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CHAPTER V I I
QUARRY RESOURCES
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Sec. 78. Quarry resources within ancestrai domains. - Gathering of quarry
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resources, sand and gravel, guano and other organic fertilizer materials, and gemstones
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within ancestral domains shall likewise be subject to the free prior informed consent of
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ICCs/IPs. ICCs/IPs and the government shall be entitled to at least ten per cent (10% )
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of royalties depending on whether the resources are found inside or outside ancestral
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domains. Permits shall be limited to a maximum term of five (5) years, renewable for
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like periods but not exceeding a total term o f twenty five (25) years, and a maximum
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area of five (5) hectares.
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Sec. 79. Quarry Perm it - Any qualified Filipino may apply for a quarry permit on
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privately- owned lands except ancestral domains and/or public lands for building and
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construction materials such as marble, basalt, andesite, conglomerate, tuff, adobe,
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granite, gabbro, serpentine, inset filling materials, clay for ceramic tiles and building
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bricks, pumice, perlite and other similar materials that are extracted by quarrying from
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the ground at the provincial/city mining regulatory board. The provincial governor shall
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grant the
permit after the applicant has complied with all the
requirements as
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prescribed
by the rules and regulations set forth by this Act.
Provided, That
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gathering/extraction of sand for its metallic contents such as magnetite from the
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country's rivers and shorelines shall be require a mineral agreement in lieu of a quarry
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permit.
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The maximum area which a qualified person may hold at any one time shall be limited
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to a surface area of five hectares (5 has.): Provided, That in large-scale quarry
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operations involving cement raw materials,
marble, granite, sand and gravel and
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construction aggregates, a qualified person
and the government may enter into a
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mineral agreement as defined herein.
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A quarry permit shall have a term of five (5) years, renewable for like periods but not to
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exceed a total term of twenty-five (25) years. No quarry permit shall be issued or
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granted on any area covered by a mineral agreement.
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Sec. 80. Quarry Fee and Taxes. - A permittee shall pay a quarry fee as provided
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for under the implementing rules and regulations. The permittee shall also pay the
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excise tax as provided by pertinent laws.
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Sec. 81. Cancellation o f Quarry Perm it - A quarry permit may be cancelled by
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the provincial governor for violations of the provisions of this Act or its implementing
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rules and regulations or the terms and conditions of said permit: Provided, That before
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the cancellation of such permit, the holder thereof shall be given the opportunity to be
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