Day2 2 pt. 2 Flashcards
1
Q
Regalian Doctrine summary
A
All pub lands owned by state. The EDU of natl resources is controlled by the state w/ env’t and local communities in mind
2
Q
DENR is the
A
Promulgate rules and regulations w’c are to be implemented by law
3
Q
Who recommends entance into MA
A
Director of MGB
4
Q
Authority of MGB
A
Direct charge of Mineral lands, undertake research and min explo
5
Q
Authority of MGB (2)
A
Monitor compliance by contractor w/ terms and conditions of MA
6
Q
MA is issued by
A
DENR
7
Q
Exploration permit is issued by
A
DENR Secretary
8
Q
FTAA is issued by
A
DENR approved by the pres
9
Q
Quarry permit is issued by
A
Provincial Governor/City Mayor Gov’t
10
Q
SSM IN mineral reservations issued by
A
DENR
11
Q
SSM OUTSIDE of mineral reservation issued by
A
Provincial Governor/City City mayor
12
Q
Pebble Picking permit issued by
A
Provincial/City gov’t
13
Q
Guano permit is issued by
A
Provincial Governor/City Mayor
14
Q
2 types of Guano permit
A
Gratuitous and Commercial
15
Q
Gratuitous permit 2 types
A
Gov’t and Private
16
Q
Issues Sand and gravel permi
A
Provincial/City gov’t
17
Q
Nonmetallic EP term
A
2 years renewable for like term till 4 yrs
18
Q
MMetallic EP
A
2 yrs renewable for like term till 6 yrs
19
Q
EP for Individual (Onshore entire Phil, Onshore 1 prov, off shore) respectively
A
3240 ha/ 40 blocks, 1620 ha/ 20 blocks, 8100 ha/ 100 blocks
20
Q
EP for Corp ( off shore, Onshore 1 prov, Onshore entire Phil) respectively
A
81000ha/ 1000 blocks, 16200 ha/ 200 blocks, 32400 ha/ 40 blocks,m
21
Q
Qualified person can be 3 things
A
Filipino citizen, Corporation, partnership, association >= 60% Fil owned, Foreign corporation. W/ tech and financial capability for min resources development
22
Q
Filing/Processing of MPSA is how long
A
1 yr
23
Q
Envt’l Provision during explo
A
Environmental Work Program (EWP)
24
Q
Envt’l mngt plan for the life of the mine.
A
EPEP
25
Envt'l mngt plan for 1 yr
AEPEP
26
ensure just and timely compensation for damages
CLRF
27
CLRF is administered by the
CLRF Steering Committee
28
3 forms of CLRF
Mine Rehabilitation Fund (MRF), Mine Waste and Tailings Fees Reserve Fund MWTF), Final Mine Rehabilitation and Decommissioning Plan (FMRDP)
29
Monitoring Trust Fund (MTF) amount
Php 150,000
30
2 Forms of MRF
Monitoring Trust Fund and Rehabilitation Cash Fund
31
Iniitial cost of EPEP
10% of starting cost to run mine
32
Rehabilitation Cash Fund Amount
10% of EPEP cost or 5 Mill pesos w/c ever is lower
33
FMRDP deposit period
Annually
34
Non-metallic and quarry Excise Tax amt
2%
35
SDMP amt
1-1.125%
36
Gold and Chromite Excise Tax amt
2%
37
Occupation fee for EP OUTSIDE of mineral reservations
php 10/ ha
38
Occupation fee for FTAA/MA OUTSIDE of mineral reservations
php 50/ha
39
EP, MA, FTAA IN mineral reservations
php 100/ ha
40
Allocation of occupation fees
30% province/70% municipality
41
SDMP period and purpose
5 yr plan, improve living standards of surrounding communities
42
Quasi-Judicial body in every DENRRegional office
Panel of arbitrators
43
Panel of arbitrators members
2 Lawyer, 1 EM, Geol, or related field professional
44
Panel of arbitrator jurisdiction
Disputes ove areas, MA, FTAA, occupants, claimowner
45
Appealed cases go here
Mines Adjudication Board in DENR Central Office
46
Members of Mines Adjudication Board members
DENR Secretary,
Director,
Undersecretary for field operations
47
Archipelagic Sea def
waters within baseline of archipelago
48
Highest position in MGB
Director
49
Capital for work program EP
2.5 million pesos
50
Certificate that proves individual/corp has good prior standing towards communities
Certificate of Environmental Management and Community Relations Record (CEMCRR)
51
Reqt for foreign corporation
< 50% Filipino
52
FTAA contract area per qualified person
1000 onshore, 4000 offshore, or combination of the two
53
Phases of FTAA
Exploration (2yr), Pre-Feasibility (2yrs), feasib (2yrs), Dev't and utilization (3 yrs or remaining)
54
Capital for work program implmentation for FTAA
$ 4 million dollars
55
MPSA onshore area for metallic minerals
Indiv, 810 ha, corp 5000 ha
56
MPSA onshore area for non-metallic minerals
Indiv 810 ha, corp 2000 ha
57
After the 50 yr term what happens to contract?
Up for bidding, orig contractor can rebid
58
Proof of financial capabililty for the implementation of work program
2.5 million pesos
59
3 year development/utilization work program signee
Licensed Mining Engineer/Geologist
60
Document needed to be passed to approve ECC
EIS, as reviewed by Environmental Impact Assessment System
61
MWT Reserve fund for mine waste
Php 0.05/MT
62
MWT Reserve Fund for mill tailings
Php 0.1/MT
63
Gross output is defined by law as
actual market value of minerals or mineral products
64
Purpose of the Environmental Management Bureau (EMB)
Nationwide enforcement of environmental laws, not just for mining
65
RA 8749 otherwise known as
Clean Air Act of 1999
66
Philippine Clean Water Act of 2004 known as
RA 9275
67
The Environmental Impact Statement Systems was est by this law
PD 1586
68
"Ecological Solid Waste Management Act of 2000"
RA 9003
69
Known as the "IRR of RA 8749"
DAO 2000-81
70
"IRR of RA 9275"
DAO 2005-10
71
"National Pollution Control Law"
PD 984 of 1976
72
EMB is what kind of Bureau
line
73
PD 600 or
Marine Pollution Law
74
Water Code of the Philippines
PD 1067
75
"Mine Safety and Health Standards"
DENR Administrative Order No. 2000-98
76
Frequency Rate
(# of LTA x 1,000,000) / Manhours Worked
77
Severity Rate
(# of Days lost x 1,000,000) / Manhours Worked
78
Issues Blaster's Foreman License
PNP FEO as endorsed by MGB
79
How is LTA calculated?
Starting the day after the incident happens amd person is unable to work
80
Types of Magazines
Permanent Storage, Issuing, Portable
81
Part-time Safety Engineer work day
at least 4 hrs per week
82
What is a Primed Cartridge
explosive cartridge w/ a detonator
83
When a serious injury happens, how fast should it be reported
<24 hrs to Director, Regional director, representative. Detailed report w/n 15 days
84
Statistics of accident and sickness shall be sub every
Monthly, w/n 15 days of start of month
85
Underground Class A,B,C,D employee # interval
>150, 150-50, 50-25, <25
86
Surface Mine Class A,B,C,D employee # interval
>250, 250-75,75-50, <50
87
Class C mines should have
1 part time SE, 1 full time SI, and a Deputy Safety Inspector visit all active workplace at least once every shift
88
Class D mines should have
1 part-time SE, 1 part-time SI
89
2 Qualifications of SE
EM w/ 1 yr exp in safety work or engg/geol/mete w/ 5 yrs exp. 40 hrs OSH training
90
Temporary Safety Engineer reqt's
2 yrs exp as SI licensed engg, geol, chem, 40 hrs OSH training. Good for 2 yrs
91
Safety Inspector reqt's
Graduate of engg, geol, mete, cehm w/ 1 yr exp in safety or 2 yrs exp in mining. Undergrad 2 yrs in safety work 3 yrs in mine op. HS grad 4yrs safety, 5 yrs mine op
92
Temp safety inspector term
2 yrs till cancellation
93
SE and SI permits renewed every
3 yrs
94
Req't to be deputized
10 yrs of safety work
95
)Central Safety and Health Committee Chariman and Secretary resp
Highest official of the mine, Safety Engineer (SI for Class D)
96
UG mines are reqd these for ventilation
2 interconnected opening to the surface
97
Dist of flamm liquids or matls from main entrance of mine
50 meters
98
No mining w/n this dist from a winze or shaft if water is present
8 m for both Large Scale and SS
99
Vent reqt for every stope
2 entrance (stope manway and raise manway for vent and escapeway)
100
No mining w/n this dist from a the main shaft
16 m
101
Mine Rescue Organizations is reqd for mines w/ this employee number
50 or more
102
Number of memb in mine rescue team what eqpt
12 or more trained men, 5 SCUBA units
103
Qualification of mine rescue team
21-45 yrs, pass phys exam, pass mine rescue course. first aid training
104
Vert ht of working benches is det by what
max reach of shovel/loader
105
Magazine designed to store >50 kg
Shall be permanent
106
Used to store <50 kg explosives
Portable Magazine
107
Dist of magazine from combustible matls
1.5 m
108
Explosive separation standards
Dynamite, Blasting Cap, Fuse, AN Magazines stored separately
109
Diff bet misfire and bootleg
Bootleg happ when remaining blast hole does not contain explosive,misfire does not
110
Ceiling value of noise
115 dBA
111
fresh air quantity reqt per man
2 cubic meters per minute
112
Mechanical assistance for air is reqd for this depth
300 m deep
113
"Fire Code of the Philippines"
PD 1185
114
What is FIFO
First-In-First-Out, a rule in storing explosives and combustible materials
115
SSM. This is needed per 50 or 25 workers for Surface and UG respectively.
1 Safety Inspector
116
In SSM, dist bet 2 underground openings
12 m
117
min dimensions for openings
h = 1.5 m, w = 1.3 m
118
Max # of miners per working face/ sinking operation
3 people
119
Dist of any opening from massive, how about broken and fractured rock
10 and 50 m respectively
120
Max bench ht. for SSM
1.5 m
121
Min bench width/berm
2 meters
122
Oxygen and CO reqt
20% and 0.5% respectively
123
TLV for CO2
<= 0.5% or 5000ppm
124
Oxygen O2
>= 20%
125
Hydrogen Sulfide H2S
<= 0.10%
126
Fine for violating any provision of SSM standards
php 1000 - 10000
127
"Small Scale Mine Safety Rules and Regulations" Sept. 11, 1997
DENR Administrative Order No. 97-30
128
"Coal Development Act of 1976"
PD 972
129
In coal mining, 1 meridional block (2 min by 1.5 min) is equal to
1000 ha
130
Max # of blocks per person/corp
15
131
Law that created PRC
PD 223
132
Role of a Mining Engg wrt his client or employment for contracts or documents
the trustee who interprets it
133
Only time a colleagued could be criticized
when they engage in activities detreimental to the dignity and integrity of the profession
134
When can a Mining Engineer proclaim him/herself as a "consultant"
when he'she is qualified w/ nec qualifications and occupied professional independence w/ the parties involved
135
Excise tax for petroleum
15%
136
Excise tax system for Copper or other metallic minerals
1-3 years: 1%, 4-5 yrs: 1.5%, >6yrs 2%
137
ReviseIRR for people's small scale mines
DAO 2015-03
138
Investment limit for SSM
10 Million pesos
139
"Mineral Processing Zone" refers to
"Custom Mill" in a Minahang bayan approved by the gov't
140
Like EPEP but for SSM
Potential Environmental Impact Management Plan (PEIMP)
141
"Consolidated DAO for the IRR of RA 7942"
DAO No. 2010-21
142
SSM Contractor must be registered by this
Securities and Exchange Commission (SEC)
143
This doc is needed to start a SSM and signed by a licensed Mining Engineer
Two-year Work Program
144
SS mining can only happen here
Minahang Bayan
145
Areas open to be Minahang bayan
Existing mining area bef 1987, Pub lands covered by mining app, Areas w/ existing permit but not active
146
Minahang Bayan area for gold, silver, chromite
25% of area above 500 ha + 500 to 500 to 20 ha.
147
Minahang Bayan area for non metallic
25% of area above 1000 ha + 1000 to 1000 to 20 ha.
148
Royalty payment by SSM to existing permit/conract
| holder
1.5%
149
Application fee for non-metallic?. gold, silver, chromite?
php 10,000 and php 20000
150
SSM contract area
1.25-20ha
151
SSM production limit
50000 MT/yr
152
2 mining methods illegal in DAO 2015-03
compressor mining and hydraulicking
153
This is needed ot be approved as Mineral Processing Zone by th eLocal Government Unit
Mineral Processing Zones
154
in direct supervision and controlover the programs and activities of the small-scale miners within the Minahang Bayan.
The Secretary through his representative
155
2 duties of PCMRB for SSM
Declare Minahang Bayan and award contracts
156
Royalty rate for SSM to govt
5%
157
% of the production share opf the gov't goes in PSSM Protection Fund
15% of the prod'n share
158
Fine imposed by Secretary, thru the board due to violation of provision
php 20000 to 100000
159
Ore Transport Permit issued by the ___ for large scale mines
PCMRB or "Board"
160
"Äcceleration of Research Development and Utilization of Non-conventional Energy Resources"
PD 1068
161
"Disposition Development and Utilization of Guano Deposits"
PD 412
162
Under IRR of RA 7076, share of LGU of production
40% of production tax
163
Large Scale mine royalty fee for IP
1% in a trust fund
164
Ore Transport Permit issuer for Large Scale Mines
MGB Regional Director
165
RA 7942 that this % of all royaltie and revenues go to the MGB
10%
166
The National Integrated Protected Areas System (NIPAS) is est bthis law:
RA 7586
167
Non BS EM can take the board w/ these qualification
10 yrs in mining,met,geol w/ 5 yrs in the mine engineering field
168
EM license for foreigners term
6 months + 6 months only
169
Capital needed for MPSA
P 2.5M initial, Max: P10M
170
FTAA min project cost
$ 50 M
171
REVISED GUIDELINES ESTABLISHING THE FISCAL REGIME OF FINANCIAL ORTECHNICAL ASSISTANCE AGREEMENTS (FTAA)
DENR ADMINISTRATIVE ORDERNo. 2007 - 12
172
Quarry permit term
5 yrs renewable for like periods =< 25 yrs
173
Mine Environmental Protection and Enhancement Office is reqd for every minee, who heads it?
Licenced EM, Geol, MetE, Envt Engg with 5 yrs expp
174
Environmental Monitoring Audit is take every
every quarter
175
LA Bugal case number
G.R 127882 Jan 27 and Dec 1 of 2004
176
L Bugal disputes these 2
Constitutionality of RA 7942 and DAO 96-40 and validity of FTAA
177
Western Mining Corporation Philippines Incorporated (WMCP) was renamed in 2001 to
Tampakan Mineral Resources Corporation
178
La Bugal Ruling
FTAA provisions repealed
179
Service contracts and MA were found to be similar, why are service contracts controversial
It vested foreigners EDU of Fil natural resources, they became the bbeneficiaries
180
How are service contracts reformed
Foreign contractors prov capital,techno,technical,managerial in mining. DENR and MGB represents the gov't in the entire operation
181
What was accused to WMCP
They were mostly an Australian company disguising as split bet Aus and Phil
182
Disposing tailings underwater
Submarine Tailings Disposal or deep-sea tailings placement
183
FPIC means
Free, prior. informed consent
184
Exploration area relinquishing system
relinquish 25% of tot area after 2nd yr, 10% on the 3rd 4th 5th yrs
185
Odds of finding mineral deposit
1:500
186
Biggest problem in Rapu-Rapu island mining
Acid Mine Drainage from tailings
187
this is a coalition of gots, comp, investors, orgs w/c aims to strengthen governance by improving transparency and accountability in the extractives sector
Extractive Industry transparency Initiative (EITI)
188
EITI entails
publish details of all payments taxes and royalties
189
PD 1899 has 4 reqts what are these
Artisanal, whether open cast ofr shallow UG mining, Minmal inras and processing plant, Reliance on manual labor, owned by indiv or entity
190
Penalty for violating provision under PD 1586 EIS system
P 50000
191
amended PD 972
PD 1174
192
Exploration cost per block under PD 972
P 1,000,000 min is P 200,000
193
Coal mining EP ter
2 yrs plus 2 only unless ccommercial coal is found
194
If commercial coal is found what is the term limit of coal EP
10 to 20 yrs, after that renewable for 3 yrs up to 12
195
1st incentive to operators in Coal mining
Exemption from all taxes except income tax
196
2nd incentive to operators in coal mining
tariff exemption of the importation of equipment
197
Explain Accelerated Depreciation
Deprreciation 2 times or less as fast as normal rate except if service life is less than ten yrs
198
2 incentives for Coal users
Tax exemption or tax credit on imported capital eqpt or domestic capital eqpt respectively.
199
Who approves Coal Operating Contract
President, with rec of EDB/DOE
200
Natural Gas consist mostly of
hydrocarbons
201
Posted Price means
FOB price est by contractor and Petroleum Board
202
1 Barrel = t
42 gallons
203
Service Contract fir exploration nature
service contractor prov tech and service, gov't pays them so that all petroleum beproduced belongs to the ste
204
Oil Exploration and Dev't Act
PD No. 87
205
"AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991"
RA 7160
206
"ACT REDUCING THE EXCISE TAX RATES ON METALLIC AND NON-METALLIC MINERALS AND QUARRY RESOURCES"
RA 7729
207
IRR of RA 6969
DAO 92-29
208
Environmental Partnership Program to Support Industry Self-Regulation Towards Improved Environmental Performance
DENR Administrative Order No. 2003-14 Series of 2004
209
Revised Air Quality Standards of 1992,
DAO no. 1993-14
210
Volatile Organic Compounds are
Compound containing carbon and hydrogen
211
THE MAGNA CARTA OF PUBLIC HEALTH WORKERS
RA 7305
212
: Issuance of Mineral Ore Export Permit (MOEP) F2007
DAO no. 2008-20
213
AN ACT CREATING THE NATIONAL WATER AND AIR POLLUTION CONTROL COMMISSION.
RA no. 3931
214
IRR for EIS system from PD 1586
DAO 2003-30
215
"Onshore Special
Minerals Extraction Permits
(SMEP)"
DAO 2000-39
216
Special Mineral Extraction Permit meaning
Gov't can EDU quarry, sand , gravel in a >2 ha area
217
List the IRR of RA no 7942
DAO 96-23, DAO 96-40, DA), 2005-15, DAO 2010-21
218
"Strategical Environmental Plan for Palawan 1992
RA 7611
219
Reforms in the Phiippine Mining Sector by Pres. Benigno Aquino
EO 79
220
Philippine Environmental Code
PD 1151 and PD 1152
221
Water Pollution Control Law
PD 979
222
Capital investment in a SSM
P 10,000,000 during the entirety of oirginal contract anits renewal
223
Maximumm area for MA in (indiv, corp) in blocks
1 prov (10, 100), entire phil (20, 200), offshore entire phil (50, 500)
224
Mine Rehabilitation Fund penalty
P50/MT
225
Gross Profit =
Gross Revenue - Operating cost
226
Gross Profit - Non-cash cost +
Taxable income
227
Income Tax - income tax =
Net income
228
net income + non-cash cost =
Net cash flow
229
Excise tax on coal and coke
P10/MT
230
Philippine Mineral Reporting Code sets out to do this
min standards, rec, and guidelines for Public reporting in the Phil of Explo results, Mineral Resources and Ore Reserves
231
Define Transparency
reader of Public report is provided with sufficient information, the presentation is clear and unambiguous, not misleading
232
Define Competence
Pub report is done by persons suitably qualified and experience who are subject to a code of ethics
233
Materiality means
Report cont all rel info w/c investors and advisers would requre
234
Competent persons requiremments
PRC licensed professional, member of an of fol GSP, PSEM, or the SMEP. Min 5 yrs exp on the style of mineralization
235
Accredits Comptent persons
respective organization of person
236
PMRC was adopted on
October 2010
237
PMRC is patterned after this
Australian JORC or Joint Ore Reserve Committee (2004)
238
Sand, Gravel, quarry resources tax
10% of prod
239
sand, gravel, quarry resources tax split
Prov - 30%, City/Municipality - 30%, Barangay - 40%
240
"Creating Philippine Extractive Industries Transparency Initative"
EO 147
241
First law that introduced MA's and FTAA system
EO 279
242
Manager in bet supervisory and top level
middle manager
243
Management process functions give 4, who made these
planning, organizing, staffing, directing, controlling (Henri Fayol)
244
Magna Carta for Countryside and Barangay Business Enterprises
RA No. 6810
245
Who approves ECC
Secretary of DENR
