DENR Administrative Order No. 96-40Series of 1996SUBJECT: Revised Implementing Rules and Regulations of Republic Act No. 7942 Otherwise Known as the"Philippine Mining Act of 1995"Pursuant to Section 8 of Republic Act (R.A.) No 7942, otherwise knows as the "Philippine Mining Act of 1995",the following revised rules and regulations are hereby promulgated for the guidance and compliance of allconcerned.

Section 79. General Terms and Conditions of a Quarry/Commercial or Industrial Sand and Gravel/GovernmentGratuitous/Guano/Gemstone Gathering PermitThe following terms and Conditions shall be incorporated in the Quarry/Commercial or Industrial Sand andGravel/Government Gratuitous/Guano/Gemstone Gathering Permit:a. No extraction, removal and/or disposition of one (1) kilometer from the boundaries of reservoirs established forpublic water supply, archaeological and historical sites or of any public or private works or structures, unless theprior clearance of the concerned Government agency(ies) or owner is obtained. No extraction, removal and/ordisposition of materials shall likewise be allowed in offshore areas within five hundred (500) meters distancefrom the coast and two hundred (200) meters from the mean low tide level along the beach;b. The extraction, removal and/or disposition of materials under the Permit shall be confined within the areaspecified therein, the boundaries of which, according to the application, are established on the ground withinprominent marks;c. The Permit Holder shall assume full responsibility and be liable for damages to private and/or publicproperty(ies) that may be occasioned by its operations under the Permit;d. The Permit Holder shall manage its operations in a technically and environmentally responsible manner toachieve a safe, non-polluting and self-sustaining post disturbance landform;e. The Permit Holder shall conduct its operations in accordance with the provision of the Act and theseimplementing rules and regulations;f. The Permit Holder shall not discriminate on the basis of gender and that the Permit Holder shall respect theright or women workers to participate in policy and decision making processes affecting their rights and benefits;g. The permit Holder shall conform to laws, rules and regulations regarding, among others, labor, safety andhealth standards;h. The Permit Holder shall not interfere with the rights of other Permit Holders/operators/contractors;i. The Permit Holder shall recognize and respect the rights, customs and traditions of local communities,particularly Indigenous Cultural Communities ;j. The Permit Holder shall immediately stop digging and extracting materials the moment man made articles or

artifacts are found. It shall notify the Director of the National Museum of such findings, in which case, the diggingshall be under the supervision of the National Museum until said artifacts are recovered; andk. The permit shall be subjected to cancellation, revocation and termination as provided for in Sec. 100 hereof.