< Republic of » Philippines & Department of Environment and Natural Resources MINES AND GEOSCIENCES BUREAU North Avenue, Diliman, Quezon City, Philippines Teo, (463 2) $20-3120820-9190Trnkne No, 67-6700 loc, 14 Fax No, (163 2) 820-1635 Ema: central@ngb.gowoh MEMORANDU!I IRCULAR No. 2022 -_0) Of OCT 11 2022 SUBJECT: PROCEDURAL GUIDELINES ON THE AMENDMENT OF MINERAL PRODUCTION SHARING AGREEMENT BY ANNEXING MINING APPLICATION/S PURSUANT TO DENR ADMINISTRATIVE ORDER NO. 2014-06 Pursuant to Republic Act (RA) No. 7942 or the Philippine Mining Act of 1995, Executive Order No. 79, Series of 2012, DENR Administrative Order (DAO) Nos. 2010-21 and 2014-06, the following guidelines on the procedural steps on the processing of the amendment of Mineral Production Sharing Agreement by annexing mining application/s are hereby provided: Section 1. Criteria for Amendment of Contract Areas All Contractors who meet the following criteria can amend their MPSA contract areas by annexing applications for MPSA or Exploration Permit (EP): 1 The MPSA of interest shall be in the Operating Period; 2. The areals to be annexed to the MPSA contract area shall comply with all the requirements for an MPSA application; 3. The area/s to be annexed shall be adjacent/contiguous to the MPSA contract area; 4, The area/s to be annexed shall have the same target commodity as the original MPSA; and 5. The area/s to be annexed shall have the available mineral resources/reserves, as verified by a field validation of the Mines and Geosciences Bureau Regional Office concerned. Section 2. Filing and Processing of Amendment of Contract Areas The amendment of contract areas under DAO No. 2014-06 shall be filed by the applicant either personally or through its duly authorized representative with the Regional Office concerned, for initial evaluation: Provided, That an application shall be accepted only upon payment of the required fees to the Regional Office concerned: Provided, further, That any application with incomplete mandatory requirements shall not be accepted. Within fifteen (15) working days from receipt of the application, the Regional Office concerned shall conduct evaluation thereof and if found to be in order, it shall endorse the application to this Office, for final review and subsequent endorsement, if warranted, to the DENR Secretary for approval. "MINING SHALL BE PRO-PEOPLE AND PRO-ENVIRONMENT IN SUSTAINING WEALTH CREATION AND IMPROVED QUALITY OF LIFE.” 20. 22/)Section 3. Mandatory Requirements for the Amendment of Contract Areas The applicant shall submit two (2) printed copies and one (1) digital copy of the following requirements for amendment of contract areas by annexing other mining application/s: 1. Letter of Intent duly signed by the company's President; 2. Mines and Geosciences Bureau-registered Secretary's Certificate attesting that the company's President is the authorized representative of the company in connection with the application for amendment; 3. Location Map/Sketch Plan of the amended MPSA contract area with the consolidated area/s marked as separate parcels, using a 1:50,000 National Mapping and Resources Information Authority topographic map, with the corresponding geographical coordinates and hectarage, duly prepared, sealed and signed by a deputized Geodetic Engineer, 4. Proofis of payment of Amendment Fee pursuant to Section 1.1.7.a of DAO No. 2005-08 (PhP20.00 per hectare or a fraction thereof but not less than PhP25,000.00 per application); 5. Proofis of payment of Conversion Fee of EP to MPSA pursuant to Section 1.1.5.a of DAO No. 2005-08 (PhP100.00 per hectare or a fraction thereof but not less than PhP50,000.00 per conversion), if applicable; 6. Amended Three-Year Development/Utilization Work Program for the area covered by the amended MPSA; 7. Amended Environmental Compliance Certificate; 8. Amended Environmental Protection and Enhancement Program, and Final Mine Rehabilitation and/or Decommissioning Plan; 9. Amended Social Development and Management Program; 10. Care and Maintenance Program; 11. Application for Order of Survey; 12. Final Exploration Report for the area/s to be annexed, duly prepared, signed and sealed by a Competent Person pursuant to the pertinent provisions of DAO No, 2010-09, and validated by the Mines and Geosciences Bureau; 13. Mines and Geosciences Bureau-registered Affidavit of Undertaking pursuant to DENR Memorandum Order No. 99-10; 14. Certificate of Environmental Management and Community Relations Record;15, 16. 17. 18, Section 4. This Memorandum Circular shall take effect immediately. Certification by the Mines and Geosciences Bureau Regional Office concerned as to the compliance of the Contractor with the terms and conditions of the MPSA including the level of implementation of the Work Programs and compliance with the reporting requirement and fiscal obligations; Project approval/endorsement by majority of the Sanggunian concerned for the area/s to be annexed; National Commission on Indigenous Peoples Certification for the area/s to be annexed; and Updated proof of financial capability to undertake the implementation of the activities under the Work Programs, in the form of latest Audited Financial Statement and/or Annual Report, and credit lines/bank guarantees/deposits, Effectivity 0G. MONCANO j Director +