SURFACE RIGHTS

Easement Rights
1. Permittee/Permit Holder/Contractor pay just compensation
a. Amount agreed by the parties
b. In case of disagreement, file before the Panel of Arbitrators
2. Purpose: more convenient operations
a. Build, construct or install infrastructures
i. roads, railroads, mills, waste dump sites, tailings ponds, warehouses, staging or
storage areas and port facilities
ii. tramways, runways, airports, electric transmission, telephone or telegraph lines,
iii. dams and their normal flood and catchment areas
iv. sites for water wells, ditches, canals, new river beds, pipelines, flumes, cuts, shafts,
tunnels or mills

Entry Into Lands

1. The Holder of mining right shall not be prevented from entry into the contract/mining area for the
purpose of exploration, development and/or utilization
2. Requirements of entry:
a. Written notice sent and received by surface owners of the land, occupants and
concessionaires
i. at their registered address
ii. if cannot be found
1. notify MGB cc: concerned local officials in case of private lands &
government in case of concessionaires
a. Notice to MGB shall be deemed notice to surface owners, or
concessionaires
2. attach copy of written notice and
3. Sworn declaration that they had exerted all efforts to locate surface owners,
occupants or concessionaires
b. Payment of bond
3. If surface owners, occupants or concessionaires refuse entry to the land
a. Despite receipt of written notice, or
b. Refuse to receive written notice, or
c. Disagreements over entry into lands
d. File before the Panel of Arbitrators

Voluntary Agreement
1. Entered between Permit Holders and surface owner, occupant or concessionaire
2. Enter into lands and use land for mining purposes
3. Registered with MGB regional office
4. Agreement shall be binding upon:
a. Parties
b. Heirs
c. Successors-in-interest
d. Assigns

Compensation of the Surface Owner and Occupant

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1. Damage done to the property
a. As a consequence of mining operations, or
b. As a result of construction or installation of the infrastructure
2. Amount based on the agreement entered or in accordance with PD 512
3. In case of disagreement, or absence of agreement, file before Panel of Arbitrators

Posting of a Bond
1. Indemnitor : Permittee/Permit Holder/Contractor
2. Type of : Cash or surety bond from an accredited surety
Bond
3. Jurisdiction : Regional Office
4. Amount : Agreed by the parties
5. In case of 1. MGB – areas within mineral reservations/RD – areas
disagreement outside
2. Based on the type of land, value of trees, plants and
existing improvements

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