General information only; not legal advice.

I. Executive Summary

Mineral exploration and mining on public land in the Philippines are governed by a tightly integrated regime of mineral tenure, environmental, social, and land-use authorizations. The core statute is the Philippine Mining Act of 1995 and its implementing rules, complemented by the Environmental Impact Statement (EIS) System, Indigenous Peoples’ Rights Act (IPRA), NIPAS/ENIPAS for protected areas, the Small-Scale Mining Act, and sectoral rules (water, explosives, forestry, fisheries, maritime). No single “permit” suffices: applicants progress from area reservation and exploration to mineral agreement/FTAA, then operating permits, subject to continuing environmental and social obligations and closure/rehabilitation guarantees.

II. What Counts as “Public Land”

“Public land” broadly covers forestlands/timberlands, unclassified public forests, government reservations, and other lands not alienable and disposable (A&D). Mining may be allowed on public lands outside closed/prohibited zones (e.g., strict nature reserves, critical habitats, certain watersheds), and only after obtaining land-use clearances specific to the classification (e.g., Special Land Use Permit in forestland). Where A&D lands are involved, mining rights do not confer land ownership—only use/occupancy for mining purposes.

III. Core Legal/Regulatory Pillars

Philippine Mining Act (RA 7942) & IRR
- Mineral rights: Exploration Permit (EP) → Mineral Agreement (e.g., MPSA, Co-Production, Joint Venture) or Financial or Technical Assistance Agreement (FTAA) for large-scale/foreign participation.
- Ancillary: Mineral Processing Permit (MPP), Industrial Sand and Gravel (ISAG)/Quarry Permits, Ore Transport Permit (OTP), Mineral Ore Export Permit (MOEP).
EIS System (PD 1586 & IRR)
- ECC required for exploration in environmentally critical areas and all commercial mining. Includes scoping, EIA study, public participation, and compliance monitoring.
Indigenous Peoples’ Rights Act (RA 8371)
- FPIC and MOA with indigenous cultural communities if the project is within or affects Ancestral Domains; otherwise, obtain Certificate of Non-Overlap (CNO).
NIPAS/ENIPAS (RA 7586/RA 11038)
- Protected areas require PAMB clearances and may restrict or prohibit mining depending on classification and zoning.
Small-Scale Mining Act (RA 7076)
- Small-scale operations only within Minahang Bayan areas, with SSMP issued by the Provincial/City Mining Regulatory Board (P/CMRB) and subject to separate EIS/FPIC as applicable.
Local Government Code
- Business permits, quarrying delegated to LGUs for certain materials, national wealth sharing, and zoning consistency.
Other Sectoral Laws (as applicable)
- Water rights (NWRB), tree cutting/special land use (DENR-FMB), explosives (PNP), air/water permits (EMB), hazardous waste registration, fisheries/coastal clearances (BFAR/Coast Guard/Maritime agencies) for onshore-offshore interfaces.

IV. Mineral Tenure Options on Public Land

1) Exploration Permit (EP)

Purpose: Non-exclusive exploration of a defined block area.
Who issues: MGB-DENR.
Key submissions: Proof of technical and financial capability, 2–3-year Exploration Work Program (EWP) with budget, maps (meridional blocks), area status/clearance, initial land-use/forestland consent if applicable.
Notes: Low-impact works; any tree cutting, road opening, bulk sampling, or camps in forestland require separate clearances.

2) Mineral Agreements (after successful exploration)

MPSA (Mineral Production Sharing Agreement): Contractor recovers costs and pays excise tax and mandated royalties/taxes; State shares through taxes/fees.
Co-Production/Joint Venture: Profit/risk sharing with the State on agreed terms.
FTAA: For large-scale projects and foreign equity beyond constitutional limits under exact conditions; negotiated with DENR/Office of the President.

Common requirements: Feasibility study, Declaration of Mining Project Feasibility (DMPF), EPEP/FMRDP, SDMP, ECC, FPIC/CNO, land-use permits, and financial assurance (see Section VIII).

3) Industrial Sand & Gravel/Quarry Permits (Public Land)

For non-metallic materials (sand, gravel, boulders, limestone, etc.).
Issued by P/CMRB (provincial/city) or MGB for certain scales/locations (e.g., offshore).
Still subject to EIS, FPIC (if applicable), coastal/fisheries clearances for river/coastal areas.

4) Mineral Processing Permit (MPP)

For processing plants (beneficiation). Requires ECC, air/water permits, zoning clearance, and proof of mineral source legality.

V. Environmental and Social Safeguards (Non-Negotiable)

ECC (Environmental Compliance Certificate)
- Based on a full EIA for commercial mining; IEE or screening for certain exploration.
- Incorporates commitments: Environmental Protection and Enhancement Program (EPEP), Final Mine Rehabilitation/Decommissioning Plan (FMRDP), Mine Rehabilitation Fund (MRF), Contingent Liability and Rehabilitation Fund (CLRF), social safeguards, and compliance monitoring.
SDMP (Social Development & Management Program)
- Annual commitment (often 1.5% of operating costs) for host and neighboring communities; funds education, health, livelihood, infrastructure per approved plan.
Safety and Health
- Compliance with Mine Safety and Health Standards: safety organization, training, reporting, medical facilities, emergency response, explosives management, occupational health.
Water, Air, Waste
- Discharge permits, permits to operate air pollution sources, hazardous waste registration and manifests, tailings design and dam safety protocols, progressive rehabilitation.
IP/FPIC
- Independent FPIC process, community assemblies, and a MOA providing royalty (customarily ≥1% of gross output), benefit-sharing, employment/training, environmental co-management, grievance mechanism.

VI. Land Tenure and Access on Forestland/Public Land

Special Land Use Permit/Agreement (SLUP/SAPA) for occupation of forestland (roads, camps, conveyor, tailings, plant).
Tree Cutting/Earth-balling permits for vegetation disturbance.
Right-of-way over public land and government easements; foreshore lease where facilities abut coastal zones.
Archaeological/cultural chance-find procedures.

VII. Taxes, Fees, and Government Shares

Excise tax on minerals (currently 4% of market value at time of removal/export).
Royalty to IP communities (per FPIC-MOA, not less than 1% of gross output).
Fees: Application fees, occupation fees per hectare, monitoring fees, processing fees, MRF/CLRF contributions.
LGU share in national wealth (a percentage of national taxes/royalties from the project); plus local business taxes, real property tax, and regulatory fees.
Customs/MOEP for exports; OTP for domestic transport.

VIII. Financial Assurance and Closure

EPEP and Annual EPEP (AEPEP): Budgets and schedules for environmental management.
FMRDP: Detailed closure/rehabilitation blueprint before operation.
MRF/CLRF: Cash/guarantees to ensure funds for rehabilitation and third-party damages.
Progressive rehabilitation and post-closure monitoring are binding.

IX. Step-by-Step Permitting Roadmap (Public Land)

Stage 1: Pre-Application

Area status/clearance with MGB (no overlap with existing valid tenements; not inside no-go zones).
Initial community mapping: IP presence? Protected area zoning? Forestland classification?
Capability evidence: Technical team CVs, financial statements, prior track record.

Stage 2: Exploration Permit (EP) 4. File EP application with maps, EWP, capability proofs, fees. 5. Posting/publication and inter-agency endorsements (LGU, DENR for forestland access). 6. ECC/IEE (if required) for exploration; CNO/FPIC as indicated. 7. EP issuance → commence works under approved EWP; quarterly/annual reports to MGB/EMB.

Stage 3: Feasibility to Development 8. Resource delineation, scoping and full EIA, public consultations. 9. FPIC process (if applicable) culminating in MOA. 10. Apply for MPSA/FTAA: submit DMPF, mine plan, EPEP/FMRDP, SDMP framework, financing plan. 11. Land-use permits (SLUP/SAPA), tree cutting, ROW, water rights, coastal/fisheries clearances as needed. 12. ECC (project-level) issuance with conditions.

Stage 4: Operations 13. MPSA/FTAA execution; SDMP approval; MRF/CLRF set-up; safety and health organization. 14. Start development/production upon satisfying pre-operation ECC conditions; install monitoring stations; enroll in CEMS (as applicable). 15. Secure OTP/MOEP for mineral movement and exports; periodic production and environmental reports.

Stage 5: Expansion/Amendments and Closure 16. Permit amendments (area/production changes) with updated ECC/FPIC/land-use approvals. 17. Progressive rehab; final closure per FMRDP; post-closure verification and release of financial assurance.

X. Special Regimes and Edge Cases

Small-Scale Mining (Minahang Bayan)
- Only within declared areas; SSMP issued by P/CMRB; simpler but still robust EIS/FPIC; strict ore transport and processing controls; mercury-free policies.
River/Coastal/Offshore Mining
- Requires hydraulic/sediment studies, BFAR and Coast Guard/MARINA coordination, fisherfolk consultations, EIA focused on fisheries/habitats, and maritime safety zones.
Protected Areas & Key Biodiversity Areas
- Zoning rules prevail; some zones categorically prohibit mining. Where allowed, PAMB endorsement and stricter EIA/offsets are typical.
Palawan/Other Special Jurisdictions
- SEP (Strategic Environmental Plan) and local special bodies may require separate clearances in addition to national permits.

XI. Compliance During Operations

Quarterly/Annual technical, production, and environmental monitoring reports.
Community development: SDMP implementation with audited disbursements and multi-stakeholder monitoring team meetings.
Safety/health statistics reporting; accident notification protocols.
Tax and royalty remittances with supporting reconciliations.
Third-party audits (environment, tailings, dam safety) as required by ECC or regulators.

XII. Transport, Sale, and Export of Minerals

Ore Transport Permit (OTP): Required for any movement of ore/materials; vehicle manifests and checkpoints compliance.
Mineral Ore Export Permit (MOEP): For exports; includes assay, valuation, tax/royalty clearance, and Customs coordination.
Contract buyers must be due-diligenced for traceability and anti-smuggling compliance.

XIII. Community and LGU Interfaces

Public scoping and hearings (EIA), continuing stakeholder engagement.
National wealth share to LGUs; local projects under SDMP; employment and local procurement commitments.
Grievance mechanisms formalized in FPIC-MOA and SDMP documents.

XIV. Documentation Checklists

For EP:

Application form; fee receipts; maps (1:50,000 and GIS shapefile); EWP & budget; capability proofs; area status; preliminary land-use/forest endorsements; initial ECC/IEE (if required).

For MPSA/FTAA/DMPF:

Feasibility study; mine plan; processing flow sheets; tailings/storage design; EPEP/FMRDP; SDMP; ECC; FPIC-MOA/CNO; SLUP/SAPA, tree-cutting, ROW, water rights; safety and health plan; financial assurance evidence.

For Operation:

MRF/CLRF bank docs; OTP/MOEP templates; contracts of sale; monitoring formats; emergency response plan; insurance/bonds; business permits; BIR registrations for export.

XV. Common Pitfalls (and How to Avoid Them)

Starting works (roads/camps/tree cutting) on forestland before securing SLUP/tree permits.
Treating FPIC as a box-tick—defective processes undermine ECC and tenement validity.
Under-scoped EIA (ignoring cumulative or downstream water impacts).
Incomplete SDMP or failure to constitute the multi-partite monitoring team.
Moving ore without OTP/MOEP or misdeclared assays.
Lapsing work commitments under EP/MPSA (risk of cancellation).
Tailings/dam design without independent review; missing dam safety updates.
Weak progressive rehabilitation leading to large closure liabilities.

XVI. Timelines (Indicative Only)

EP: ~3–6 months with complete papers and area free of conflicts; longer if ECC/IEE or FPIC is triggered.
ECC (project-level): Several months to 1+ year depending on study scope and consultations.
MPSA/FTAA: Often >1 year including feasibility, FPIC, ECC, and inter-agency endorsements.
Quarry/ISAG: Shorter but still contingent on environmental and social clearances.

(Actual times depend on project complexity, agency workload, stakeholder issues, and document quality.)

XVII. Key Takeaways

Mining on public land is multi-permit and sequenced: EP → ECC/FPIC → MPSA/FTAA → operations permits, with land-use and sectoral clearances at each step.
Environmental, social, and safety obligations are continuous and backed by financial assurance.
Indigenous rights and protected area rules can determine feasibility as much as geology.
Early stakeholder mapping, robust EIA, and document discipline are decisive for lawful, bankable projects.

For project-specific structuring—particularly where forestland occupation, protected areas, offshore interfaces, or ancestral domains are involved—obtain tailored counsel and initiate parallel environmental and social processes early to de-risk the critical path.