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PMRB Reconstitution and I ts Operation Ruben G. Soriano MGB, R1

PMRB Reconstitution and I ts Operation Ruben G. Soriano MGB, R1. Outline of Presentation. Laws and Policies on the Devolution of MGB, DENR Functions Mandate and Functions of the PMRB Devolved Functions of the MGB Operationalization of the PMRBs Reconstitution of the PMRBs.

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PMRB Reconstitution and I ts Operation Ruben G. Soriano MGB, R1

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  1. PMRB Reconstitution and ItsOperation Ruben G. Soriano MGB, R1

  2. Outline of Presentation Laws and Policies on the Devolution of MGB, DENR Functions Mandate and Functions of the PMRB Devolved Functions of the MGB Operationalization of the PMRBs Reconstitution of the PMRBs

  3. Laws and Policies on the Devolution of MGB, DENR Functions

  4. Mandate of the P/CMRB Sect. 24, R. A. No. 7076 There is hereby created under the direct supervision and control of the Secretary a P/CMRB which shall be the implementing agency of the Department and shall exercise powers and functions, subject to the review by the Secretary:

  5. Functions of the PMRB

  6. Composition of the P/CMRB: Sect. 25, R.A. No. 7076 and Sect. 70, CDAO 2010-21 MGB Regional Director/Rep. - Chairman Governor/City Mayor/Rep. - V. Chairman Large-Scale Mining Rep. - Member Small-Scale Mining Rep. - Member DENR-duly accredited environmental NGO Rep. - Member The MGB Regional Office shall provide the Technical Secretariat to the PMRB

  7. Local Gov’t. Code of 1991 (RA 7160) xxx They shall also discharge the functions and responsibilities of national agencies and offices devolved to them pursuant to this Code Section 17 of RA 7160 Pursuant to national policies and subject to supervision, control and review of the DENR, enforcement of xxx laws xxx limited to xxx pollution control laws, small-scale mining laws and other laws on the protection of the environment, xxxSection 17 b.3.iii of RA 7160

  8. Devolved Functions of the MGBDENR DAO 92-30 as amended by DAO 92-37 Enforcement of small-scale mining laws involving areas not declared as govt. mineral reservations, subject to policies, standards and guidelines of the DENR

  9. Devolved Functions of the MGBDENR DAO 92-30 as amended by DAO 92-37 Issuance of permit for guano collection, special permits for pebble picking and to extract sand, gravel and other quarry resources . . . . , the permits thereof shall be issued by the Provincial Governor upon area clearance from the concerned DENR Regional Office and upon the recommendation by the PMRB, and;

  10. Devolved Functions of the MGBDENR DAO 92-30 as amended by DAO 92-37 Verification and adjudication of conflicts on and collection of fees and charges for guano collection and the extraction of sand, gravel and other quarry resources.”

  11. PMRB Operations • The SO creating the PMRBs was issued • by the RD, MGB • Additional members covered by • PMRB resolutions The PMRBs of the 4 provinces of Region 1 had been operationalized since 1997 • The inclusionof a DENR representative • as member of the PMRBis covered by • DENR-1 Regional Circular No. 2009-12

  12. Present Composition of the PMRB

  13. Present Composition of the PMRB

  14. Members of Technical Secretariat

  15. Acceptance, Processing and Evaluation of Mining Applications by the PMRBSections 74-77, 81-85, 89-92, CDAO 2010-21

  16. Acceptance, Processing and Evaluation of Mining New Applications by the PMRBSections 74-77, 81-85, 89-92, CDAO 2010-21

  17. Policy Formulation PMRB IlocosNorte and Ilocos Sur “A Resolution Recommending to the Hon. Governor to Accept Renewal Applications upon Filing and/or Submission of Letter of Intent on or before the Expiration of the Mining Permit within the Reglamentary Period and Submittal of Requirements within Thirty (30) days after the Expiration of the Permit ʼʼ.

  18. Policy Formulation PMRB La Union “A Resolution Requiring All Mining Permit Holders to Attend the General Assembly Meeting and Making the Attendance to Said Meeting as a Requirement for Renewal of LGU Issued Mining Permits”.

  19. Policy Formulation PMRB Pangasinan “A Resolution Requiring All ISAG Permit Holders to Declare the Volume of Alluvial Gold/Magnetite Sand that are Recovered from their Mechanical Processing Plants and Pay the Corresponding Fees or Taxes Due Thereof”.

  20. Reconstitution of the PMRB DENR Memorandum Circular No 97- 05 Procedural Guidelines in the Creation of the Provincial/City Mining Regulatory Board

  21. The composition of the P/CMRB shall be in full accord with Section 70 of CDAO 2010-21; Salient Features of DENR MC 97-05 The SO creating the Board shall be signed by the DENR Secretary; Any party/s included or added shall be determined through consensus by the Board and shall act as observer/s only; Present composition maybe sustained until such time that the pertinent DENR SO creating the Board is signed.

  22. Membership Qualification CriteriaDENR MC 97-05 Must be an active and bona-fide member of and nominated by the organization being represented; Must be a resident or have established work relating to the organization in the Province/City covered by the Board;

  23. Membership Qualification Criteria DENR MC 97-05 • In the absence of nominees from the subject province/city, the CMP/duly organized SSM association based on neighboring province/city, shall nominate their respective nominees, and; • In the absence of DENR-accredited NGO in the subject province/city, the Board may consider nominations from DENR-accredited NGO based on neighboring province/city.

  24. Procedure in the Creation of the P/CMRBDENR MC 97-05 The approved DENR SO creating the Board shall be disseminated to all concerned

  25. Compensation of the Members of the P/CMRBSection 25, DAO 34, s. 1992 Sec. 25 The members of the Board shall receive compensation based on meetings attended at the rate prescribed by pertinent laws subject to existing accounting and auditing procedures.

  26. Compensation of the Members of the PMRB The members of the Board shall receive compensation based on meetings attended at the rate prescribed by pertinent laws subject to existing accounting and auditing procedures. Section 25, DAO 34, s. 1992 Members of the Board maybe entitled to per diems not exceeding PhP 1,000.00 per session but not to exceed 4 paid sessions or PhP 8,000.00/month Support Staff may be granted honoraria not exceeding PhP 200.00/session attended but not to exceed 4 paid sessions or PhP 800.00/month DBM Circular No. 72 dated 5 Dec 2000

  27. Funding Source • Funds necessary for the implementation hereof shall be sourced from the taxes, fees and charges collected from mining contractors, consistent with Sections 26 and 27 of DAO 34, s. 1992

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