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Executive Order No. 130 (2021)
—Section 2 of Republic Act (RA) No. 7942 or the Philippine Mining Act of 1995 provides that it shall be the responsibility of the State to promote the rational exploration, development, utilization, and conservation of all mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines through the combined efforts of the government and the private sector in order to enhance national growth in a way that effectively safeguards the
Section 1.
Lifting of the Moratorium on Mineral Agreements. —The moratorium on mineral agreements under Section 4, EO No. 79 is hereby lifted, Section 4, EO No. 79 shall be amended to read as follows:—
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Section 4.
Grant of Mineral Agreements. —The Government may enter into new mineral agreements, subject to compliance with the Philippine Mining Act of 1995 and other applicable laws, rules, and regulations. The DENR may continue to grant and issue Exploration Permits under existing laws, rules, and guidelines. ℒαwρhi৷ The grantees of such permits shall have the rights under the said laws, rules, and guidelines over the approved exploration area and shall be given the right of first option to develop and utilize the minerals in their respective exploration area upon the approval of the declaration of mining project feasibility.
The DENR shall formulate the terms and conditions in the new mineral agreements that will maximize government revenues and share from production, including the possibility of declaring these areas as mineral reservations to obtain appropriate royalties, in accordance with existing laws, rules, and regulations.
The DENR shall likewise undertake a review of existing mining contracts and agreements for possible renegotiation of the terms and conditions of the same, which shall in all cases be mutually acceptable to the government and the mining contractor.
The DENR and the Department of Finance shall undertake appropriate measures to rationalize existing revenue sharing schemes and mechanisms."
Section 2.
Formulation and strict Implementation of Mines Safety and Environmental Policies. —The DENR shall strictly implement mines safety and environmental policies. It shall ensure strict implementation of and compliance with the recommended measures of the Mining Industry Coordinating Council involving all mining operations, including other pertinent laws, rules, and regulations, and the terms and conditions of the mineral agreements.
Section 3.
Separability. —If any provision of this Order is declared invalid or unconstitutional, the other provisions is not affected thereby shall remain valid and subsisting.
Section 5.
Effectivity. —This Executive Order shall take effect immediately upon its publication in a newspaper of general circulation.
DONE, —in the City of Manila, this 14th day of April, in the year of Our Lord, Two Thousand and Twenty One.
(SGD.)— RODRIGO ROA DUTERTE
By the President:
(SGD.)— SALVADOR C. MEDIALDEA Executive Secretary