exceeding one
(1) year: Provided, however, That if reciprocal privileges are extended to Filipino nationals in
the country of domicile, the Director may grant waivers or exemptions.

CHAPTER XI
SAFETY AND ENVIRONMENTAL PROTECTION

Section 63
Mines Safety and Environmental Protection

All contractors and permittees shall strictly comply with all the mines safety rules and regulations as
may be promulgated by the Secretary concerning the safe and sanitary upkeep of the mining
operations and achieve waste-free and efficient mine development. Personnel of the Department
involved in the implementation of mines safety, health and environmental rules and regulations shall
be covered under Republic Act No. 7305.

Section 64
Mine Labor

No person under sixteen (16) years of age shall be employed in any phase of mining operations and
no person under eighteen (18) years of age shall be employed underground in a mine.

Section 65
Mine Supervision

All mining and quarrying operations that employ more than fifty (50) workers shall have at least one
(1) licensed mining engineer with at least five (5) years of experience in mining operations, and one
(1) registered foreman.
 Section 66
Mine Inspection

The regional director shall have exclusive jurisdiction over the safety inspection of all installations,
surface or underground, in mining operations at reasonable hours of the day or night and as much
as possible in a manner that will not impede or obstruct work in progress of a contractor or
permittee.

Section 67
Power to Issue Orders

The mines regional director shall, in consultation with the Environmental Management Bureau,
forthwith or within such time as specified in his order, require the contractor to remedy any practice
connected with mining or quarrying operations, which is not in accordance with safety and anti-
pollution laws and regulations. In case of imminent danger to life or property, the mines regional
director may summarily suspend the mining or quarrying operations until the danger is removed, or
appropriate measures are taken by the contractor or permittee.

Section 68
Report of Accidents

In case of any incident or accident, causing or creating the danger of loss of life or serious physical
injuries, the person in charge of operations shall immediately report the same to the regional office
where the operations are situated. Failure to report the same without justifiable reason shall be a
cause for the imposition of administrative sanctions prescribed in the rules and regulations
implementing this Act.

Section 69
Environmental Protection

Every contractor shall undertake an environmental protection and enhancement program covering
the period of the mineral agreement or permit. Such environmental program shall be incorporated in
the work program which the contractor or permittee shall submit as an accompanying document to
the application for a mineral agreement or permit. The work program shall include not only plans
relative to mining operations but also to rehabilitation, regeneration, revegetation and reforestation of
mineralized areas, slope stabilization of mined-out and tailings covered areas, aquaculture,
watershed development and water conservation; and socioeconomic development.

Section 70
Environmental Impact Assessment (EIA)

Except during the exploration period of a mineral agreement or financial or technical assistance
agreement or an exploration permit, an environmental clearance certificate shall be required based
on an environmental impact assessment and procedures under the Philippine Environmental Impact
Assessment System including Sections 26 and 27 of the Local Government Code of 1991 which
require national government agencies to maintain ecological balance, and prior consultation with the
local government units, non-governmental and people's organizations and other concerned sectors
of the community: Provided, That a completed ecological profile of the proposed mining area shall
also constitute part of the environmental impact assessment. People's organizations and non-
governmental organizations shall be allowed and encouraged to participate in ensuring that
contractors/permittees shall observe all the requirements of environmental protection.
 Section 71
Rehabilitation

Contractors and permittees shall technically and biologically rehabilitate the excavated, mined-out,
tailings covered and disturbed areas to the condition of environmental safety, as may be provided in
the implementing rules and regulations of this Act. A mine rehabilitation fund shall be created, based
on the contractor's approved work program, and shall be deposited as a trust fund in a government
depository bank and used for physical and social rehabilitation of areas and communities affected by
mining activities and for research on the social, technical and preventive aspects of rehabilitation.
Failure to fulfill the above obligation shall mean immediate suspension or closure of the mining
activities of the contractor/permittee concerned.

CHAPTER XII
AUXILIARY MINING RIGHTS

Section 72
Timber Rights

Any provision of law to the contrary notwithstanding, a contractor may be granted a right to cut trees
or timber within his mining area as may be necessary for his mining operations subject to forestry
laws, rules and regulations: Provided, That if the land covered by the mining area is already covered
by existing timber concessions, the volume of timber needed and the manner of cutting and removal
thereof shall be determined by the mines regional director, upon consultation with the contractor, the
timber concessionaire/permittee and the Forest Management Bureau of the Department: Provided,
further, That in case of disagreement between the contractor and the timber concessionaire, the
matter shall be submitted to the Secretary whose decision shall be final. The contractor shall perform
reforestation work within his mining area in accordance with forestry laws, rules and regulations.

Section 73
Water Rights

A contractor shall have water rights for mining operations upon approval of application with the
appropriate government agency in accordance with existing water laws, rules and regulations
promulgated thereunder: Provided, That water rights already granted or vested through long use,
recognized and acknowledged by local customs, laws, and decisions of courts shall not thereby be
impaired: Provided, further, That the Government reserves the right to regulate water rights and the
reasonable and equitable distribution of water supply so as to prevent the monopoly of the use
thereof.

Section 74
Right to Possess Explosives

A contractor/exploration permittee shall have the right to possess and use explosives within his
contract/permit area as may be necessary for his mining operations upon approval of application
with the appropriate government agency in accordance with existing laws, rules and regulations
promulgated thereunder: Provided, That the Government reserves the right to regulate and control
the explosive accessories to ensure safe mining operations.
 Section 75
Easement Rights

When mining areas are so situated that for purposes of more convenient mining operations it is
necessary to build, construct or install on the mining areas or lands owned, occupied or leased by
other persons, such infrastructure as roads, railroads, mills, waste dump sites, tailings ponds,
warehouses, staging or storage areas and port facilities, tramways, runways, airports, electric
transmission, telephone or telegraph lines, dams and their normal flood and catchment areas, sites
for water wells, ditches, canals, new river beds, pipelines, flumes, cuts, shafts, tunnels, or mills, the
contractor, upon payment of just compensation, shall be entitled to enter and occupy said mining
areas or lands.

Section 76
Entry into Private Lands and Concession Areas

Subject to prior notification, holders of mining rights shall not be prevented from entry into private
lands and concession areas by surface owners, occupants, or concessionaires when conducting
mining operations therein: Provided, That any damage done to the property of the surface owner,
occupant, or concessionaire as a consequence of such operations shall be properly compensated as
may be provided for in the implementing rules and regulations: Provided, further, That to guarantee
such compensation, the person authorized to conduct mining operation shall, prior thereto, post a
bond with the regional director based on the type of properties, the prevailing prices in and around
the area where the mining operations are to be conducted, with surety or sureties satisfactory to the
regional director.

CHAPTER XIII
SETTLEMENT OF CONFLICTS

Section 77
Panel of Arbitrators

There shall be a panel of arbitrators in the regional office of the Department composed of three (3)
members, two (2) of whom must be members of the Philippine Bar in good standing and one a
licensed mining engineer or a professional in a related field, and duly designated by the Secretary as
recommended by the Mines and Geosciences Bureau Director. Those designated as members of
the panel shall serve as such in addition to their work in the Department without receiving any
additional compensation As much as practicable, said members shall come from the different
bureaus of the Department in the region. The presiding officer thereof shall be selected by the
drawing of lots. His tenure as presiding officer shall be on a yearly basis. The members of the panel
shall perform their duties and obligations in hearing and deciding cases until their designation is
withdrawn or revoked by the Secretary. Within thirty (30) working days, after the submission of the
case by the parties for decision, the panel shall have exclusive and original jurisdiction to hear and
decide on the following:

a. Disputes involving rights to mining areas;

b. Disputes involving mineral agreements or permits;

 c. Disputes involving surface owners, occupants and claimholders/concessionaires; and

d. Disputes pending before the Bureau and the Department at the date of the effectivity of
this Act.

Section 78
Appellate Jurisdiction

The decision or order of the panel of arbitrators may be appealed by the party not satisfied thereto to
the Mines Adjudication Board within fifteen (15) days from receipt thereof which must decide the
case within thirty (30) days from submission thereof for decision.

Section 79
Mines Adjudication Board

The Mines Adjudication Board shall be composed of three (3) members. The Secretary shall be the
chairman with the Director of the Mines and Geosciences Bureau and the Undersecretary for
Operations of the Department as members thereof. The Board shall have the following powers and
functions:

a. To promulgate rules and regulations governing the hearing and disposition of cases before
it, as well as those pertaining to its internal functions, and such rules and regulations as may
be necessary to carry out its functions;

b. To administer oaths, summon the parties to a controversy, issue subpoenas requiring the
attendance and testimony of witnesses or the production of such books, papers, contracts,
records, statement of accounts, agreements, and other documents as may be material to a
just determination of the matter under investigation, and to testify in any investigation or
hearing conducted in pursuance of this Act;

c. To conduct hearings on all matters within its jurisdiction, proceed to hear and determine
the disputes in the absence of any party thereto who has been summoned or served with
notice to appear, conduct its proceedings or any part thereof in public or in private, adjourn
its hearings at any time and place, refer technical matters or accounts to an expert and to
accept his report as evidence after hearing of the parties upon due notice, direct parties to be
joined in or excluded from the proceedings, correct, amend, or waive any error, defect or
irregularity, whether in substance or in form, give all such directions as it may deem
necessary or expedient in the determination of the dispute before it, and dismiss the mining
dispute as part thereof, where it is trivial or where further proceedings by the Board are not
necessary or desirable:

1. To hold any person in contempt, directly or indirectly, and impose appropriate

penalties therefor; and

2. To enjoin any or all acts involving or arising from any case pending before it which,
if not restrained forthwith, may cause grave or irreparable damage to any of the
parties to the case or seriously affect social and economic stability.

In any proceeding before the Board, the rules of evidence prevailing in courts of law or equity shall
not be controlling and it is the spirit and intention of this Act that shall govern. The Board shall use
every and all reasonable means to ascertain the facts in each case speedily and objectively and
without regard to technicalities of law or procedure, all in the interest of due process. In any
proceeding before the Board, the parties may be represented by legal counsel. The findings of fact
of the Board shall be conclusive and binding on the parties and its decision or order shall be final
and executory.

A petition for review by certiorari and question of law may be filed by the aggrieved party with the
Supreme Court within thirty (30) days from receipt of the order or decision of the Board.

CHAPTER XIV
GOVERNMENT SHARE

Section 80
Government Share in Mineral Production Sharing Agreement

The total government share in a mineral production sharing agreement shall be the excise tax on
mineral products as provided in Republic Act No. 7729, amending Section 151(a) of the National
Internal Revenue Code, as amended.

Section 81
Government Share in Other Mineral Agreements

The share of the Government in co-production and joint-venture agreements shall be negotiated by
the Government and the contractor taking into consideration the:

a. capital investment of the project;

b. risks involved;

c. contribution of the project to the economy; and

d. other factors that will provide for a fair and equitable sharing between the Government and
the contractor.

The Government shall also be entitled to compensations for its other contributions which shall be
agreed upon by the parties, and shall consist, among other things, the contractor's income tax,
excise tax, special allowance, withholding tax due from the contractor's foreign stockholders arising
from dividend or interest payments to the said foreign stockholders, in case of a foreign national, and
all such other taxes, duties and fees as provided for under existing laws.

The Government share in financial or technical assistance agreement shall consist of, among other
things, the contractor's corporate income tax, excise tax, special allowance, withholding tax due from
the contractor's foreign stockholders arising from dividend or interest payments to the said foreign
stockholder in case of a foreign national and all such other taxes, duties and fees as provided for
under existing laws.

The collection of Government share in financial or technical assistance agreement shall commence
after the financial or technical assistance agreement contractor has fully recovered its pre-operating
expenses, exploration, and development expenditures, inclusive.
 Section 82
Allocation of Government Share

The Government share as referred to in the preceding sections shall be shared and allocated in
accordance with Sections 290 and 292 of Republic Act No. 7160 otherwise known as the Local
Government Code of 1991. In case the development and utilization of mineral resources is
undertaken by a government-owned or -controlled corporation, the sharing and allocation shall be in
accordance with Sections 291 and 292 of the said Code.

CHAPTER XV
TAXES AND FEES

Section 83
Income Taxes

After the lapse of the income tax holiday as provided for in the Omnibus Investments Code, the
contractor shall be liable to pay income tax as provided in the National Internal Revenue Code, as
amended.

Section 84
Excise Tax on Mineral Products

The contractor shall be liable to pay the excise tax on mineral products as provided for under
Section 151 of the National Internal Revenue Code: Provided, however, That with respect to a
mineral production sharing agreement, the excise tax on mineral products shall be the government
share under said agreement.

Section 85
Mine Wastes and Tailings Fees

A semi-annual fee to be known as mine wastes and tailings fee is hereby imposed on all operating
mining companies in accordance with the implementing rules and regulations. The mine wastes and
tailings fee shall accrue to a reserve fund to be used exclusively for payment for damages to:

a. Lives and personal safety;

b. Lands, agricultural crops and forest products, marine life and aquatic resources, cultural
resources; and

c. Infrastructure and the revegetation and rehabilitation of silted farm lands and other areas
devoted to agriculture and fishing caused by mining pollution.

This is in addition to the suspension or closure of the activities of the contractor at any time and the
penal sanctions imposed upon the same.

The Secretary is authorized to increase mine wastes and tailings fees, when public interest so
requires, upon the recommendation of the Director.
 Section 86
Occupation Fees

There shall be collected from any holder of a mineral agreement, financial or technical assistance
agreement or exploration permit on public or private lands, an annual occupation fee in accordance
with the following schedule:

a. For exploration permit - Five pesos (P5.00) per hectare or fraction thereof per annum;

b. For mineral agreements and financial or technical assistance agreements - Fifty pesos
(P50.00) per hectare or fraction thereof per annum; and

c. For mineral reservation - One hundred pesos (P100.00) per hectare or fraction thereof per
annum.

The Secretary is authorized to increase the occupation fees provided herein when the public interest
so requires, upon recommendation of the Bureau Director.

Section 87
Manner of Payment of Fees

The fees shall be paid on the date the mining agreement is registered with the appropriate office and
on the same date every year thereafter. It shall be paid to the treasurer of the municipality or city
where the onshore mining areas are located, or to the Director in case of offshore mining areas. For
this purpose, the appropriate officer shall submit to the treasurer of the municipality or city where the
onshore mining area is located, a complete list of all onshore mining rights registered with his office,
indicating therein the names of the holders, area in hectares, location, and date registered. If the fee
is not paid on the date specified, it shall be increased by twenty-five per centum (25%).

Section 88
Allocation of Occupation Fees

Thirty per centum (30%) of all occupational fees collected from holders of mining rights in onshore
mining areas shall accrue to the province and seventy per centum (70%) to the municipality in which
the onshore mining areas are located. In a chartered city, the full amount shall accrue to the city
concerned.

Section 89
Filing Fees and Other Charges

The Secretary is authorized to charge reasonable filing fees and other charges as he may prescribe
in accordance with the implementing rules and regulations.

CHAPTER XVI
INCENTIVES

Section 90
Incentives
The contractors in mineral agreements, and financial or technical assistance agreements shall be
entitled to the applicable fiscal and non-fiscal incentives as provided for under Executive Order No.
226, otherwise known as the Omnibus Investments Code of 1987. Provided, That holders of
exploration permits may register with the Board of Investments and be entitled to the fiscal
incentives granted under the said Code for the duration of the permits or extensions thereof:
Provided, further, That mining activities shall always be included in the investment priorities plan.

Section 91
Incentives for Pollution Control Devices

Pollution control devices acquired, constructed or installed by contractors shall not be considered as
improvements on the land or building where they are placed, and shall not be subject to real
property and other taxes or assessments: Provided, however, That payment of mine wastes and
tailings fees is not exempted.

Section 92
Income Tax-Carry Forward of Losses

A net operating loss without the benefit of incentives incurred in any of the first ten (10) years of
operations may be carried over as a deduction from taxable income for the next five (5) years
immediately following the year of such loss. The entire amount of the loss shall be carried over to the
first of the five (5) taxable years following the loss, and any portion of such loss which exceeds the
taxable income of such first year shall be deducted in like manner from the taxable income of the
next remaining four (4) years.

Section 93
Income Tax-Accelerated Depreciation

Fixed assets may be depreciated as follows:

a. To the extent of not more than twice as fast as the normal rate of depreciation or
depreciated at normal rate of depreciation if the expected life is ten (10) years or less; or

b. Depreciated over any number of years between five (5) years and the expected life if the
latter is more than ten (10) years, and the depreciation thereon allowed as deduction from
taxable income: Provided, That the contractor notifies the Bureau of Internal Revenue at the
beginning of the depreciation period which depreciation rate allowed by this section will be
used.

In computing for taxable income, unless otherwise provided in this Act, the contractor may, at his
option, deduct exploration and development expenditures accumulated at cost as of the date of the
prospecting or exploration and development expenditures paid or incurred during the taxable year:
Provided, That the total amount deductible for exploration and development expenditures shall not
exceed twenty-five per centum (25%) of the net income from mining operations. The actual
exploration and development expenditures minus the twenty-five per centum (25%) net income from
mining shall be carried forward to the succeeding years until fully deducted.

Net income from mining operation is defined as gross income from operations less allowable
deductions which are necessary or related to mining operations. Allowable deductions shall include
mining, milling and marketing expenses, depreciation of properties directly used in the mining
operations. This paragraph shall not apply to expenditures for the acquisition or improvement of
property of a character which is subject to the allowances for depreciation.
 Section 94
Investment Guarantees

The contractor shall be entitled to the basic rights and guarantees provided in the Constitution and
such other rights recognized by the government as enumerated hereunder:

a. Repatriation of investments. The right to repatriate the entire proceeds of the liquidation of
the foreign investment in the currency in which the investment was originally made and at the
exchange rate prevailing at the time of repatriation.

b. Remittance of earnings. The right to remit earnings from the investment in the currency in
which the foreign investment was originally made and at the exchange rate prevailing at the
time of remittance.

c. Foreign loans and contracts. The right to remit at the exchange rate prevailing at the time
of remittance such sums as may be necessary to meet the payments of interest and principal
on foreign loans and foreign obligations arising from financial or technical assistance
contracts.

d. Freedom from expropriation. The right to be free from expropriation by the Government of
the property represented by investments or loans, or of the property of the enterprise except
for public use or in the interest of national welfare or defense and upon payment of just
compensation. In such cases, foreign investors or enterprises shall have the right to remit
sums received as compensation for the expropriated property in the currency in which the
investment was originally made and at the exchange rate prevailing at the time of remittance.

e. Requisition of investment. The right to be free from requisition of the property represented
by the investment or of the property of the enterprises except in case of war or national
emergency and only for the duration thereof. Just compensation shall be determined and
paid either at the time or immediately after cessation of the state of war or national
emergency. Payments received as compensation for the requisitioned property may be
remitted in the currency in which the investments were originally made and at the exchange
rate prevailing at the time of remittance.

f. Confidentiality. Any confidential information supplied by the contractor pursuant to this Act
and its implementing rules and regulations shall be treated as such by the Department and
the Government, and during the term of the project to which it relates.

CHAPTER XVII
GROUND FOR CANCELLATION, REVOCATION, AND TERMINATION

Section 95
Late or Non-filing of Requirements

Failure of the permittee or contractor to comply with any of the requirements provided in this Act or in
its implementing rules and regulations, without a valid reason, shall be sufficient ground for the
suspension of any permit or agreement provided under this Act.
 Section 96
Violation of the Terms and Conditions of Permits or Agreements

Violation of the terms and conditions of the permits or agreements shall be a sufficient ground for
cancellation of the same.

Section 97
Non-Payment of Taxes and Fees

Failure to pay the taxes and fees due the Government for two (2) consecutive years shall cause the
cancellation of the exploration permit, mineral agreement, financial or technical assistance
agreement and other agreements and the re-opening of the area subject thereof to new applicants.

Section 98
Suspension or Cancellation of Tar Incentives and Credits

Failure to abide by the terms and conditions of tax incentive and credits shall cause the suspension
or cancellation of said incentives and credits.

Section 99
Falsehood or Omission of Facts in the Statement

All statements made in the exploration permit, mining agreement and financial or technical
assistance agreement shall be considered as conditions and essential parts thereof and any
falsehood in said statements or omission of facts therein which may alter, change or affect
substantially the facts set forth in said statements may cause the revocation and termination of the
exploration permit, mining agreement and financial or technical assistance agreement.

CHAPTER XVIII
ORGANIZATIONAL AND INSTITUTIONAL ARRANGEMENTS

Section 100
From Staff Bureau to Line Bureau

The Mines and Geosciences Bureau is hereby transformed into a line bureau consistent with Section
9 of this Act: Provided, That under the Mines and Geosciences Bureau shall be the necessary mines
regional, district and other pertinent offices - the number and specific functions of which shall be
provided in the implementing rules and regulations of this Act.

CHAPTER XIX
PENAL PROVISIONS

Section 101
False Statements
Any person who knowingly presents any false application, declaration, or evidence to the
Government or publishes or causes to be published any prospectus or other information containing
any false statement relating to mines, mining operations or mineral agreements, financial or
technical assistance agreements and permits shall, upon conviction, be penalized by a fine of not
exceeding Ten thousand pesos (P10,000.00).

Section 102
Illegal Exploration

Any person undertaking exploration work without the necessary exploration permit shall, upon
conviction, be penalized by a fine of not exceeding Fifty thousand pesos (P50,000.00).

Section 103
Theft of Minerals

Any person extracting minerals and disposing the same without a mining agreement, lease, permit,
license, or steals minerals or ores or the products thereof from mines or mills or processing plants
shall, upon conviction, be imprisoned from six (6) months to six (6) years or pay a fine from Ten
thousand pesos (P10,000.00) to Twenty thousand pesos (P20,000.00) or both, at the discretion of
the appropriate court. In addition, he shall be liable to pay damages and compensation for the
minerals removed, extracted, and disposed of. In the case of associations, partnerships, or
corporations, the president and each of the directors thereof shall be responsible for the acts
committed by such association, corporation, or partnership.

Section 104
Destruction of Mining Structures

Any person who willfully destroys or damages structures in or on the mining area or on the mill sites
shall, upon conviction, be imprisoned for a period not to exceed five (5) years and shall, in addition,
pay compensation for the damages which may have been caused thereby.

Section 105
Mines Arson

Any person who willfully sets fire to any mineral stockpile, mine or workings, fittings or a mine, shall
be guilty of arson and shall be punished, upon conviction, by the appropriate court in accordance
with the provisions of the Revised Penal Code and shall, in addition, pay compensation for the
damages caused hereby.

Section 106
Willful Damage to a Mine

Any person who willfully damages a mine, unlawfully causes water to run into a mine, or obstructs
any shaft or passage to a mine, or renders useless, damages or destroys any machine, appliance,
apparatus, rope, chain, tackle, or any other things used in a mine, shall be punished, upon
conviction, by the appropriate court, by imprisonment not exceeding a period of five (5) years and
shall, in addition, pay compensation for the damages caused thereby.

Section 107
Illegal Obstruction to Permittees or Contractors
Any person who, without justifiable cause, prevents or obstructs the holder of any permit, agreement
or lease from undertaking his mining operations shall be punished, upon conviction by the
appropriate court, by a fine not exceeding Five thousand pesos (P5,000.00) or imprisonment not
exceeding one (1) year, or both, at the discretion of the court.

Section 108
Violation of the Terms and Conditions of the Environmental Compliance Certificate

Any person who willfully violates or grossly neglects to abide by the terms and conditions of the
environmental compliance certificate issued to said person and which causes environmental
damage through pollution shall suffer the penalty of imprisonment of six (6) months to six (6) years
or a fine of Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00), or
both, at the discretion of the court.

Section 109
Illegal Obstruction to Government Officials

Any person who illegally prevents or obstructs the Secretary, the Director or any of their
representatives in the performance of their duties under the provisions of this Act and of the
regulations promulgated hereunder shall be punished upon conviction, by the appropriate court, by a
fine not exceeding Five thousand pesos (P5,000.00) or by imprisonment not exceeding one (1) year,
or both, at the discretion of the court.

Section 110
Other Violations

Any other violation of this Act and its implementing rules and regulations shall constitute an offense
punishable with a fine not exceeding Five thousand pesos (P5,000.00).

Section 111
Fines

The Secretary is authorized to charge fines for late or non-submission of reports in accordance with
the implementing rules and regulations of this Act.

CHAPTER XX
TRANSITORY AND MISCELLANEOUS PROVISIONS

Section 112
Non-Impairment of Existing Mining/Quarrying Rights

All valid and existing mining lease contracts, permits/licenses, leases pending renewal, mineral
production-sharing agreements granted under Executive Order No. 279, at the date of effectivity of
this Act, shall remain valid, shall not be impaired, and shall be recognized by the Government:
Provided, That the provisions of Chapter XIV on government share in mineral production-sharing
agreement and of Chapter XVI on incentives of this Act shall immediately govern and apply to a
mining lessee or contractor unless the mining lessee or contractor indicates his intention to the
secretary, in writing, not to avail of said provisions: Provided, further, That no renewal of mining
lease contracts shall be made after the expiration of its term: Provided, finally, That such leases,
production-sharing agreements, financial or technical assistance agreements shall comply with the
applicable provisions of this Act and its implementing rules and regulations.

Section 113
Recognition of Valid and Existing Mining Claims and Lease/Quarry Applications

Holders of valid and existing mining claims, lease/quarry applications shall be given preferential
rights to enter into any mode of mineral agreement with the government within two (2) years from the
promulgation of the rules and regulations implementing this Act.

Section 114
Separability Clause

If any of the provision of this Act is held or declared to be unconstitutional or invalid by a competent
court, the other provisions hereof shall continue to be in force as if the provision so annulled or
voided had never been incorporated in this Act.

Section 115
Repealing and Amending Clause

All laws, executive orders, presidential decrees, rules and regulations or parts thereof which are
inconsistent with any of the provisions of this Act are hereby repealed or amended accordingly.

Section 116
Effectivity Clause

This Act shall take effect thirty (30) days following its complete publication in two (2) newspapers of
general circulation in the Philippines.

Approved,

EDGARDO J. ANGARA JOSE DE VENECIA, JR.

President of the Senate Speaker of the House of
Representatives

This Act which is a consolidation of House Bill No. 10816 and Senate Bill No. 1639 was finally
passed by the House of Representatives and the Senate on February 20, 1995.

EDGARDO E. TUMANGAN CAMILO L. SABIO

Secretary of Senate Secretary General
House of Represenatives

Approved: MARCH 03 1995

FIDEL V. RAMOS
President of the Philippines
 Republic of the Philippines
Congress of the Philippines
Metro Manila

Twelfth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand three.

Republic Act No. 9275 March 22, 2004

AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR

OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

CHAPTER 1
GENERAL PROVISIONS

ARTICLE 1
DECLARATION OF PRINCIPLES AND POLICIES

SECTION 1. Short Title. - This Act shall be known as the "Philippine Clean Water Act of 2004."

SECTION 2. Declaration of Policy. - The State shall pursue a policy of economic growth in a
manner consistent with the protection, preservation and revival of the quality of our fresh, brackish
and marine waters. To achieve this end, the framework for sustainable development shall be
pursued. As such, it shall be the policy of the State:

a) To streamline processes and procedures in the prevention, control and abatement of

pollution of the country's water resources;

b) To promote environmental strategies, use of appropriate economic instruments and of

control mechanisms for the protection of water resources;

c) To formulate a holistic national program of water quality management that recognizes that
water quality management issues cannot be separated from concerns about water sources
and ecological protection, water supply, public health and quality of life;

d) To formulate an integrated water quality management framework through proper

delegation and effective coordination of functions and activities;

e) promote commercial and industrial processes and products that are environment friendly
and energy efficient;
 f) To encourage cooperation and self-regulation among citizens and industries through the
application of incentives and market-based instruments and to promote the role of private
industrial enterprises in shaping its regulatory profile within the acceptable boundaries of
public health and environment;

g) To provide for a comprehensive management program for water pollution focusing on

pollution prevention;

h) To promote public information and education and to encourage the participation of an

informed and active public in water quality management and monitoring;

i) To formulate and enforce a system of accountability for short and long-term adverse
environmental impact of a project, program or activity; and

j) To encourage civil society and other sectors, particularly labor, the academe and business
undertaking environment-related activities in their efforts to organize, educate and motivate
the people in addressing pertinent environmental issues and problems at the local and
national levels.

SECTION 3. Coverage of the Act. - This Act shall apply to water quality management in all water
bodies: Provided, That it shall primarily apply to the abatement and control of pollution from land
based sources: Provided, further, That the water quality standards and regulations and the civil
liability and penal provisions under this Act shall be enforced irrespective of sources of pollution.

ARTICLE 2
DEFINITION OF TERMS

SECTION 4. Definition of Terms. - As used in this Act:

a) Aquifer - means a layer of water-bearing rock located underground that transmits water in
sufficient quantity to supply pumping wells or natural springs.

b) Aquatic life - means all organisms living in freshwater, brackish and marine environment.

c) Beneficial use - means the use of the environment or any element or segment thereof
conducive to public or private welfare, safety and health; and shall include, but not be limited
to, the use of water for domestic, municipal, irrigation, power generation, fisheries, livestock
raising, industrial, recreational and other purposes.

1. Use of water for domestic purposes - means the utilization of water for drinking,
washing, bathing, cooking or other household needs, home gardens and watering of
lawns or domestic animals;

2. Use of water for municipal purposes - means the utilization of water for supplying
water requirements of the community;

3. Use of water for irrigation - means the utilization of water for producing agricultural
crops;

4. Use of water for power generation - means the utilization of water for producing
electrical or mechanical power;
 5. Use of water for fisheries - means the utilization of water for the propagation of
culture of fish as a commercial enterprise;

6. Use of water for livestock raising - means the utilization of water for large herds or
flocks of animals raised as a commercial enterprise;

7. Use of water for industrial purposes - means the utilization of water in factories,
industrial plants and mines, including the use of water as an ingredient of a finished
product; and

8. Use of water for recreational purposes - means the utilization of water for
swimming pools, bath houses, boating, water skiing, golf courses and other similar
facilities in resorts and other places of recreation.

d) Classification/Reclassification of Philippine Waters - means the categorization of all water

bodies taking into account, among others, the following: (1) existing quality of the body of
water; (2) size, depth, surface area covered, volume, direction, rate of flow and gradient of
stream; (3) most beneficial existing and future use of said bodies of water and lands
bordering them, such as for residential, agricultural, aquacultural, commercial, industrial,
navigational, recreational, wildlife conservation and aesthetic purposes; and (4) vulnerability
of surface and groundwater to contamination from pollutive and hazardous wastes,
agricultural chemicals and underground storage tanks of petroleum products.

e) Civil Society - means non-government organizations (NGOs) and people's organizations

(POs).

f) Cleaner Production - means the application of an integrated, preventive environmental

strategy to processes, products, services to increase efficiency and reduce risk to humans
and the environment;

g) Clean-up operations - means activities involving the removal of pollutants discharged or

spilled into a water body and its surrounding areas, and the restoration of the affected areas
to their former physical, chemical and biological state or conditions.

h) Contamination - means the production of substances not found in the natural composition
of water that make the water less desirable or unfit desirable or unfit for intended use.

i) Department - means the Department of Environment and Natural Resources.

j) Discharge includes, but is not limited to, the act of spilling, leaking, pumping, pouring,
emitting, emptying, releasing or dumping of any material into a water body or onto land from
which it might flow or drain into said water.

k) Drinking water- means water intended for human consumption or for use in food
preparation.

l) Dumping - means any unauthorized or illegal disposal into any body of water or land of
wastes or toxic or hazardous material: Provided, That it does not mean a release of effluent
coming from commercial, industrial, and domestic sources which are within the effluent
standards.
m) Effluent - means discharge from known sources which is passed into a body of water or
land, or wastewater flowing out of a manufacturing plant, industrial plant including domestic,
commercial and recreational facilities.

n) Effluent standard - means any legal restriction or limitation on quantities, rates, and/or
concentrations or any combination thereof, of physical, chemical or biological parameters of
effluent which a person or point source is allowed to discharge into a body of water or land.

o) Environmental management - means the entire system which includes, but is not limited
to, conservation, regulation and minimization of pollution, clean production, waste
management, environmental law and policy, environmental education and information, study
and mitigation of the environmental impacts of human activity, and environmental research.

p) Environmental management system - means the part of the overall management system
that includes organizational structure, planning activities, responsibilities, practices,
procedures, processes and resources for developing, implementing, achieving, reviewing
and maintaining the environment policy.

q) Freshwater - means water containing less than 500 ppm dissolved common salt, sodium
chloride, such as that in groundwater, rivers, ponds and lakes.

r) Groundwater - means a subsurface water that occurs beneath a water table in soils and
rocks, or in geological formations.

s) Groundwater vulnerability - means relative ease with which a contaminant located at or

near the land surface can migrate to the aquifer or deep well.

t) Groundwater vulnerability map - means the identified areas of the land surface where
groundwater quality is most at risk from human activities and shall reflect the different
degrees of groundwater vulnerability based on a range of soil properties and hydro
geological criteria to serve as guide in the protection of the groundwater from contamination.

u) Hazardous waste - means any waste or combination of wastes of solid liquid, contained
gaseous, or semi-solid form which cause, of contribute to, an increase in mortality or an
increase in serious irreversible, or incapacitating reversible illness, taking into account
toxicity of such waste, its persistence and degradability in nature, its potential for
accumulation or concentration in tissue, and other factors that may otherwise cause or
contribute to adverse acute or chronic effects on the health of persons or organism.

v) Industrial waste - means any solid, semi-solid or liquid waste material with no commercial
value released by a manufacturing or processing plant other than excluded material.

w) Integrated Water Quality Management Framework - means the policy guideline

integrating all the existing frameworks prepared by all government agencies contain the
following; water quality goals and targets; (b) period of compliance; (c) water pollution control
strategies and techniques; (d) water quality information and education program; (e) human
resources development program.

x) Margin - means a landward and outer limiting edge adjacent to the border of any water
bodies or a limit beyond where beyond where saturation zone ceases to exist.
y) National Water Quality Status Report - means a report to be prepared by the Department
indicating: a) the location of water bodies, their quality, taking into account seasonal, tidal
and others variations, existing and potential uses and sources of pollution per specific
pollutant and pollution load assessment; b) water quality management areas pursuant to
Section 5 of this Act; c) and water classification.

z) Non-point source - means any source of pollution not identifiable as point source to
include, but not be limited to, runoff from irrigation or rainwater, which picks up pollutants
from farms and urban areas.

aa) Point source - means any identifiable source of pollution with specific point of discharge
into a particular water body.

bb) Pollutant- shall refer to any substance, whether solid, liquid, gaseous or radioactive,
which directly or indirectly:

(i) alters the quality of any segment of the receiving water body to affect or tend to
affect adversely any beneficial use thereof;

(ii) is hazardous or potential hazardous to health;

(iii) imparts objectionable odor, temperature change, or physical, chemical or

biological change to any segment of the water body; or

(iv) is in excess of the allowable limits, concentrations, or quality standards specified,

or in contravention of the condition, limitation or restriction prescribed in this Act.

cc) Pollution control technology- means pollution control devices or apparatus, processes, or
other means that effectively prevent control or reduce pollution of water caused by effluents
and other discharges, from any point source at levels within the water pollution standards.

dd) Potentially infectious medical waste- include isolation wastes, infectious agents, human
blood and blood products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, and other disposable medical equipment and material that may pose a risk
to the public health, welfare or the marine environment.

ee) Secretary - means the Secretary of the Department of Environmental and Natural
Resources (DENR).

ff) Septage - means the sludge produced on individual onsite wastewater disposal systems,
principally septic tanks and cesspools.

gg) Sewage - means water-borne human or animal wastes, excluding oil or oil wastes,
removed from residences, building, institutions, industrial and commercial establishments
together with such groundwater, surface water and storm water as maybe present including
such waste from vessels, offshore structures, other receptacles intended to receive or retain
waste or other places or the combination thereof.

hh) Sewerage - includes, but is not limited to, any system or network of pipelines, ditches,
channels, or conduits including pumping stations, lift stations and force mains, service
connections including other constructions, devices, and appliances appurtenant thereto,
which includes the collection, transport, pumping and treatment of sewage to a point of
disposal.

ii) Sludge - means any solid, semi-solid or liquid waste or residue generated from a
wastewater treatment plant, water supply treatment plant, or water control pollution facility, or
any other such waste having similar characteristics and effects.

jj) Surface water - means all water, which is open to the atmosphere and subject to surface
runoff.

kk) Treatment - means any method, technique, or process designed to alter the physical,
chemical or biological and radiological character or composition of any waste or wastewater
to reduce or prevent pollution.

ll) Toxic amount - means the lowest amount of concentration of toxic pollutants, which may
cause chronic or long-term acute or lethal conditions or effects to the aquatic life, or health of
persons or which may adversely affect designated water uses.

mm) Waste - means any material either solid, liquid, semisolid, contained gas or other forms
resulting industrial, commercial, mining or agricultural operations, or from community and
household activities that is devoid of usage and discarded.

nn) Wastewater - means waste in liquid state containing pollutants.

oo) Water body - means both natural and man-made bodies of fresh, brackish, and saline
waters, and includes, but is not limited to, aquifers, groundwater, springs, creeks, streams,
rivers, ponds, lagoons, water reservoirs, lakes, bays, estuarine, coastal and marine waters.
Water bodies do not refer to those constructed, developed and used purposely as water
treatment facilities and / or water storage for recycling and re-use which are integral to
process industry or manufacturing.

pp) Water Pollution - means any alteration of the physical, chemical, biological, or
radiological properties of a water body resulting in the impairment of its purity or quality.

qq) Water Quality - means the characteristics of water, which define its use in characteristics
by terms of physical, chemical, biological, bacteriological or radiological characteristics by
which the acceptability of water is evaluated.

rr) Water quality guidelines - means the level for a water constituent or numerical values of
physical, chemical, biological and bacteriological or radiological parameters which are used
to classify water resources and their use, which does not result in significant health risk and
which are not intended for direct enforcement but only for water quality management
purposes, such as determining time trends, evaluating stages of deterioration or
enhancement of the water quality, and as basis for taking positive action in preventing,
controlling or abating water pollution.

ss) Water Quality Management Area Action Plan - includes, but not be limited to, the
following: (a) goals and targets including sewerage or septage program, (b) schedule of
compliance to meet the applicable requirements of this Act; (c) water pollution control
strategies or techniques; (d) water quality information and education program; e) resource
 requirement and possible sources; f) enforcement procedures of the plan and (g) rewards
and incentives under Chapter 4 of this Act.

CHAPTER 2
WATER QUALITY MANAGEMENT SYSTEM

ARTICLE 1
GENERAL PROVISIONS

SECTION 5. Water Quality Management Area. - The Department, in coordination with National
Water Resources Board (NWRB), shall designate certain areas as water quality management areas
using appropriate physiographic units such as watershed, river basins or water resources regions.
Said management areas shall have similar hydrological, hydrogeological, meteorological or
geographic conditions which affect the physicochemical, biological and bacteriological reactions and
diffusions of pollutants in the water bodies, or otherwise share common interest or face similar
development programs, prospects or problems.

Said management area shall be governed by a governing board composed of representatives of

mayors and governors of member local government units (LGUs), and representatives of relevant
national government agencies, duly registered non-governmental organization, water utility sector,
and business sector. The Department representative shall chair the governing board. In the case of
the LGUs with memberships on more than one (1) management board, the LGU shall designate only
one (1) single representative for all the management areas wherein is a member.

The governing board shall formulate strategies to coordinate policies necessary for the effective
implementation of this Act in accordance with those established in the framework and monitor the
compliance with the action plan.

Each management area shall create a multi-sectoral group to establish and affect water quality
surveillance and monitoring network including sampling schedules and other similar activities. The
group shall submit its report and recommendation to the chairman of the governing board.

A technical secretariat for each management area is hereby created which shall be part of the
department and shall provide technical support to the governing board. They shall be composed of
at least four (4) members who shall have the following minimum qualifications:

a) One (1) member shall be a member of the Philippines Bar;

b) One (1) member shall be a Chemical Engineer, Chemist, Sanitary Engineer,

Environmental Engineer or Ecologist or significant training and experience in chemistry;

c) One (1) member shall be a Civil Engineer or Hydrologist or Significant training and
experience in closely related fields and experience on ground water, respectively; and

d) One (1) member shall be a Geologist, Biologist, or significant training and experience in
closely related fields.

The areas within the jurisdiction of the Laguna Lake Development Authority (LLDA) shall be
designated as one management area under the administration of LLDA in accordance with R.A. No.
4850, as amended: Provided, However, That the standards promulgated pursuant to this Act and
wastewater charge system established pursuant hereof shall be enforced in said area.
SECTION 6. Management of Non-attainment Areas. - The Department shall designate water
bodies, or portions thereof, where specific pollutants from either natural or man-made source have
already exceeded water quality guidelines as non-attainment areas for the exceeded pollutants. It
shall prepare and implement a program that will not allow new sources of exceeded water pollutant
in non-attainment areas without a corresponding reduction in discharges from existing sources;
Provided, That if the pollutant is naturally occurring, e.g. naturally high boron and other elements in
geothermal areas, discharge of such pollutant may be allowed: Provided, further, That the effluent
concentration of discharge shall not exceed the naturally occurring level of such pollutant in the area:
Provided, Finally, That the effluent concentration and volume of discharge shall not adversely affect
water supply, public health and ecological protection.

The Department shall, in coordination with NWRB, Department of Health (DOH), Department of
Agriculture (DA), governing board and other concerned government agencies and private sectors
shall take such measures as may be necessary to upgrade the quality of such water in non-
attainment areas to meet the standards under which it has been classified.

Upgrading of water quality shall likewise include undertakings, which shall improve the water quality
of a water body to a classification that will meet its projected or potential use.

The LGUs shall prepare and implement contingency plans and other measures including relocation,
whenever necessary, for the protection of health and welfare of the residents within potentially
affected areas.

SECTION 7. National Sewerage and Septage Management Program. - The Department of Public
Works and Highways (DPWH), through its relevant attached agencies, in coordination with the
Department, local government units (LGUs) and other concerned agencies, shall, as soon as
possible, but in no case exceeding a period of twelve (12) months from the affectivity of this Act,
prepare a national program on sewerage and septage management in connection with Section 8
hereof.

Such program shall include a priority listing of sewerage, septage and combined sewerage-septage
projects for LGUs based on population density and growth, degradation of water resources,
topography, geology, vegetation, program/projects for the rehabilitation of existing facilities and such
other factors that the Secretary may deem relevant to the protection of water quality. On the basis of
such national listing, the national government may allot, on an annual basis, funds for the
construction and rehabilitation of required facilities.

Each LGU shall appropriate the necessary land, including the required rights-of-way/road access to
the land for the construction of the sewage and/or septage treatment facilities.

Each LGU may raise funds to subsidize necessary expenses for the operation and maintenance of
sewerage treatment or septage facility servicing their area of jurisdiction through local property taxes
and enforcement of a service fee system.

SECTION 8. Domestic Sewage Collection, Treatment and Disposal. - Within five (5) years
following the effectivity of this Act, the Agency vested to provide water supply and sewerage facilities
and/or concessionaires in Metro Manila and other highly urbanized cities (HUCs) as defined in
Republic Act No. 7160, in coordination with LGUs, shall be required to connect the existing sewage
line found in all subdivisions, condominiums, commercial centers, hotels, sports and recreational
facilities, hospitals, market places, public buildings, industrial complex and other similar
establishments including households to available sewerage system. Provided, That the said
connection shall be subject to sewerage services charge/fees in accordance with existing laws, rules
or regulations unless the sources had already utilized their own sewerage system: Provided, further,
That all sources of sewage and septage shall comply with the requirements herein.

In areas not considered as HUCs, the DPWH in coordination with the Department, DOH and other
concerned agencies, shall employ septage or combined sewerage-septage management system.

For the purpose of this section, the DOH, coordination with other government agencies, shall
formulate guidelines and standards for the collection, treatment and disposal of sewage including
guidelines for the establishment and operation of centralized sewage treatment system.

SECTION 9. National Water Quality Management Fund. - A water quality management fund, to be
administered by the Department, in coordination with other concerned agencies, as a special
account in the National Treasury is hereby established. The fund shall be used to finance the
following:

a) Finance containment and clean-up operations of the government in water pollution cases;

b) Guarantee restoration of ecosystems and rehabilitation of affected areas;

c) Support research, enforcement and monitoring activities;

d) Provide technical assistance to the implementing agencies;

e) Grant rewards and incentives;

f) Support information and educational campaign; and

g) Such other disbursements made solely for the prevention, control or abatement of water
pollution and management and administration of the management areas in the amounts
authorized by the Department.

The fines imposed and damages awarded to the government by the Pollution Adjudication Board
(PAB), proceeds of permits issued by the Department under this Act, donations, endowments and
grants in the form of contributions to the national government under this Act shall form part of the
fund. Such donations, endowments and grants shall be exempt from donor's taxes and all other
taxes, charges or fees imposed by the government and shall be deductible from the gross income of
the donor for income tax purposes.

Disbursements from the fund shall be subject to the usual accounting and budgeting rules and
regulations.

SECTION 10. The Area Water Quality Management Fund. - The area water quality management
fund is hereby established for the maintenance and upkeep of the water bodies in a water quality
management area. The fund shall be utilized for the grant of rewards and incentives for entities
whose effluent discharges are better than the water quality criteria of the target classification of the
receiving body of water, loans for acquisitions and repairs of facilities to reduce quantity and improve
quality of wastewater discharges, and regular maintenance of the water bodies within the
management area.
An amount of not more than ten percent (10%) of the total amount accruing to the funds annually
shall be allocated for the operational expenses of the governing board, its secretariat and multi-
sectoral water quality surveillance and monitoring network.

This fund shall initially be sourced from the fines incurred by the establishments located in rural
areas before the effectivity of this Act. Thereafter, the fees collected under the wastewater charge
system established under Section 13 of this Act, donations, endowments and grants for water quality
management of the area shall accrue to the fund.

Disbursements from the fund shall be subject to the usual accounting and budgeting rules and
regulations. This fund shall be managed by the Board of the corresponding management area.

SECTION 11. Water Quality Variance for Geothermal and Oil and Gas Exploration. - The
Department may provide variance in water quality criteria and standards for geothermal exploration
that encounters re-injection constraints: Provided, That there shall be provision for adequate
protection of beneficial use of water bodies, downstream of the geothermal project: Provided, further,
That this provision may be applied to oil and gas exploration as determined by the Department.

SECTION 12. Categories of Industry Sector. - Within twenty-four (24) months from the effectivity
of this Act, and every two (2) years thereafter, the Department shall, through due public consultation,
revise and publish a list of categories of industry sector for which effluent standards will be provided
for each significant wastewater parameter per industry sector.

The Department shall provide additional classification based on other parameters specifically
associated to discharge of a particular industry which shall be included in the listing of categories
prescribed in the preceding paragraph.

ARTICLE 2
WATER POLLUTION PERMITS AND CHARGES

SECTION 13. Wastewater Charge System. - The Department shall implement a wastewater
charge system in all management areas including the Laguna Lake Region and Regional Industrial
Centers through the collection of wastewater charges/fees. The system shall be established on the
basis of payment to the government for discharging wastewater into the water bodies. Wastewater
charges shall be established taking into consideration the following:

a) To provide strong economic inducement for polluters to modify their production or

management processes or to invest in pollution control technology in order to reduce the
amount of water pollutants generated;

b) To cover the cost of administering water quality management or improvement programs;

c) Reflect damages caused by water pollution on the surrounding environment, including the
cost of rehabilitation;

d) Type of pollutant;

e) Classification of the receiving water body; and

f) Other special attributes of the water body.

The fee shall be based on the net waste load depending on the wastewater, charge formula which
shall be established with due public consultation within six (6) months from the effectivity of this Act:
Provided, That net waste load shall refer to the difference of the initial waste load of the abstracted
water and the waste load of the final effluent discharge of an industry: Provided, further, That no net
waste load shall be lower than the initial waste load: Provided, finally, That wastewater charge
system shall not apply to wastewater from geothermal exploration.

Industries whose water effluent are within standards promulgated pursuant to this Act, shall only be
charged with minimal reasonable amount which shall be determined by the Department after due
public consultation, giving account to volumetric rate of discharge and effluent concentration.

SECTION 14. Discharge Pemits. - The Department shall require owners or operators of facilities
that discharge regulated effluents pursuant to this Act to secure a permit to discharge. The discharge
permit shall be the legal authorization granted by the Department to discharge wastewater:
Provided, That the discharge permit shall specify among others, the quantity and quality of effluent
that said facilities are allowed to discharge into a particular water body, compliance schedule and
monitoring requirement.

As part of the permitting procedure, the Department shall encourage the adoption of waste
minimization and waste treatment technologies when such technologies are deemed cost effective.
The Department shall also develop procedures to relate the current water quality guideline or the
projected water quality guideline of the receiving water body/ies with total pollution loadings from
various sources, so that effluent quotas can be properly allocated in the discharge permits. For
industries without any discharge permit, they may be given a period of twelve {12) months after the
effectivity of the implementing rules and regulations promulgated pursuant to this Act, to secure a
discharge permit.

Effluent trading may be allowed per management area.

ARTICLE 3
FINANCIAL LIABILITY MECHANISM

SECTION 15. Financial Liability for Environmental Rehabilitation. - The Department shall
require program and project proponents to put up environmental guarantee fund {EGF) as part of the
environmental management plan attached to the environmental compliance certificate pursuant to
Presidential Decree No.1586 and its implementing rules and regulations. The EGF shall finance the
maintenance of the health of the ecosystems and specially the conservation of watersheds and
aquifers affected by the development, and the needs of emergency response, clean-up or
rehabilitation of areas that may be damaged during the program's or project's actual implementation.
Liability for damages shall continue even after the termination of a program or project and, until the
lapse of a given period indicated in the environmental compliance certificate, as determined by the
Department. The EGF may be in the form of a trust fund, environmental insurance, surety bonds,
letters of credit, self-insurance and any other instruments which may be identified by the
Department. The choice of the guarantee instrument or combinations thereof shall depend, among
others, on the assessment of the risks involved and financial test mechanisms devised by the
Department. Proponents required to put up guarantee instruments shall furnish the Department with
evidence of availment of such instruments from accredited financial instrument providers.

SECTION 16. Clean-Up Operations. - Notwithstanding the provisions of Sections 15 and 26 hereof,
any person who causes pollution in or pollutes water bodies in excess of the applicable and
prevailing standards shall be responsible to contain, remove and clean-up any pollution incident at
his own expense to the extent that the same water bodies have been rendered unfit for utilization
and beneficial use: Provided, That in the event emergency clean-up operations are necessary and
the polluter fails to immediately undertake the same, the Department, in coordination with other
government agencies concerned, shall conduct containment, removal and clean-up operations.
Expenses incurred in said operations shall be reimbursed by the persons found to have caused such
pollution upon proper administrative determination in accordance with this Act. Reimbursements of
the cost incurred shall be made to the Water Quality Management Fund or to such other funds
where said disbursements were sourced.

SECTION 17. Programmatic Environmental Impact Assessment. - The Department shall

implement programmatic compliance with the environmental impact assessment system, as in the
following types of development:

a) development consisting of a series of similar projects, or a project subdivided into several

phases and/or stages whether situated in a contiguous area or geographically dispersed;
and

b) development consisting of several components or a cluster of projects co-located in an

area such as an industrial estate, an export processing zone, or a development zone
identified in a local land use plan.

Programmatic compliance with the environmental impact assessment system shall be guided by
carrying capacity assessments determined from ecological profiles. Ecological profiles shall Identify
environmental constraints and opportunities in programmatic areas. Programmatic assessment shall
also take into account cumulative impacts and risks.

Consistent with the provisions of the Local Government Code, the Department may enter into
agreement with LGUs to incorporate programmatic environmental impact assessment into the
preparation, updating or revision of local land use plans and area development plans.

SECTION 18. Environmental Impact Assessment System Programmatic Compliance with

Water Quality Standards. - The. Department may allow each regional industrial center established
pursuant to Republic Act No.7916 (PEZA law) to allocate effluent quotas to pollution sources within
its jurisdiction that qualify under an environmental impact assessment system programmatic
compliance program in accordance with Presidential Decree No. 15867 and its implementing rules
and regulations.

CHAPTER 3
INSTITUTIONAL MECHANISM

SECTION 19. Lead Agency. - The Department shall be the primary government agency responsible
for the implementation and enforcement of this Act unless otherwise provided herein. As such, it
shall have the following functions, powers and responsibilities:

a) Prepare a National Water Quality Status Report within twenty-four (24) months from the
effectivity of this Act: Provided, That the Department shall thereafter review or revise and
publish annually, or as the need arises, said report;

b) Prepare an Integrated Water Quality Management Framework within twelve (12) months
following the completion of the status report;
c) Prepare a ten (10) year Water Quality Management Area Action Plan within twelve (12)
months following the completion of the framework for each designated water management
area. Such action plan shall be reviewed by the water quality management area governing
board every five (5) years or as need arises;

d) Prepare and publish a national a national groundwater vulnerability map incorporating the
prevailing standards and methodologies, within twenty four (24) months after the effectivity of
this Act;

e) Enforce, review and revise within twelve (12) months from the effectivity of this Act water
quality guidelines after due consultation with the concerned stakeholder sectors: Provided,
That the Department, in coordination with appropriate agencies shall review said guidelines
every five (5) years or as need arises;

f) Review and set effluent standards every five (5) years from the effectivity of this Act or
sooner as determined by the Department: Provided, That in the interim, the provisions of
DENR Administrative Order No. 35 of the Department shall apply: Provided, further, That
when new and more stringent standards are set in accordance with this section, the
Department may establish a grace period with a maximum of five (5) years: Provided, finally,
That such grace period shall be limited to the moratorium on the issuance of cease and
desist and/or closure order against the industry's operations except in the event such
operation poses serious and grave threat to the environment, or the industry fails to institute
retooling, upgrading or establishing an environmental management system (EMS).

g) Establish within twelve (12) months from the effectivity of this Act, internationally-accepted
procedures for sampling and analysis of pollutants and in coordination with other concerned
agencies, formulate testing procedures and establish an accreditation system for
laboratories;

h) Within eighteen (18) months from the effectivity of this Act and every two (2) years
thereafter, categorize point and non-point sources of water pollution;

i) Classify groundwater sources within twelve (12) months from the effectivity of this Act;

j) Classify or reclassify all water bodies according to their beneficial usages: Provided, that in
the interim, the provisions of DENR Administrative Order No.34 shall apply: Provided,
further, that such classification or reclassification shall take into consideration the operation
of businesses or facilities that are existing prior to the effectivity of the Act: Provided,
furthermore, that the Department may authorize the use of the water for other purposes that
are more restrictive in classification: Provided, finally, That discharges resulting from such
use shall meet the effluent standards set by the Department;

k) Exercise jurisdiction over all aspects of water pollution, determine its location, magnitude,
extent, severity, causes, effects and other pertinent information on pollution, and to take
measures, using available methods and technologies to prevent and abate such pollution;

l) Exercise supervision and control over all aspects of water quality management;

m) Establish a cooperative effort in partnership with the government, LGUs, academic

institutions, civil society and the private sector to attain the objectives of this Act;
 n) Disseminate information and conduct educational awareness and value formation
programs and campaigns on the effects of water pollution on health and environment, water
quality management, and resource conservation and recovery to encourage an
environmentally action-oriented society in coordination with government agencies identified
in Section 22 (f);

o) Promote. and encourage private and business sectors especially manufacturing and
processing plants the use of water quality management systems equipment, including but
not limited to, industrial wastewater treatment collection and treatment facilities;

p) Report, on an annual basis, to Congress the, quality status of water bodies and other
pertinent information and recommend possible legislation, policies and programs for
environmental management and water pollution control;

q) Issue rules and regulations for the effective implementation of the provisions of this Act;

r) Issue orders against any person or entity and impose fines, penalties and other
administrative sanctions to compel compliance with water quality the provisions of this Act;

s) Undertake appropriate protocol with other concerned agencies for immediate coordinated
responses to water related emergency incidents;

t) Issue permits, clearances and similar instruments pursuant to this Act; and

u) Exercise such powers and perform such other functions as may be necessary to carry out
the objectives of this Act

The Department shall gradually devolve to the LGUs, and to the governing boards the authority to
administer some aspects of water quality management and regulation, including, but not to be
limited to, permit issuance, monitoring and imposition of administrative penalties, when, upon the
Department's determination, the LGU or the governing board has demonstrated readiness and
technical capability to undertake such functions.

SECTION 20. Role of Local Government Units. - Local government units shall share the
responsibility in the management and improvement of water quality within their territorial
jurisdictions.

Each local government unit shall within six (6) months after the establishment of the water quality
management area action plan prepare a compliance scheme in, accordance thereof, subject to
review and approval of the governing board.

Each local government unit shall, through its Environment and Natural Resources Office (ENRO)
established in Republic Act No.7160, have the following powers and functions:

a) Monitoring of water quality;

b) Emergency response;

c) Compliance with the framework of the Water Quality Management Action Plan;
 d) To take active participation in all efforts concerning water quality protection and
rehabilitation; and

e) To coordinate with other government agencies and civil society and the concerned sectors
in the implementation of measures to prevent and control water pollution: Provided, however,
That in provinces/cities/municipalities where there are no environment and natural resources
officers, the local executive concerned may, with the approval of the Secretary of the DENR
designate any of his official and/or chief of office preferably the provincial, city or municipal
agriculturist, or any of his employee: Provided, finally, That in case an employee is
designated as such, he must have sufficient experience in environmental and natural
resources management, conservation and utilization.

SECTION 21. Business and Industry Role in Environmental Management. - The Department
and the LGUs, in coordination with the appropriate government agencies. and in consultation with
the business and industrial sectors including commerce, shall formulate appropriate incentives for
the adoption procedures that will preserve and protect our water bodies through the introduction of
innovative equipment and processes that reduce if totally eliminate discharge of pollutants into our
water bodies.

SECTION 22. Linkage Mechanism. - The Department and its concerned attached agencies
including LLDA shall coordinate and enter into agreement with other government agencies, industrial
sector and other concerned sectors in the furtherance of the objectives of this Act- The following
agencies shall perform tile functions specified hereunder:

a) Philippine Coast Guard in coordination with DA and the Department shall enforce for the
enforcement of water quality standards in marine waters, set pursuant to this Act, specifically
from offshore sources;

b) DPWH through its attached agencies, such as the MWSS, LWUA, and including other
urban water utilities for the provision or sewerage and sanitation facilities and the efficient
and safe collection, treatment and disposal of sewage within their area of jurisdiction;

c) DA, shall coordinate with the Department, in the formulation of guidelines for the re-use of
wastewater for irrigation and other agricultural uses and for the prevention, control and
abatement of pollution from agricultural and aquaculture activities: Provided, That discharges
coming from non-point sources be categorized and further defined pursuant to this
Act: Provided, further, That the Bureau of Fisheries and Aquatic Resources (BFAR) of the
DA shall be primarily responsible for the prevention and control of water pollution for the
development, management and conservation of the fisheries and aquatic resources;

d) DOH shall be primarily responsible for the promulgation, revision and enforcement of
drinking water quality standards;

e) DOST, in coordination with the Department and other concerned agencies, shall prepare a
program for the evaluation, verification, development and public dissemination of pollution
prevention and cleaner production technologies; and

f) Department of Education (DepEd), Commission Higher Education (CHED), Department of

the Interior and Local Government (DILG) and Philippine Information Agency (PIA) shall
assist and coordinate with the Department in, the preparation and implementation of a
comprehensive program pursuant to the objectives of this Act.
SECTION 23. Requirement of Record-keeping, Authority for Entry to Premises and Access to
Documents. - The Department or its duly authorized representative shall, after proper consultation
and notice, require any person who owns or operates any pollution source or who is subject to. any
requirement of this Act to submit reports and other written information as may be required by the
department.

Any record, report or information obtained under this section shall be made available to the public,
except upon a satisfactory showing to the Department by the, entity concerned that the record,
report, or information or parts thereof, if made public, would divulge secret methods or processes
entitled to protection as intellectual property. Such record, report or information shall likewise be
incorporated in the Department's industrial rating system. Pursuant to this Act, the Department,
through it's authorized representatives, shall have the right to: (a) enter any premises or to have
access to documents and relevant materials as referred to in the herein preceding paragraph; (b)
inspect any pollution or waste source, control device, monitoring equipment or method required; and
(c) test any discharge.

In cases of fish kill incidence, the Bureau of Fisheries of the DA, in the course of its investigation,
may enter the premises of an establishment reported to have caused said incident.

SECTION 24. Pollution Research and Development Programs. - The Department, in coordination
with the Department of Science and Technology (DOST), other concerned agencies and academic
research institutions, shall establish a national research and development program for the prevention
and control of water pollution. As part of said program, the DOST shall conduct and promote the
coordination and acceleration of research, investigation, experiments, training, survey and studies
relating to the causes, extent, prevention and control of pollution among concerned government
agencies and research institutions.

CHAPTER 4
INCENTIVES AND REWARDS

SECTION 25. Rewards. - Rewards, monetary or otherwise, shall be provided to individuals, private
organization and entities, including civil society, that have undertaken outstanding and innovative
projects, technologies, processes and techniques or activities in water quality management. Said
rewards shall be sourced from the Water Quality Management Fund herein created.

SECTION 26. Incentives Scheme. - An incentive scheme is hereby provided for the purpose of
encouraging LGUs, water districts (WDs), enterprises, or private entities, and individuals, to develop
or undertake an effective water quality management, or actively participate in any program geared
towards the promotion thereof as provided in this Act.

A. Non-fiscal incentive

1. Inclusion in the Investments Priority Plan (IPP). - Subject to the rules and regulations of
the Board of Investments (BOI), industrial wastewater treatment and/or adoption of water
pollution control technology, cleaner production and waste minimization technology shall be
classified as preferred areas of investment under its annual priority plan and shall enjoy the
applicable fiscal and non-fiscal incentives as may be provided for under the Omnibus
Investment Code, as amended.

Fiscal Incentives
1. Tax and Duty Exemption on Imported Capital Equipment. - Within ten 10) years upon the
effectivity of this Act, LGUs, WDs, enterprises or private entities shall enjoy tax-and-duty-free
importation of machinery, equipment and spare parts used for industrial wastewater
treatment/collection and treatment facilities: Provided, That the importation of such
machinery, equipment and spare parts shall comply with the following conditions:

a) They are not manufactured domestically in sufficient quantity, of comparable

quality and at reasonable prices;

b) They are reasonably needed and will be used actually, directly and exclusively for
the above mentioned activities; and

c) Written endorsement by the Department that the importation of such machinery,

equipment and spare parts would be beneficial to environmental protection and
management: Provided, further, That the sale, transfer or disposition of such
machinery, equipment and spare parts without prior approval of the BOI within five
(5) years from the date of acquisition shall be prohibited, otherwise the LGU
concerned, WD, enterprise or private entity and the concerned vendee, transferee or
assignee shall be solidarity liable to pay twice the amount of tax and duty exemption
given it.

2. Tax Credit on Domestic Capital Equipment. - Within ten (10) years from the effectivity of
this Act, a tax credit equivalent to one hundred percent (100%) of the value of the national
internal revenue taxes and customs duties that would have been waived on the machinery,
equipment, and spare parts, had these items been imported shall be given to enterprises or
private entities and individuals, subject to the same conditions and prohibition cited in the
preceding paragraph.

3. Tax and Duty Exemption of Donations, Legacies and Gifts. - All legacies, gifts and
donations to LGUs, WDs, enterprises, or private entities and individuals, for the support and
maintenance of the program for effective water quality management shall be exempt from
donor's tax and shall be deductible from the gross income of the donor for income tax
purposes.

Imported articles donated to, or for the account of any LGUs, WDs, local water utilities,
enterprises, or private entities and individuals to be exclusively used for water quality
management programs shall be exempted from the payment of customs duties and
applicable internal revenue taxes.

Industrial wastewater treatment and/or installation of water pollution control devices shall be
classified as pioneer and preferred areas of investment under the BOI's annual priority plan
and shall enjoy- the applicable fiscal and non-fiscal incentives as may be provided for under
the Omnibus Investment Code, as amended.

B. Financial Assistance Program

Government financial institutions such as the Development Bank of the Philippines, Land
Bank of the Philippines, Government Service Insurance System, and such other government
institutions providing financial services shall, in accordance with and to the extent allowed by
the enabling provisions of their respective charters or applicable laws, accord high priority to
extend financial services to LGUs, WDs, enterprises, or private entities engaged in sewage
collection and treatment facilities.
 C. Extension or Grants to LGUs

Cities and municipalities which shall establish or operate sewerage facilities may be entitled to
receive grants for the purpose of developing technical capabilities.

CHAPTER 5
CIVIL LIABILITY/PENAL PROVISIONS

SECTION 27. Prohibited Acts. - The following acts are hereby prohibited:

a) Discharging, depositing or causing to be deposited material of any kind directly or

indirectly into the water bodies or along the margins of any surface water, where, the same
shall be liable to be washed into such surface water, either by tide action or by storm, floods
or otherwise, which could cause water pollution or impede natural flow in the water body;

b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any
form that would pollute groundwater. In the case of geothermal projects, and subject to the
approval of the Department, regulated discharge for short- term activities (e.g. well testing,
flushing, commissioning, venting) and deep re-injection of geothermal liquids may be
allowed: Provided, That safety measures are adopted to prevent the contamination of the
groundwater;

c) Operating facilities that discharge regulated water pollutants without the valid required
permits or after the permit was revoked for any violation of any condition therein;

d) Disposal of potentially infectious medical waste into sea water by vessels unless the
health or safety of individuals on board the vessel is threatened by a great and imminent
peril;

e) Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as
defined under Republic Act No.9003;

f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed

under Republic Act No.6969;

g) Operate facilities that discharge or allow to seep, willfully or through gross negligence,
prohibited chemicals, substances or pollutants listed under R. A. No. 6969 into water bodies
or wherein the same shall be liable to be washed into such surface, ground, coastal, and
marine water;

h) Undertaking activities or development and expansion of projects, or operating

wastewater/sewerage facilities in violation of Presidential Decree. No.1586 and its
implementing rules, and regulations;

i) Discharging regulated water pollutants without the valid required discharge permit pursuant
to this Act or after the permit was revoked for any violation of condition therein;

j) Non-compliance of the LGU with the Water Quality Framework and Management Area
Action Plan. In such a case, sanctions shall be imposed on the local government officials
concerned;
 k) Refusal to allow entry, inspection and monitoring by the Department in accordance with
this Act;

l) Refusal to allow access by the Department to relevant reports and records in accordance
with this Act;

m) Refusal or failure to submit reports whenever required by the Department in accordance

with this Act;

n) Refusal or failure to designate pollution control officers whenever required by, the
Department in accordance with this Act; and

o) Directly using booster pumps in the distribution system or tampering with the water supply
in such a way as to alter or impair the water quality.

SECTION 28. Fines, Damages and Penalties. - Unless otherwise provided herein, any person who
commits any of the prohibited acts provided in the immediately preceding section or violates any of
the provision of this Act or its implementing rules and regulations, shall be fined by the Secretary,
upon the recommendation of the PAB in the amount of not less than Ten thousand pesos
(P10,000.00) nor more than Two hundred thousand pesos (P200,000.00) for every day of violation.
The fines herein prescribed shall be increased by ten percent (10%) every two (2) years to
compensate for inflation and to maintain the deterrent function of such fines: Provided, That the
Secretary, upon recommendation of the PAB may order the closure, suspension of development or
construction, or cessation of operations or, where appropriate disconnection of water supply, until
such time that proper environmental safeguards are put in place and/or compliance with this Act or
its rules and regulations are undertaken. This paragraph shall be without prejudice to the issuance of
an ex parte order for such closure, suspension of development or construction, or cessation of
operations during the pendency of the case.

Failure to undertake clean-up operations, willfully, or through gross negligence, shall be punished by
imprisonment of not less than two (2) years and not more than four (4) years and a fine not less than
Fifty thousand pesos (P50,000.00) and not more than One hundred thousand pesos (P100,000.00)
per day for each day of violation. Such failure or refusal which results in serious injury or loss of life
and/or irreversible water contamination of surface, ground, coastal and marine water shall be
punished with imprisonment of not less than six (6) years and one day and not more than twelve (12)
years, and a fine of Five Hundred Thousand Pesos (P500,000.00) per day for each day during which
the omission and/or contamination continues.

In case of gross violation of this Act, the PAB shall issue a resolution recommending that the proper
government agencies file criminal charges against the violators. Gross violation shall mean any of
the following:

a) deliberate discharge of toxic pollutants identified pursuant to Republic Act No.6969 in toxic
amounts;

b) five {5) or more violations within a period of two (2) years; or

c) blatant disregard of the orders of the PAB, such as the non-payment of fines, breaking of
seals or operating despite the existence of an order for closure, discontinuance or cessation
of operation.
In which case, offenders shall be punished with a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than Three million pesos (P3,000,000.00} per day for each day of
violation or imprisonment of not less than six {6) years but not more than ten {10) years, or both, at
the discretion of the court. If the offender is a juridical person, the president, manager and the
pollution control officer or the official in charge of the operation shall suffer the penalty herein
provided.

For violations falling under Section 4 of Presidential Decree No.979 or any regulations prescribed in
pursuance thereof, such person shall be liable for a fine of no1 less than Fifty thousand pesos
{P50,000.00) nor more than One million pesos (P1,000,000.00) or by imprisonment of not less than
one {1) year nor more than six (6) years or both, for each offense, without prejudice to the civil
liability of the offender in accordance with existing laws. If the offender is a juridical entity, then its
officers, directors, agents or any person primarily responsible shall be held liable: Provided, That any
vessel from which oil or other harmful substances are discharged in violation of Section 4 of
Presidential Decree No.979 shall be liable for penalty of fine specified in the immediately preceding
paragraph and clearance of such vessel from the port of the Philippines may be withheld until the
fine is paid and such penalty shall constitute a lien on such vessel which may be recovered in
proceedings by libel in rem in the proper court which the vessel may be. The owner or operator of a
vessel or facility which discharged the oil or other harmful substances will be liable to pay for any
clean-up costs.

Provided, finally, That water pollution cases involving acts or omissions --- committed within the
Laguna Lake Region shall be dealt with in accordance with the procedure under R. A. No.4850 as
amended.

SECTION 29. Administrative Sanctions Against Non-compliance with the Water Quality
Management Area Action Plan. - Local government officials concerned shall be subject to
Administrative sanctions incase of failure to comply with their action plan accordance with the
relevant provisions of R.A. No. 7160.

CHAPTER 6
ACTIONS

SECTION 30. Administrative Action. - Without prejudice to the right of any affected person to file
an administrative action, the Department shall, on its own instance or upon verified complaint by any
person, institute administrative proceedings in the proper forum against any person who violates:

a) Standards or limitations provided by this Act; or

b) By any such order, rule or regulation issued by the Department with respect to such
standard or limitation.

CHAPTER 7
FINAL PROVISIONS

SECTION 31. Appropriations.- An amount of One hundred million pesos (P100,000,000.00) shall
be appropriated from the savings of the National Government to the Department for the initial
implementation of this Act. Thereafter, the amount necessary to effectively carry out the provision of
this Act shall be included in the General Appropriations Act of the year following its enactment into
law and thereafter.
SECTION 32. Implementing Rules and Regulations. - The Department, in coordination with the
Committees on Environment and Ecology of the Senate and the House of Representatives,
respectively and other concerned agencies shall promulgate the implementing rules and regulations
for this Act, within one (1) year after the enactment of this Act: Provided. That rules and regulations
issued by other government agencies and instrumentalities for the prevention and/or abatement of
water pollution not inconsistent with this Act shall supplement the rules and regulations issued by the
Department, pursuant to the provisions of this Act.

The draft of the implementing rules and regulations shall be published and be the subject of public
consultations with affected sectors.

There shall be a mandatory review of the implementing rules and regulations and standards set
pursuant to the provisions of this Act.

SECTION 33. Joint Congressional Oversight Committee. - There is hereby created a Joint
Congressional Oversight Committee to monitor the implementation of this Act and to review the
implementing rules and regulations promulgated by the Department. The Committee shall be
composed of five (5) Senators and five; (5) Representatives to be appointed by the Senate President
and the Speaker of the House of Representatives, respectively. The Oversight Committee shall be
co-chaired by the Chairpersons of the Committee on Environment of the Senate and the Committee
on Ecology of the House of Representatives.

SECTION 34. Repealing Clause. - Presidential Decree No.984 is hereby repealed. Republic Act
Nos. 6969 and 4850 as amended, Presidential Decree Nos. 1586, 1152, 979 and 856 are hereby
amended and modified accordingly. All other laws, orders, issuance, rules and regulations
inconsistent herewith are hereby repealed or modified accordingly.

SECTION 35. Separability Clause. - If any provision of this Act or the application such provision to
any person or circumstances is declared unconstitutional, the remainder of the Act or the application
of such provision to other person or circumstances shall not be affected by such declaration.

SECTION 36. Effectivity. - This Act shall take effect fifteen (15) days from the date of its publication
in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

FRANKLIN DRILON JOSE DE VENECIA JR.

President of the Senate Speaker of the House of
Representatives

This Act which is a consolidation of Senate Bill No. 2115 and House Bill No. 5398 was finally passed
by the Senate and the House of Representatives on February 4, 2004.

OSCAR G. YABES ROBERTO P. NAZARENO

Secretary of Senate Secretary General
House of Represenatives
Approved: March 22, 2004

GLORIA MACAPAGAL-ARROYO
President of the Philippines