THE Provincial Council of Bulacan has passed an ordinance that sets new guidelines on the issuance of special permits on land development involving the extraction and disposal of nonmetallic minerals within the province that are not covered by a mining or quarrying permit.
Provincial Ordinance 102-2023 aims to augment national and local laws including Republic Act 7942 or the Philippine Mining Act of 1995 and Provincial Ordinance C-005 or the Revised Environmental Code of the Province of Bulacan.
The new ordinance establishes specific guidelines and policies in the extraction, utilization and disposition of incidental earth minerals as a component of private land development projects.
Bulacan Environment and Natural Resources Office (Benro) head Atty. Julius Victor Degala said their office issues two types of permits: quarrying permit which is granted to a qualified person or entity for the extraction and utilization of quarry resources on public or private land or water system; and special permit which is issued by the provincial governor to any landowners who wish to develop idle land into productive and beneficial use, wherein, in the course of development, there is a need to extract or remove and transport specific volume of earth or unconsolidated terrace sand and gravel materials from the landowner's property to another place.
Effective on April 18, 2024, individuals can apply for special permit, provided that he/she has met the mandatory requirements including the following: letter of application addressed to the provincial governor, duly filled out Benro form 01-1 signed by the applicant and notarized, sketch plan of the area applied, clearances from concerned LGUs, proof of ownership of the land, site development plan, provincial environmental compliance certificate, certification from the provincial or municipal agrarian reform office, and governor's accreditation of heavy equipment.
Furthermore, the special permit is limited to 60 days upon issuance and can be extended by the governor to up to 30 days as recommended by Benro, provided there is valid justification as to why the land development was not finished within the 60-day period.
Any person involved in the commission of any of prohibited acts under Section 16 such as "kabit system" which involves disposal or transport of earth materials without a special permit issued by the governor; without delivery receipt and transport slip; disposing or transporting of earth materials without paying the corresponding quarry tax; and disposing or transporting of earth materials that exceeds 10,000 cubic meters.
Anyone who violates any of these provisions faces a fine of P5,000 for every violation or an imprisonment of one month for the first offense; P5,000 for every violation or an imprisonment of two months and impoundment of trucks/vehicles/equipment used in committing any of the prohibited acts for the second offense; and P5,000 for every violation or imprisonment of three months, impoundment of trucks/vehicles/equipment used in committing any of the prohibited acts.
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