Day2 2 pt. 2 Flashcards
Regalian Doctrine summary
All pub lands owned by state. The EDU of natl resources is controlled by the state w/ env’t and local communities in mind
DENR is the
Promulgate rules and regulations w’c are to be implemented by law
Who recommends entance into MA
Director of MGB
Authority of MGB
Direct charge of Mineral lands, undertake research and min explo
Authority of MGB (2)
Monitor compliance by contractor w/ terms and conditions of MA
MA is issued by
DENR
Exploration permit is issued by
DENR Secretary
FTAA is issued by
DENR approved by the pres
Quarry permit is issued by
Provincial Governor/City Mayor Gov’t
SSM IN mineral reservations issued by
DENR
SSM OUTSIDE of mineral reservation issued by
Provincial Governor/City City mayor
Pebble Picking permit issued by
Provincial/City gov’t
Guano permit is issued by
Provincial Governor/City Mayor
2 types of Guano permit
Gratuitous and Commercial
Gratuitous permit 2 types
Gov’t and Private
Issues Sand and gravel permi
Provincial/City gov’t
Nonmetallic EP term
2 years renewable for like term till 4 yrs
MMetallic EP
2 yrs renewable for like term till 6 yrs
EP for Individual (Onshore entire Phil, Onshore 1 prov, off shore) respectively
3240 ha/ 40 blocks, 1620 ha/ 20 blocks, 8100 ha/ 100 blocks
EP for Corp ( off shore, Onshore 1 prov, Onshore entire Phil) respectively
81000ha/ 1000 blocks, 16200 ha/ 200 blocks, 32400 ha/ 40 blocks,m
Qualified person can be 3 things
Filipino citizen, Corporation, partnership, association >= 60% Fil owned, Foreign corporation. W/ tech and financial capability for min resources development
Filing/Processing of MPSA is how long
1 yr
Envt’l Provision during explo
Environmental Work Program (EWP)
Envt’l mngt plan for the life of the mine.
EPEP
Envt’l mngt plan for 1 yr
AEPEP
ensure just and timely compensation for damages
CLRF
CLRF is administered by the
CLRF Steering Committee
3 forms of CLRF
Mine Rehabilitation Fund (MRF), Mine Waste and Tailings Fees Reserve Fund MWTF), Final Mine Rehabilitation and Decommissioning Plan (FMRDP)
Monitoring Trust Fund (MTF) amount
Php 150,000
2 Forms of MRF
Monitoring Trust Fund and Rehabilitation Cash Fund
Iniitial cost of EPEP
10% of starting cost to run mine
Rehabilitation Cash Fund Amount
10% of EPEP cost or 5 Mill pesos w/c ever is lower
FMRDP deposit period
Annually
Non-metallic and quarry Excise Tax amt
2%
SDMP amt
1-1.125%
Gold and Chromite Excise Tax amt
2%
Occupation fee for EP OUTSIDE of mineral reservations
php 10/ ha
Occupation fee for FTAA/MA OUTSIDE of mineral reservations
php 50/ha
EP, MA, FTAA IN mineral reservations
php 100/ ha
Allocation of occupation fees
30% province/70% municipality
SDMP period and purpose
5 yr plan, improve living standards of surrounding communities
Quasi-Judicial body in every DENRRegional office
Panel of arbitrators
Panel of arbitrators members
2 Lawyer, 1 EM, Geol, or related field professional
Panel of arbitrator jurisdiction
Disputes ove areas, MA, FTAA, occupants, claimowner
Appealed cases go here
Mines Adjudication Board in DENR Central Office
Members of Mines Adjudication Board members
DENR Secretary,
Director,
Undersecretary for field operations
Archipelagic Sea def
waters within baseline of archipelago
Highest position in MGB
Director
Capital for work program EP
2.5 million pesos
Certificate that proves individual/corp has good prior standing towards communities
Certificate of Environmental Management and Community Relations Record (CEMCRR)
Reqt for foreign corporation
< 50% Filipino
FTAA contract area per qualified person
1000 onshore, 4000 offshore, or combination of the two
Phases of FTAA
Exploration (2yr), Pre-Feasibility (2yrs), feasib (2yrs), Dev’t and utilization (3 yrs or remaining)
Capital for work program implmentation for FTAA
$ 4 million dollars
MPSA onshore area for metallic minerals
Indiv, 810 ha, corp 5000 ha
MPSA onshore area for non-metallic minerals
Indiv 810 ha, corp 2000 ha
After the 50 yr term what happens to contract?
Up for bidding, orig contractor can rebid
Proof of financial capabililty for the implementation of work program
2.5 million pesos
3 year development/utilization work program signee
Licensed Mining Engineer/Geologist
Document needed to be passed to approve ECC
EIS, as reviewed by Environmental Impact Assessment System
MWT Reserve fund for mine waste
Php 0.05/MT
MWT Reserve Fund for mill tailings
Php 0.1/MT
Gross output is defined by law as
actual market value of minerals or mineral products
Purpose of the Environmental Management Bureau (EMB)
Nationwide enforcement of environmental laws, not just for mining
RA 8749 otherwise known as
Clean Air Act of 1999
Philippine Clean Water Act of 2004 known as
RA 9275
The Environmental Impact Statement Systems was est by this law
PD 1586
“Ecological Solid Waste Management Act of 2000”
RA 9003
Known as the “IRR of RA 8749”
DAO 2000-81
“IRR of RA 9275”
DAO 2005-10
“National Pollution Control Law”
PD 984 of 1976
EMB is what kind of Bureau
line
PD 600 or
Marine Pollution Law
Water Code of the Philippines
PD 1067
“Mine Safety and Health Standards”
DENR Administrative Order No. 2000-98
Frequency Rate
(# of LTA x 1,000,000) / Manhours Worked
Severity Rate
(# of Days lost x 1,000,000) / Manhours Worked
Issues Blaster’s Foreman License
PNP FEO as endorsed by MGB
How is LTA calculated?
Starting the day after the incident happens amd person is unable to work
Types of Magazines
Permanent Storage, Issuing, Portable
Part-time Safety Engineer work day
at least 4 hrs per week
What is a Primed Cartridge
explosive cartridge w/ a detonator
When a serious injury happens, how fast should it be reported
<24 hrs to Director, Regional director, representative. Detailed report w/n 15 days
Statistics of accident and sickness shall be sub every
Monthly, w/n 15 days of start of month
Underground Class A,B,C,D employee # interval
> 150, 150-50, 50-25, <25
Surface Mine Class A,B,C,D employee # interval
> 250, 250-75,75-50, <50
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
Class D mines should have
1 part-time SE, 1 part-time SI
2 Qualifications of SE
EM w/ 1 yr exp in safety work or engg/geol/mete w/ 5 yrs exp. 40 hrs OSH training
Temporary Safety Engineer reqt’s
2 yrs exp as SI licensed engg, geol, chem, 40 hrs OSH training. Good for 2 yrs
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
Temp safety inspector term
2 yrs till cancellation
SE and SI permits renewed every
3 yrs
Req’t to be deputized
10 yrs of safety work
)Central Safety and Health Committee Chariman and Secretary resp
Highest official of the mine, Safety Engineer (SI for Class D)
UG mines are reqd these for ventilation
2 interconnected opening to the surface
Dist of flamm liquids or matls from main entrance of mine
50 meters
No mining w/n this dist from a winze or shaft if water is present
8 m for both Large Scale and SS