The Department of Environment and Natural Resources (“DENR”) recently issued Department Administrative Order No. (“DAO”) 2021-12, covering all exploration permits, mineral production sharing agreements (“MPSAs”), financial or technical assistance agreements (“FTAAs”), and other similar mining tenements under the exploration stage.
Under DAO 2021-12, the exploration period under MPSAs and FTAAs (and other similar mining tenements), as well as exploration permits, are automatically renewed without the need of filing applications for renewal.
Nevertheless, holders of the tenements are required to submit certain requirements within sixty (60) days from expiration of the exploration period of the tenement or the exploration permit, as the case may be. Failure to submit the requirements is a ground for cancellation of the mining tenement.
Upon submission of the requirements, the holders of the tenements must also pay the renewal fee.
Further, DAO 2021-12 states that all mining projects under existing mining tenements (MPSAs/FTAAs) issued prior to the open-pit mining ban under DAO 2017-10 may continue, provided that they are found to be environmentally sound, as well as technically and economically viable. DAO 2021-12 also states that the open-pit mining ban shall be strictly implemented for mining tenements granted after DAO 2017-10.
DAO 2021-12 was published on 23 July 2021 and acknowledged by the University of the Philippines National Administrative Register (“ONAR”) on 26 July 2021. It shall take effect within fifteen (15) days following its publication and upon acknowledgement by the ONAR.