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Mining Laws > DAO 2010-21 DEFINITION OF TERMS > Flashcards

DAO 2010-21 DEFINITION OF TERMS Flashcards

1
Q

refers to R.A. No. 7942 otherwise known as the “Philippine
Mining Act of 1995.”

A

Act

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2
Q

refer to all lands exclusively and actually possessed, occupied or utilized by Indigenous Cultural
Communities by themselves or through their ancestors in accordance with their customs and traditions since time immemorial, and as may be defined and delineated by law.

A

Ancestral Lands

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3
Q

refers to a yearly environmental management work plan based on the approved environmental protection and enhancement strategy.

A

Annual Environmental Protection and Enhancement Program
(AEPEP)

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4
Q

refers to a yearly community development programs/projects/activities based on the approved five-year Social Development and Management Program.

A

Annual Social Development and Management Program

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5
Q

refers to all waters within the baseline of an archipelago except internal waters such as roadsteads, lakes and rivers.

A

Archipelagic Sea

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6
Q

means an area, bounded by one-half (1/2) minute of latitude and one-half (1/2) minute of longitude,
containing approximately eighty-one (81) hectares.

A

Block or Meridional Block

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7
Q

refer to portions of land within the municipality or barangay actually occupied as residential, commercial or industrial areas as embodied in a duly approved land use plan by the
appropriate Sanggunian.

A

Built-up Areas

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8
Q

the Central Office of the Mines and Geosciences Bureau under the Department.

A

Bureau

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9
Q

refers to an independent component city as classified under the Local Government Code.

A

City

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10
Q

refers to the production of sufficient quantity of minerals to sustain economic viability of mining
operations reckoned from the date of commercial operation as
declared by the Contractor or as stated in the feasibility study,
which ever comes first.

A

Commercial Production

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11
Q

refers to the applicant’s proof of its
community relations which may consist, but is not limited to,
sociocultural sensitivity, the character of its past relations with local communities, cultural appropriateness and social acceptability of its resource management strategies: Provided, That this shall not be required in cases where the applicant has no previous community relations experience in resource use ventures, locally or internationally.

A

Community Relations Record

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12
Q

means the wise use and optimum utilization of mineral resources.

A

Conservation

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13
Q

refers to water, sea bottom and substratum measured twenty-four (24) nautical miles seaward from the baseline of the Philippine Archipelago.

A

Contiguous Zone

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14
Q

means the land or body of water delineated under a Mineral Agreement or FTAA subject to the relinquishment obligations of the Contractor and properly defined by longitude and latitude.

A

Contract Area

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15
Q

a Qualified Person acting alone or in consortium who is a party to a Mineral Agreement or FTAA.

A

Contractor

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16
Q

refers to a drainage area of a river system, lake or water reservoir supporting existing and proposed hydroelectric power, domestic water supply, geothermal power and irrigation works, which needs immediate rehabilitation and protection to minimize soil erosion, improve water yield and prevent possible flooding.

A

Critical Watershed

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17
Q

refers to specific portions of land covered by an existing project of the Department such as, but not limited to, Industrial Forest Management Agreement (IFMA), Community Forest Management Agreement (CFMA), Community Forestry Program (CFP), Forest Land Management Agreement (FLMA) and Integrated Social Forestry Program (ISFP).

A

DENR Project Area

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18
Q

the Department of Environment and Natural Resources of the Republic of the Philippines.

A

Department

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19
Q

the work undertaken to explore and prepare an ore body or a mineral deposit for mining, including the construction of necessary infrastructure and related facilities.

A

Development

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20
Q

as used exclusively for FTAAs means the period to prepare an explored orebody or mineral deposit for mining including the construction of necessary infrastructure and related facilities.

A

Development Stage

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21
Q

refer to expenditures and expenses directly incurred in the mechanical and physical processing and/or
chemical separation of the ore from the waste to produce marketable mineral products: Provided, That, for cement plant operations, direct milling costs are limited to expenditures and expenses directly incurred from raw materials crushing and grinding up to ground raw meal homogenizing, prior to clinker manufacturing.

A

Direct Milling Costs

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22
Q

refer to expenditures and expenses directly incurred in all activities preparatory to and in the actual extraction of the ore from the earth and transporting it to the mill plant for mineral processing.

A

Direct Mining Costs

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23
Q

means the Director of the Bureau.

A

Director

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24
Q

refers to geographic-based instruments for planners and decision-makers, which presents a description of the environmental setting including the state of environmental quality and evaluation of the assimilative capacity of an area.

A

Ecological Profile or Eco-Profile

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25
Q

means any wastewater, partially or completely treated, or any waste liquid flowing out of mining operations, wastewater treatment plants or tailings disposal system.

A

Effluent

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26
Q

refers to the physical factors of the total surroundings of human beings, including the land, water,
atmosphere, climate, sound, odors, tastes, the biological factors of
animals and plants and the social factors of aesthetics. In a broad
sense, it shall include the total environment of human beings such
as economic, social, cultural, political and historical factors.

A

Environment

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27
Q

refers to a systematic, documented
verification process of objectively obtaining and evaluating audit
evidence (verifiable information, records or statements of facts) to
determine whether or not specified environmental activities, events,
conditions, management systems or information about these
matters conform with audit criteria (policies, practices, procedures
or requirements against which the auditor compares collected audit
evidence about the subject matter) and communicating the results
of this process to the concerned stakeholders.

A

Environmental Audit

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28
Q

refers to the document issued by the Secretary or the Regional Executive Director certifying that based on the representations of the
proponent and the preparers (the proponent’s technical staff or the
competent professional group commissioned by the proponent to
prepare the EIS and other related documents), as reviewed and
validated by the Environmental Impact Assessment Review
Committee (EIARC), the proposed project or undertaking will not
cause a significant negative environmental impact; that the
proponent has complied with all the requirements of the Environmental Impact Assessment System; and that the proponent
is committed to implement its approved Environmental
Management Plan in the Environmental Impact Statement or
mitigation measures in the Initial Environmental Examination.

A

Environmental Compliance Certificate (ECC)

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29
Q

refer to the probable effects or
consequences of proposed projects or undertakings on the
physical, biological and socioeconomic environment that can be direct or indirect, cumulative and positive or negative.

A

Environmental Impacts

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30
Q

refers to the process of
predicting the likely environmental consequences of implementing
projects or undertakings and designing appropriate preventive,
mitigating and enhancement measures.

A

Environmental Impact Assessment (EIA)

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31
Q

refers to the document(s)
of studies on the environmental impacts of a project including the
discussions on direct and indirect consequences upon human
welfare and ecological and environmental integrity. The EIS may vary from project to project but shall contain in every case all
relevant information and details about the proposed project or
undertaking, including the environmental impacts of the project and the appropriate mitigating and enhancement measures.

A

Environmental Impact Statement (EIS)

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32
Q

refers to an applicant’s high
regard for the environment in its past resource use ventures and
proof of its present technical and financial capability to undertake
resource protection, restoration and/or rehabilitation of degraded
areas and similar activities: Provided, That this shall not be
required in cases where the applicant has no previous experience in resource use ventures, locally or internationally.

A

Environmental Management Record

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33
Q

refers to the comprehensive and strategic environmental
management plan for the life of the mining project on which
AEPEPs are based and implemented to achieve the environmental management objectives, criteria and commitments including
protection and rehabilitation of the disturbed environment.

A

Environmental Protection and Enhancement Program (EPEP)

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34
Q

refers to the comprehensive
and strategic environmental management plan to achieve the
environmental management objectives, criteria and commitments including protection and rehabilitation of the disturbed environment during the exploration period.

A

Environmental Work Program (EWP)

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35
Q

refers to the water, sea bottom and
subsurface measured from the baseline of the Philippine
Archipelago up to two hundred (200) nautical miles offshore.

A

Exclusive Economic Zone

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36
Q

means searching or prospecting for mineral resources by geological, geochemical and/or geophysical surveys, remote sensing, test pitting, trenching, drilling, shaft sinking, tunneling or any other means for the purpose of determining their existence, extent, quality and quantity and the feasibility of mining them for profit.

A

Exploration

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37
Q

a contract involving financial or technical assistance for large-scale
exploration, development and utilization of mineral resources.

A

Financial or Technical Assistance Agreement (FTAA)

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38
Q

acts or circumstances beyond the
reasonable control of Contractor/Permit Holder/Permittee/Lessee
including, but not limited to, war, rebellion, insurrection, riots, civil
disturbance, blockade, sabotage, embargo, strike, lockout, any
dispute with surface owners and other labor disputes, epidemic,
earthquake, storm, flood or other adverse weather conditions,
explosion, fire, adverse action by Government or by any
instrumentality or subdivision thereof, act of God or any public
enemy and any cause as herein described over which the affected
party has no reasonable control.

A

“Force Majeure

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39
Q

any corporation, partnership,
association or cooperative duly registered in accordance with law
in which less than fifty percent (50%) of the capital is owned by
Filipino citizens.

A

Foreign-owned Corporation

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40
Q

refer to forest lands which have been reserved by the President for any specific purpose or purposes
pursuant to P.D. No. 705, or by an appropriate law.

A

Forest Reservations

41
Q

refer to those lands of the
public domain which have been the subject of the present system
of classification and determined to be needed for forest purposes
pursuant to P.D. No. 705.

A

Forest Reserves or Permanent Forests

42
Q

means the Government of the Republic of the Philippines.

A

Government

43
Q

refer to all proclaimed reserved lands for specific purposes other than Mineral Reservations.

A

Government Reservations

44
Q

the actual market value of minerals or mineral products from each mine or mineral land operated as a
separate entity, without any deduction for mining, processing,
refining, transporting, handling, marketing or any other expenses:
Provided, That if the minerals or mineral products are sold or
consigned abroad by the Contractor under C.I.F. terms, the actual cost of ocean freight and insurance shall be deducted: Provided, further, That in the case of mineral concentrates which are not traded in commodity exchanges in the Philippines or abroad, such
as copper concentrates, the actual market value shall be the world
price quotations of the refined mineral products content thereof
prevailing in the said commodity exchanges, after deducting the
smelting, refining, treatment, insurance, transportation and other
charges incurred in the process of converting mineral concentrates
into refined metal traded in those commodity exchanges.

A

Gross Output

45
Q

the field and laboratory expenditures incurred for searching and delineating new or extension of ore bodies in an approved FTAA area, including expenditures for social preparation, pre-feasibility studies and reasonable administrative expenses incurred for the FTAA project. Such expenses include those for geological, geophysical, geochemical and air-borne
geophysical surveys, borehole drillings, tunneling, test pitting,
trenching and shaft sinking. Contributions to the community and environment-related expenses during the exploration period shall
form part of the ground expenditures.

A

Ground Expenditures

46
Q

Host community refers to
the people living at the barangay(s) outside the mine camp, where
the mining project is located, and neighboring communities refer to
the people living at the barangay(s), which are adjacent to the host community; areas covered by the mining tenement of the project;
areas where mining facilities are located; and, immediate areas
which will be affected by the mining operations.

A

Host and Neighboring Communities

47
Q

a group or tribe of
indigenous Filipinos who have continuously lived as communities
on communally-bounded and defined land since time immemorial
and have succeeded in preserving, maintaining and sharing
common bonds of languages, customs, traditions and other
distinctive cultural traits, and as may be defined and delineated by
law.

A

Indigenous Cultural Community (ICC)

48
Q

refers to the document
required of proponents describing the environmental impact of, and
mitigation and enhancement measures for projects or undertakings located in an Environmentally Critical Area (ECA) as listed under Presidential Proclamation No. 2146, Series of 1981, as well as other areas which the President may proclaim as environmentally critical in accordance with Section 4 of P.D. No. 1586.

A

Initial Environmental Examination

49
Q

a person or entity with a valid and existing mining lease contract.

A

Lessee

50
Q

a mineral having a brilliant appearance, quite opaque to light, usually giving a black or very dark streak, and from which a metallic element/component can be extracted/utilized for profit.

A

Metallic Mineral

51
Q

materials whether solid, liquid or both segregated from the ores during concentration/milling operations which have no present economic value to the generator of the same.

A

Mill Tailings

52
Q

refers to the portion of the mining/permit/contract
area where housing/residential, recreational and other support
facilities are built solely for use by the Contractor/Permit
Holder/Lessee, including its employees and dependents.

A

Mine Camp

53
Q

refer to all naturally occurring inorganic substances in
solid, liquid, gas or any intermediate state excluding energy
materials such as coal, petroleum, natural gas, radioactive
materials and geothermal energy.

A

Minerals

54
Q

means a contract between the Government and a Contractor, involving Mineral Production Sharing Agreement, Co-Production Agreement or Joint Venture Agreement.

A

Mineral Agreement

55
Q

any area where mineral resources, as herein defined, are found.

A

Mineral Land

56
Q

means the milling, beneficiation, leaching, smelting, cyanidation, calcination or upgrading of ores, minerals, rocks, mill tailings, mine waste and/or other metallurgical by
products or by similar means to convert the same into marketable
products.

A

Mineral Processing

57
Q

refers to the permit granted to a
Qualified Person for mineral processing.

A

Mineral Processing Permit

58
Q

mean materials derived from ores, minerals and/or rocks and prepared into a marketable state by mineral processing.

A

Mineral Products

59
Q

refer to areas established and proclaimed as such by the President upon the recommendation of the Director through the Secretary, including all submerged lands within the
contiguous zone and Exclusive Economic Zone.

A

Mineral Reservations

60
Q

mean any concentration of ores, minerals and/or rocks with proven or potential economic value.

A

Mineral Resources

61
Q

refers to the process used to repair the impacts of mining on the environment. The long-term objectives of rehabilitation can vary from simply converting an area to a safe and stable condition to restoring the pre-mining conditions as closely as possible with all the area’s environmental values intact and establishing a land use capability that is functional and proximate to the land use prior to the disturbance of the mine area.

A

Mine Rehabilitation

62
Q

means soil and/or rock materials from surface or underground mining operations with no present economic value to the generator of the same.

A

Mine Waste

63
Q

means a portion of the contract area identified by the Contractor as defined and delineated in a Survey Plan duly approved by the Director/Regional Director concerned for purposes of development and/or utilization, and sites for support facilities. “Mining Operations” mean mining activities involving exploration.

A

Mining Area

64
Q

mean mining activities involving exploration, feasibility study, development and utilization.

A

Mining Operations

65
Q

include Exploration, Quarry, Sand and Gravel (Commercial, Industrial and Exclusive), Gratuitous (Government or Private), Guano, Gemstone Gathering and Small-Scale Mining Permits.

A

Mining Permits

66
Q

means a right to explore, develop or utilize mineral resources.

A

Mining Right

67
Q

means gross income from operations less allowable deductions which are necessary or related to mining operations.

A

Net Income

67
Q

means any application for mining permit, Mineral Agreement or FTAA.

A

Mining Application

68
Q

refers to a mineral usually having a dull luster, generally light-colored, transmits light, usually giving either
colorless or light colored streak from which a nonmetallic
element/component can be extracted/utilized for a profit.

A

Nonmetallic Mineral

68
Q

includes nonstock,
nonprofit organizations with qualifications, expertise and objectivity in activities dealing with resource and environmental conservation, management and protection.

A

Nongovernmental Organization (NGO)

69
Q

the landward side from the mean low tide level, including submerged lands in lakes, rivers and creeks.

A

Onshore

69
Q

means the water, sea bottom and subsurface from the shore or coastline reckoned from the mean low tide level up to the two hundred (200) nautical miles of the Exclusive Economic Zone.

A

Offshore

70
Q

refers to a group of people which
may be an association, cooperative, federation or other legal entity
established by the community to undertake collective action to
address community concerns and need and mutually share the
benefits from the endeavor.

A

People’s Organization (PO)

70
Q

naturally occurring substance or material from which a mineral or an element can be mined and/or processed for profit.

A

Ore

71
Q

the permit that may be granted to
a Contractor, accredited dealer, retailer, processor and other
Permit Holders to transport minerals/mineral products.

A

Ore Transport Permit

72
Q

the holder of an Exploration Permit. The Permittee referred to in previous administrative orders shall mean holders of permits subject of such orders.

A

Permittee

73
Q

refers to area subject of mining permits.

A

Permit Area

73
Q

means a holder of any mining permit or of Mineral Processing Permit issued under these implementing rules and regulations except permits that authorize exploration activities only.

A

Permit Holder

74
Q

refers to any alteration of the physical, chemical and/or
biological properties of any water, air and/or land resources of the Philippines; or any discharge thereto of any liquid, gaseous or solid wastes; or any production of unnecessary noise or any emission of objectionable odor, as will or is likely to create or to render such
water, air and land resources harmful, detrimental or injurious to
public health, safety or welfare, or which will adversely affect their
utilization for domestic, commercial, industrial, agricultural,
recreational or other legitimate purposes.

A

Pollution

75
Q

refer to infrastructure,
machinery, equipment and/or improvements used for impounding, treating or neutralizing, precipitating, filtering, conveying and cleansing mine industrial waste and tailings, as well as eliminating or reducing hazardous effects of solid particles, chemicals, liquids or other harmful by-products and gases emitted from any facility utilized in mining operations for their disposal.

A

Pollution Control Devices and Facilities

76
Q

refer to all exploration expenses, special allowance, administrative costs related to the project, feasibility and environmental studies and all costs of mine construction and
development incurred prior to commercial production.

A

Pre-Operating Expenses

77
Q

refers to the President of the Republic of the Philippines.

A

President

78
Q

refers to land belonging to any private person or entity which includes alienable and disposable land being claimed by a holder, claimant or occupant who has already acquired a vested right thereto under the law, including those whose corresponding certificate or evidence of title or patent has not been actually issued.

A

Private Land

79
Q

refers to land of the public domain which has been classified as agricultural land, mineral land, forest or timber land subject to management and disposition or concession under existing laws.

A

Public Land

80
Q

means any Filipino citizen of legal age and with capacity to contract; or a corporation, partnership, association or cooperative organized or authorized for the purpose of engaging in mining, with technical and financial capability to undertake mineral resources development and duly registered in accordance with law, at least sixty percent (60%) of the capital of which is owned by Filipino citizens: Provided, That a legally organized foreign-owned corporation shall be deemed a Qualified Person for purposes of granting an Exploration Permit, FTAA or Mineral Processing Permit only.

A

Qualified Person

81
Q

refers to the permit granted to a Qualified Person for the extraction and utilization of quarry resources on public or private land.

A

Quarry Permit

81
Q

means the Regional Director of any Regional Office.

A

Regional Director

82
Q

refer to any common rock or other mineral substances as the Director may declare to be quarry resources
such as, but not limited to, andesite, basalt, conglomerate, coral sand, diatomaceous earth, diorite, decorative stones, gabbro,
granite, limestone, marble, marl, red burning clays for potteries and
bricks, rhyolite, rock phosphate, sandstone, serpentine, shale, tuff,
volcanic cinders and volcanic glass: Provided, That such quarry
resources do not contain metals or metallic constituents and/or
other valuable minerals in economically workable quantities:
Provided, further, That nonmetallic minerals such as kaolin,
feldspar, bull quartz, quartz or silica, sand and pebbles, bentonite,talc, asbestos, barite, gypsum, bauxite, magnesite, dolomite, mica,
precious and semiprecious stones and other nonmetallic minerals
that may later be discovered and which the Director declares to be
of economically workable quantities, shall not be classified under the category of “__________”.

A

Quarry Resources

82
Q

refers to the Regional Office of the Bureau.

A

Regional Office

82
Q

the process of extracting, removing and disposing quarry resources found on or underneath the surface of public or private land.

A

Quarrying

83
Q

means the Secretary of the Department.

A

Secretary

84
Q

means a person or entity who enters into an agreement to undertake a specific work related to mining or quarrying operations of a Contractor/Permit Holder/Permittee/ Lessee.

A

Service Contractor

85
Q

refers to the comprehensive five-year plan of the Contractor/Permit
Holder/Lessee authorized to conduct actual mining and milling
operations towards the sustained improvement in the living standards of the host and neighboring communities by creating responsible, self-reliant and resource-based communities capable of developing, implementing and managing community development programs, projects, and activities in a manner
consistent with the principle of people empowerment.

A

Social Development and Management Program (SDMP)

86
Q

refers to payment to the claimowner or surface
right owners particularly during the transition period from P.D. No.
463 and Executive Order No. 279, Series of 1987.

A

Special Allowance

87
Q

refer to person(s)/entity(ies) who may be significantly affected by the project or undertaking, such as but not limited to, Contractor/Permit Holder/Permittee/Lessee, members of the local community industry, LGUs, Nongovernmental
Organizations (NGOs) and People’s Organizations (POs).

A

Stakeholders

88
Q

means the Republic of the Philippines.

A

State

89
Q

refers to a combination of methods,
equipment and manpower used in handling, transporting, disposing
and/or impounding mill tailings.

A

Tailings Disposal System

90
Q

refers to a designated place where the mine waste are accumulated or collected.

A

Waste Dump

91
Q

means the extraction, mineral processing and/or disposition of minerals.

A

Utilization

Mining Laws (14 decks)

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