CHAP 3 Flashcards by Agatha Ofrecio

RA 7076 MEANS

“People’s Small-Scale Mining Act of 1991”

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RA 7076 APPROVED ON

June 27, 1991

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 took charge of the administration and disposition of minerals and mineral lands

MINES AND GEOSCIENCE BUREAU

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-to promote, develop, protect and rationalize/ justify viable small- scale mining activities in order to generate more employment opportunities and provide an equitable sharing of the nation’s wealth and natural resources, giving due regard to existing rights as herein provided.

RA 7076 “People’s Small-Scale Mining Act of 1991”

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-refer to areas with naturally occurring mineral deposits of gold, silver, chromite, kaolin, silica, marble, gravel, clay and like mineral resources

“MINERALIZED AREAS”

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-refers to mining activities which rely heavily on manual labor using simple implement and methods and do not use explosives or heavy mining equipment

“SMALL-SCALE MINING”

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-refer to Filipino citizens who, individually or in the company of other Filipino citizens, voluntarily form a cooperative duly licensed by the DENR to engage, under the terms and conditions of a contract, in the extraction or removal of minerals or ore-bearing materials from the ground

“SMALL-SCALE MINERS”

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–different kind of stones

LAVA

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–waters are contaminated with mercury to segregate the gold kasi yun yung kukunin nila at ititinda

LAVA

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–there are areas that are designated and determined by the Secretary of DENR that are good for mining or subject to mining for these small scale miners na they can extract gold from there

“ACTIVE MINING AREA”

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-refers to areas under actual exploration, development, exploitation or commercial production as determined by the Secretary after the necessary field investigation or verification including contiguous and geologically related areas belonging to the same claim owner and/or under contract with an operator, but in no case to exceed the maximum area allowed by law;

“ACTIVE MINING AREA”

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“ACTIVE MINING AREA” EXAMPLE IN PH

ATOK-BIG WEDGE COMPANY, INC

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-refers to co- production, joint venture or mineral production sharing agreement between the State and a small- scale mining contractor for the small-scale utilization of a plot of mineral land;

SMALL-SCALE MINING CONTRACT”

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-refers to an individual or a cooperative of small-scale miners, registered with the SECURITIES AND EXCHANGE COMMISSION (SEC) OR OTHER APPROPRIATE GOVERNMENT AGENCY, which has entered into an agreement with the State for the small-scale utilization of a plot of mineral land within a people’s small-scale mining area

“SMALL-SCALE MINING CONTRACTOR”

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“SMALL-SCALE MINING CONTRACTOR” IS REGISTERED TO

SECURITIES AND EXCHANGE COMMISSION (SEC) OR OTHER APPROPRIATE GOVERNMENT AGENCY

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SEC MEANS

SECURITIES AND EXCHANGE COMMISSION

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CDA MEANS

COOPERATIVE DEVELOPMENT AUTHORITY (CDA)

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is a mountain in Mindanao that was discovered to have rich gold and silver deposits in 1939

 MT. DIWALWAL

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-Implemented by the SECRETARY OF THE DENR in coordination with other concerned government agencies

PEOPLE’S SMALL-SCALE MINING PROGRAM

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designed to achieve an orderly, systematic and rational scheme for the small-scale development and utilization of mineral resources in certain mineral areas in order to address the social, economic, technical, and environmental connected with small-scale mining activities.

PEOPLE’S SMALL-SCALE MINING PROGRAM

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-Implemented by the SECRETARY OF THE DENR in coordination with other concerned government agencies, designed to achieve an orderly, systematic and rational scheme for the small-scale development and utilization of mineral resources in certain mineral areas in order to address the social, economic, technical, and environmental connected with small-scale mining activities.

PEOPLE’S SMALL-SCALE MINING PROGRAM

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The People’s Small-scale Mining Program shall include the following features:

(a) The identification, segregation and reservation of certain mineral lands as people’s small-scale mining areas;

(b) The recognition of prior existing rights and productivity;

(d) The extension of technical and financial assistance, and other social services;

(e) The extension of assistance in processing and marketing;

(f) The generation of ancillary livelihood activities;

(g) The regulation of the small-scale mining industry with the view to encourage growth and productivity; and

(h) The efficient collection of government revenue.

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PEOPLE’S SMALL-SCALE MINING AREAS

◆ PUBLIC LANDS not subject to any existing right;

◆ PUBLIC LANDS covered by existing mining rights which are not active mining areas; and

◆ PRIVATE LANDS, subject to certain rights and conditions, except those with substantial improvements or in bona fide and regular use as a yard, stockyard, garden, plant nursery, plantation, cemetery or burial site, or land situated within one hundred meters (100 m.) from such cemetery or burial site, water reservoir or a separate parcel of land with an area of ten thousand square meters (10,000 sq. m.) or less.

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PRIVATE LANDS, subject to certain rights and conditions, except those with substantial improvements or in bona fide and regular use as

a yard,

stockyard,

garden,

plant nursery,

plantation,

cemetery or burial site, or

land situated within one hundred meters (100 m.) from such cemetery or burial site,

water reservoir or a separate parcel of land with an area of ten thousand square meters (10,000 sq. m.) or less.

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- No ____ may be declared as a people's small-scale mining area without the prior consent of the cultural communities concerned

ancestral land

provided, that, if ____ are declared as people's small-scale mining areas, the members of the cultural communities therein shall be given priority in the awarding of small-scale mining contracts.

ancestral lands

NCIP MEANS

NATIONAL COMMISSION ON INDIGENOUS PEOPLE

provided, that, if ancestral lands are declared as people's small-scale mining areas, the ____ therein shall be given priority in the awarding of small-scale mining contracts.

members of the cultural communities

-All persons undertaking small-scale mining activities shall register as miners with the ____ and may organize themselves into cooperatives in order to qualify for the awarding of a people's small-scale mining contract.

Board

AWARD OF PEOPLE'S SMALL-SCALE MINING CONTRACTS

◆ to small-scale miners who have voluntarily organized and have duly registered with the appropriate government agency as an individual miner or cooperative; ◆ Provided, that only one (1) people's small-scale mining contract may be awarded at any one time to a small-scale mining operations within one (1) year from the date of award: ◆ provided, further, that priority shall be given or city where the small-scale mining area is located.

to ___ who have voluntarily organized and have duly registered with the appropriate government agency as an individual miner or cooperative;

small-scale miners

Provided, that only ___ people's small-scale mining contract may be awarded at any one time to a small-scale mining operations within ___ from the date of award:

one (1) one (1) year

provided, further, that priority shall be given or city where the ___

small-scale mining area is located.

shall determine the reasonable size and shape of the contract area following the meridional block system established but in no case shall the area exceed twenty hectares (20 has.) per contractor and the depth or length of the tunnel not exceeding that recommended by the DIRECTOR

Board/DENR

The Board/DENR shall determine the reasonable size and shape of the contract area following the

meridional block system

The Board/DENR shall determine the reasonable size and shape of the contract area following the meridional block system established but in no case shall the area exceed _____ and the depth or length of the tunnel not exceeding that recommended by the ___

twenty hectares (20 has.) per contractor DIRECTOR

the depth or length of the tunnel or adit not exceeding that recommended by the director taking into account the following circumstances:

◆ Size of membership and capitalization of the cooperative; ◆ Size of mineralized area; ◆ Quantity of mineral deposits: ◆(d) Safety of miners; ◆ (e) Environmental impact and other considerations; and ◆ (f) Other related circumstances

A people's small-scale mining contract entitles the small-scale mining contractor to the right to

mine, extract and dispose of mineral ores for commercial purposes.

In no case shall a small-scale mining contract be

subcontracted, assigned or otherwise transferred.

_______ subject to verification by the Board for like periods as long as the contractor complies with the provisions set forth in this Act, and confers upon the contractor the right to mine within the contract area:

TWO (2) YEARS, RENEWABLE

In case a site declared as a people's-scale mining area is covered by an existing mining right, the ____ therein are encouraged to enter into a voluntary and acceptable contractual agreement with respect to the small-scale utilization of the mineral values from the area under claim.

claim owner and the small-scale miners

In case a site declared as a people's-scale mining area is covered by an existing mining right, the claim owner and the small-scale miners therein are encouraged to enter into a ____ with respect to the small-scale utilization of the mineral values from the area under claim.

voluntary and acceptable contractual agreement

IN CASE OF DISAGREEMENT, THE CLAIM OWNER SHALL BE ENTITLED TO THE FOLLOWING RIGHTS AND PRIVILEGES:

◆ Exemption from the performance of annual work obligations and payment of occupation fees, rental, and real property taxes; ◆ Subject to the approval of the Board, free access to the contract area to conduct metallurgical tests, explorations and other activities, provided such activities do not unduly interfere with the operations of the small-scale miners; and ◆ Royalty equivalent to one and one half percent (1 1/2%) of the gross value of the metallic mineral output of one percent (1%) of the gross value of the nonmetallic mineral output to be paid to the claim owner: provided, that such rights and privileges shall be available only if he is not delinquent and other performance of his annual work obligations and other requirements for the last two (2) years prior to the effectivity of this Act

Exemption from the performance of annual work obligations and payment of

occupation fees, rental, and real property taxes

Subject to the approval of the Board, free access to the contract area to conduct ____, provided such activities do not unduly interfere with the operations of the small-scale miners; and

metallurgical tests, explorations and other activities

Royalty equivalent to ____ of the gross value of the metallic mineral output of one percent (1%) of the gross value of the nonmetallic mineral output to be paid to the claim owner: provided, that such rights and privileges shall be available only if he is not delinquent and other performance of his annual work obligations and other requirements for the last two (2) years prior to the effectivity of this Act

one and one half percent (1 1/2%)

Royalty equivalent to one and one half percent (1 1/2%) of the gross value of the metallic mineral output of ____ of the gross value of the nonmetallic mineral output to be paid to the claim owner: provided, that such rights and privileges shall be available only if he is not delinquent and other performance of his annual work obligations and other requirements for the last two (2) years prior to the effectivity of this Act

one percent (1%)

Royalty equivalent to one and one half percent (1 1/2%) of the gross value of the metallic mineral output of one percent (1%) of the gross value of the nonmetallic mineral output to be paid to the claim owner: provided, that such rights and privileges shall be available only if he is not delinquent and other performance of his annual work obligations and other requirements for the ___ prior to the effectivity of this Act

last two (2) years

shall be notified of any plan or petition to declare his land as a people's small-scale mining area.

private landowner or lawful possessor

Said landowner may ____ such plan or petition in an appropriate proceeding and hearing conducted before the Board

oppose

Said landowner may oppose such plan or petition in an appropriate proceeding and hearing conducted before the __

Board

-All gold produced by small- scale miners in any mineral area shall be sold to the

CENTRAL BANK, OR ITS DULY AUTHORIZED REPRESENTATIVES

which shall buy it at prices competitive with those prevailing in the world market regardless of volume or weight.

CENTRAL BANK, OR ITS DULY AUTHORIZED REPRESENTATIVES

____ upon recommendation of the DIRECTOR, shall withdraw the status of the people's small-scale mining area when it can no longer feasibly operated on a small-scale mining basis or when the safety, health and environmental conditions warrant that the same shall revert to the State for proper disposition.

SECRETARY

The SECRETARY, upon recommendation of the ____ shall withdraw the status of the people's small-scale mining area when it can no longer feasibly operated on a small-scale mining basis or when the safety, health and environmental conditions warrant that the same shall revert to the State for proper disposition.

DIRECTOR

Small-scale miners who have been in actual operation of mineral lands ___ as determined by the Board shall not be dispossessed, ejected or removed from said areas: provided, that they comply with the provisions of this Act.

ON OR BEFORE AUGUST 1, 1987

Small-scale miners who have been in actual operation of mineral lands ON OR BEFORE AUGUST 1, 1987 as determined by the Board shall not be ____ from said areas: provided, that they comply with the provisions of this Act.

dispossessed, ejected or removed

VIOLATIONS OF RA 7076

-imprisonment of NOT LESS THAN SIX (6) MONTHS NOR MORE THAN SIX (6) YEARS and -shall include the CONFISCATION AND SEIZURE OF EQUIPMENT, TOOLS AND INSTRUMENTS.

____ who have been in actual operation of mineral lands ON OR BEFORE AUGUST 1, 1987 as determined by the Board shall not be dispossessed, ejected or removed from said areas: provided, that they comply with the provisions of this Act.

Small-scale miners

PRESIDENTIAL DECREE No. 1251 meaning

"Mine Wastes And Tailings Fee" To Compensate For Damages To Private Landowners And For Other Purposes

-March 24,1996

MARCOPPER MINING DISASTER

-Boac, Marinduque

MARCOPPER MINING DISASTER

-isolated five villages with population of 4,400 people

MARCOPPER MINING DISASTER

is the country’s third largest copper mining company in 1944

Marcopper

That disaster happened in the year 1996 in BOAC Marine Duque and up until now its effect in the environment and community is still evident.

MARCOPPER MINING DISASTER

So here we can see how these mining or mining operations affect not just our environment but also our

health, source of income and the future generation.

-is extracting of coal ores and the like from the earth including the search for economic deposits of minerals or gas, oil or coal.

MINING

-when we search or extract or dig minerals such as gold, coal, oil or other minerals that has value in the market.

MINING

-is one of the several non-tunnel approaches to mining that gives mineral miners ready access to minerals and stone near Earth's surface.

OPEN PIT MINING

-this is way of mining, there is no tunnel involved and it is an open space.

OPEN PIT MINING

- unlike the common or traditional way of mining that we know we're in they create tunnels under the ground he in here, there it is on easy access.

OPEN PIT MINING

-It is an open space.

OPEN PIT MINING

-is a soil and rock materials from the surface or underground mining and milling operations with no value to, with no economic value to the generator of the same.

MINE WASTE AND TAILING

-these are deposits of materials after mineral have been extracted from the land or waste that are result of mining.

MINE WASTE AND TAILING

-are deposits that are invaluable to the market.

MINE WASTE AND TAILING

mine waste is also called as

MINERAL WORKING DEPOSIT.

-These are considered as total waste which we cannot recycle

MINE WASTE AND TAILING

WHEREAS, in order to abate pollution and maintain a healthy environment, ___ were promulgated and regulations, policies guidelines thereof approved.

Presidential Decree No. 463, 984, 1151, 1152 and 1198

WHEREAS, while pollution has to some extent been considerably reduced in view of the implementation of said decrease regulations, policies and guidelines, the damages caused by pollution on land, agriculture, crops, forest products, marine life and aquatic resources and the destruction inflicted on infrastructural infrastructures still remain to be compensated.

PD 1251

PD1251

WHEREAS, There is a need to revegetate and rehabilitate silted farm lands and other areas devoted to agriculture, aquaculture and fishing and deconstruction and reconstruct infrastructure by placing the same to its original condition as of before such mining operation activities.

PD1251

WHEREAS, it is imperative to generate funds by imposing a fee on operating mining companies for the purpose mentioned above.

PD1251

- this decree aims to rehabilitate or to bring back the original state of the agricultural resources, aquatic resources, marine life, crops, infrastructure, other similar natural resources that have been damaged by some mineral by some mining operations.

PD1251

-is the fifth most mineralized country in the world.

PHILIPPINES

-in order to generate funds for this, rehabilitation fees are given to operating mining companies.

PD 1251

PHILIPPINES is rich in

copper, gold, nickel, zinc and other minerals.

According to the ___, as of 2017 there are only 50 operating mines.

MINES AND GEOSCIENCES BUREAU OR THE MGB

-is directly in charge of the administration and disposition disposition of the country's mineral, land and mineral resources resources.