EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE 
S. No. 1 0 7 5
^cu ate
of ihf
*19 SEP 26 Air-12
"iKEiOTT
Introduced hy SENATOR LEILA M. DE LIMA
AN ACT
PROHIBITING BLACK SAND MINING IN THE PHILIPPINES, 
PROVIDING PENALTIES THEREFOR, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Black sand or magnetite is defined by the Mines and Geosciences Bureau 
(MGB) as dark, often glossy mixture of sand materials which originates from the 
weathering of dark rocks situated near shore or transported from inland through 
natural drainage mostly deposited in beaches and river deltas. It is popularly used as 
an additive in the manufacture of concrete and steel products, magnets, paints, ink, 
paper, jewelry and cosmetics. It is a very lucrative commodity in foreign markets 
such as in China, Taiwan and Korea. On the other hand, black sand is an important 
mineral that keeps sand particles heavier and more compressed, thus serving as a 
natural barrier of land surfaces and fresh water deposits from seawater and ensures 
that seawater is at a level lower than land surface area.
Studies made by environmental groups in areas with black sand mining 
activities show that black sand mining operations contribute greatly to the depletion 
of fishery resources, erosion of land and severe flooding. It is even predicted that 
areas mined for magnetite or black sand could sink and be underwater within 30 to 
70 years as rapid subsidence will highly expose said areas to flooding and seasonal 
typhoon.
In Cagayan, for example, the effects are now easily seen. Houses are 
crumbling because the sand underneath it are getting eroded; rice fields are 
shrinking and harvests are becoming less as the fields are inundated by saltwater. 
Fisherfolk are reporting reduced catch. It is, therefore, believed that black sand 
mining operations contributed to the depletion of fisheries, saltwater and chemical


intrusion into freshwater table, and worsened flooding in coastal and riverside 
community due to bank erosion. Moreover, in one of the areas affected by black sand 
mining operations showed a growing number of cases of skin and lung diseases 
attributed to the black sand mining and noted other related diseases such as severe 
eye irritation and hernia.
Sad to say, notwithstanding the alarming adverse effect of exploration and 
extraction of black sand or magnetite on the en\dronment and human life, and 
despite government efforts to curb illegal activities relative thereto, black sand 
mining operations has been proliferating in different parts of the county. There are 
reports that unscrupulous mining operators, mostly foreign nationals, are conniving 
with some local government officials who allow them to operate despite opposition 
from the residents of the affected areas. For instance, 23 Chinese nationals were 
arrested in Cagayan for alleged illegal extraction of black sand along the coastline of 
Aparri while 14 Chinese nationals were apprehended in Camarines Norte for illegal 
black sand mining.
At present, there are three laws which deal on black sand mining, namely: 
R.A. No. 7942 or the “Mining Act of 1995,” Batas Pambansa Big. 265 and Executive 
Order 79. Under the implementing rules of the Mining Act of 1995> mining is 
prohibited in areas such as offshore areas within five hundred (500) meters from the 
mean low tide level and onshore areas within two hundred (200) meters from the 
mean low tide along the coast. B.P. Big. 265 prohibits the extraction of gravel and 
sand and such other activities as would erode and diminish the natural beauty of 
beaches. Lastly, E.O. No. 79 provides for a moratorium on granting of mineral 
agreements, including those covering black sand mining operations.
Stated differently, there is really no law which directly prohibits black sand 
mining. Black sand mining is not illegal per se as long as the mining companies 
comply with the requirements and that the area intended to be mined is not within 
the prohibited areas. Moreover, the penalty imposed under the existing laws is not 
proportionate to the damage caused to the environment and human life.
An environmental compliance certificate (ECC) issued by the Department of 
Environment and Natural Resources (DENR) for dredging projects cannot be used in 
the extraction of mineral resources, more so in transporting the extracted materials 
to a designated area. However, in practice, a lot of mining firms conduct black sand


mining under the cover of dredging permits. Safeguards must be put in place to 
prevent this abuse of dredging permits.
The fear of danger to the lives and property of residents, massive residential 
displacement, saltwater flooding, landslides weakening or destruction of the natural 
defense and barriers of coastal communities, and loss of fishing livelihood right due 
to exploration and mining operations necessitate the passage of a law that completely 
stops black mining in the Philippines and imposes stiff penalties for violation 
thereof.
In view of the foregoing, the passage of this bill is earnestly requested.
LEII.AM. DEMMA


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE 
S. No. 
1 0 7 5
Jen n ie
£i( tl) f g » fc rrtn rj<
•19 
SEP 26 All ’-12
HECElViDiv
Introduced by SENATOR LEILA M. DE LIMA
AN ACT
PROHIBITING BLACK SAND MINING IN THE PHILIPPINES, 
PROVIDING PENALTIES THEREFOR, AND FOR OTFIER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section i. Short Title. -  This Act shall be known as the “Anti-Black Sand
2 
Mining Act.”
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Sec. 2. Declaration of Policy. -  The State shall protect and advance the right 
of the people to a balanced and healthful ecology in accord with the rhythm and 
harmony of nature. Towards this end, the State shall put an end to all activities that 
will negatively affect the environment. The State shall further ensure that all 
legitimate permits will not be abused to circumvent the laws against illegal mining.
Sec. 3. Definition of terms. -  As used in this Act, the following terms shall
mean:
a) Black sand or magnetite - the mineral resource used in the production of 
steel, the generation of high-density concrete, in making ordinary ink or toner for 
photocopy machines, for high-temperature coating for some steam boiler, magnets, 
paint, paper, jewelry and cosmetics.
b) Black sand Mining - the extraction of black sand or magnetite iron ores 
from riverbeds, seashores and other areas closed to mining, as well as other 
activation related thereto such as exploration, feasibility, development, utilization 
and processing.
c) Dredge materials - include sand, gravel and other geological materials 
collected as a result of dredging activities. For purposes of this Act, non- 
biodegradable human solid waste is not considered as dredge material.


1 
Sec. 4. Disposal of Dredge Materials. -  To prevent black sand mining under
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the guise of dredging, all dredging permits shall require that all dredge materials
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collected in sites where black sand or magnetites exist be disposed on government-
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controlled dredgefills. Dredging permits shall likewise require a prior certification
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from the Mining and Geosciences Bureau, Department of Environment and Natural
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Resources (DENR) on whether black sand or magnetites exist in the proposed
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mining sites.
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For the purpose of this Section, the DENR shall promulgate rules that would
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require provincial DENR offices to determine, designate, acquire, and operate
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dredgefills, either permanently or as necessary. Such rules shall also provide for
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rehabilitation of discontinued dredgefill sites.
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Sec. 5. Prohibited Acts. -  It shall be unlawful for any person, natural or
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juridical, to engage in black sand or magnetite mining in the coastal areas of the
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country.
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It shall also be unlawful for any person, natural or juridical, to appropriate any
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and all dredge materials collected in sites where black sand or magnetites exist.
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Failure to dispose of dredge materials as provided in Section 4 of this Act shall
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constitute illegal mining and shall be subject to the same penalty as black sand or
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magnetite mining.
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Sec. 6. Penalty. -  Any person who violates the provisions of the Act shall be
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punished with imprisonment of not less than six (6) years but not more than twelve
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(12) years and fine of not less than One Million Pesos (Pi,000,000.00) but not more
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than Ten Million Pesos (Pio,ooo,ooo.oo).
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If the offender is a juridical person, the penalty shall be imposed upon the
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officers or directors responsible for the violation thereof.
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If the offender is an alien, after the service of sentence and payment of fine, he
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or she shall be deported immediately without further proceedings.
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Sec. 7. 
Implementing Rules. -  Within ninety (90) days following the
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effectivity of this Act, the DENR, in coordination with the Local Government Units
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concerned, shall promulgate the necessary^ rules and regulations for its effective
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implementation.


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Sec. 8. Revocation of Existing Agreements. -  Upon approval of this Act, all
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contracts and agreements entered into by all existing mining operations involving
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black sand or magnetite shall be deemed cancelled or terminated and all permits
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allowing black sand extraction issued by the national government and local
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government shall be deemed revoked. Mining operations shall rehabilitate the
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excavated, mind-out, tailing covered and disturbed areas to the condition of
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environmental safety in accordance with existing laws, rules and regulations.
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Sec. 9. Separability Clause. -  If any provision or part hereof, is held invalid or
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unconstitutional, the remainder of the law or the provision not otherwise affected
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shall remain valid and subsisting.
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Sec. 10. Repealing Clause. -  Any law, presidential decree or issuance,
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executive order, letter of instruction, administrative order, rule or regulation
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contrary to or is inconsistent with the provision of this Act is hereby repealed,
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modified, or amended accordingly.
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Sec. 11. Ejfectivity Clause. -  This Act shall take effect fifteen (15) days after
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its publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,