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    RA 7942 (Cancellation of Permit)

    Uploaded by

    Kit Champ
    This document outlines the grounds and procedures for cancellation, revocation, and termination of mining permits, mineral agreements, and financial or technical assistance agreements in the Philippines. Key grounds include late or non-filing of permits, false statements, non-payment of taxes/fees for two years, failure to fulfill obligations, and law/policy violations. Upon expiration or cancellation, mining rights return to the government to lease to new operators through a bidding process, with the original holder having a right to match the highest bid except in cases of tax/fee non-payment or violation of terms.

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    © All Rights Reserved
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    RA 7942 (Cancellation of Permit)

    Uploaded by

    Kit Champ
    224 views2 pages
    This document outlines the grounds and procedures for cancellation, revocation, and termination of mining permits, mineral agreements, and financial or technical assistance agreements in the Philippines. Key grounds include late or non-filing of permits, false statements, non-payment of taxes/fees for two years, failure to fulfill obligations, and law/policy violations. Upon expiration or cancellation, mining rights return to the government to lease to new operators through a bidding process, with the original holder having a right to match the highest bid except in cases of tax/fee non-payment or violation of terms.

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    This document outlines the grounds and procedures for cancellation, revocation, and termination of mining permits, mineral agreements, and financial or technical assistance agreements in the Philippines. Key grounds include late or non-filing of permits, false statements, non-payment of taxes/fees for two years, failure to fulfill obligations, and law/policy violations. Upon expiration or cancellation, mining rights return to the government to lease to new operators through a bidding process, with the original holder having a right to match the highest bid except in cases of tax/fee non-payment or violation of terms.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    224 views2 pages

    RA 7942 (Cancellation of Permit)

    Uploaded by

    Kit Champ
    This document outlines the grounds and procedures for cancellation, revocation, and termination of mining permits, mineral agreements, and financial or technical assistance agreements in the Philippines. Key grounds include late or non-filing of permits, false statements, non-payment of taxes/fees for two years, failure to fulfill obligations, and law/policy violations. Upon expiration or cancellation, mining rights return to the government to lease to new operators through a bidding process, with the original holder having a right to match the highest bid except in cases of tax/fee non-payment or violation of terms.

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    © All Rights Reserved
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    CANCELLATION, REVOCATION AND TERMINATION

    OF A PERMIT/MINERAL AGREEMENT/FTAA

    Grounds:
    1. Late or non-filing of permits
    a. Without valid reason
    2. Falsehood or omission of facts in the application for Exploration Permit, Mineral Agreement,
    FTAA, or other permits which may alter, change, or affect substantially the facts set forth in said
    statements
    3. Non-payment of taxes and fees due the government for 2 consecutive years; and
    4. Failure to perform all other obligations, including abandonment, under the permits or agreements
    5. Violation of the terms and conditions of the Permits or Agreements
    6. Violation of existing laws, policies, and rules and regulations.

    Suspension or Cancellation of Tax Incentives and Credits


    1. Grounds for cancellation/suspension - The Bureau may suspend or cancel wholly or partially any
    incentive granted under the rules and regulations for any cause including the following:
    a. Any violation of the Act, rules and regulations implementing the same or of the terms and
    conditions in the Mineral Agreement or FTAA
    b. Any material misrepresentation or false statements made to the Bureau at any time
    before or after the approval/conclusion of its Mineral Agreement or FTAA
    c. Whenever the project ceases to be viable and its continued operation would require
    additional costs to the economy
    i. In this case, the Bureau shall evaluate the status of the project and shall decide if
    suspension/cancellation shall be imposed
    2. Withdrawal from the Mineral Agreement or FTAA
    a. Whenever a Contractor decides to:
    i. withdraw from business or
    ii. suspend its operations covered by the Agreement
    b. Requirements:
    i. Written notice to the Director
    ii. Before decision is implemented
    c. Effects of withdrawal from business operations shall:
    i. Automatically cancel the Mineral Agreement or FTAA
    ii. Contractor shall cease to be entitled to the incentives
    iii. MGB shall determine the effect of withdrawal from business or suspension of
    operations covered by the Agreement shall considering the reasons therefor
    3. Refund and penalties in case of cancellation of MA or FTAA
    a. MGB may recommend to other incentive-dispensing agencies:
    i. Cancellation of registration
    ii. Without prejudice to the imposition of penalties and refund of incentives availed
    of

    Effect of Expiration and Cancellation, Revocation And/or Termination of a Permit and Mineral
    Agreement/FTAA
    1. Upon the expiration of a Mining Permit/Mineral Agreement/FTAA, the mining operations may be
    undertaken by:
    a. Government through one of its agencies or
    b. Through a qualified independent Contractor
    i. Contract shall be awarded to the highest bidder
    ii. Contractor/Permit Holder shall have the right to equal the highest bid
    1. Upon reimbursement of all reasonable expenses
    2. Upon cancellation/revocation/termination of a Mining Permit/ Mineral Agreement/FTAA
    a. The Director shall enter in the registration book and
    b. Notice shall be posted on the bulletin board of MGB, and Regional Office and
    c. The mining area covered shall be open to mining applications
    i. The mining operations may be undertaken by the Government through one of its
    agencies or
    ii. Through a qualified independent contractor
    1. The contract shall be awarded to the highest bidder
    3. If the cancellation/revocation/ termination of the contract is due to violation of the terms and
    conditions
    a. Contractor/Permit Holder shall not have the right to equal the highest bid
    4. Non-payment of taxes and fees causing the cancellation/revocation/termination of a Mining
    Permit/Mineral Agreement/FTAA shall have also the effect of re-opening the mining area to new
    applicants

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