LEGISLATIVE AND ADMINISTRATIVE ISSUANCES GOVERNING COAL OPERATIONS IN THE PHILIPPINES


Presidential Decree No. 972

An act providing for the active and systematic exploration, exploitation, development, disposition and utilization of Philippine coal resources. This decree introduced the Philippine coal service contract system and established the appropriate guidelines for coal operations.

Rules and Regulations Implementing Presidential Decree No. 972, otherwise known as the "Coal Development Act of 1976"

Presidential Decree No. 1174

An act amending PD 972 and awards additional incentives to coal operators through the reimbursement of all operating expenses not exceeding ninety percent (90%) of the gross income after deducing all operating expenses, the grant of special allowances for Filipino participation of at least 60% in the coal development project, the grant of timber and water rights within the coal contract area and access to government reserved lands subject to applicable laws and guidelines by the concerned agencies.

Republic Act No. 7638

An act creating the Department of Energy, rationalizing the organizations and functions of government agencies related to energy, and for other purposes

The Indigenous People's Rights Act of 1997 (Republic Act No. 8371)

An act establishing the implementing mechanisms to protect and promote the rights of indigenous cultural communities/indigenous peoples

The Omnibus Investments Code of 1987 (Executive Order No. 226)

BED Circular No. 81-11-10, "Guidelines for Coal Operations in the Philippines"

This Circular issued on November 26, 1981, sets out the rules and regulations to implement the provision of PD 972 as amended by PD 1174.

BED Circular No. 1, Series of 1978, "Coal Mine Safety Rules and Regulations"

This Circular is a set rules and regulations promulgated pursuant to Section 9 of PD 972. Safety rules are prescribed for underground and surface mine operations covering requirements for exit, escape ways, submission of mine maps, ventilation, allowable limits of toxic and explosive gases. Control of coal dust, ground support, rescue organization for emergency situations, fire protection, handling of explosives, health and sanitation facilities and other miscellaneous safety rules.

OEA Circular No. 89-08-09

Specifically defining the areas of coal mining activities that are allowed to be sub-contracted by a coal operating contract (COC) holders.

BED Circular No. 85-10-03

Rules and regulation in addition to BED Circular No. 82-12-12

BED Circular No. 82-12-12

Guidelines on exploration activities.

BED Circular No. 81-11-09

Exemption of spare parts imported shall be limited to spare parts imported within a particular one calendar year period, the aggregate cost of which shall not exceed Ten Percent (10%) of the specific machinery or equipment were they will be used.

BED Circular No. 81-07-07

Safety rules and regulations to be complied with, by holders of Coal Operating Contract.

BED Circular No. 80-11-09

Use of sticker with the seal of the DOE and its accompanying descriptions "Tax Exempt and Entered under PD No. 972" on every machinery or equipment imported.