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Correl 2 > mine law > Flashcards

mine law Flashcards

1
Q

article 12, section 2 of Philippine Constitution

aka REGALIAN DOCTRINE

A

All mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines are owned by the State. It shall be the responsibility of the State to promote their rational exploration, development, utilization and conservation through the combined efforts of government and the private sector in order to enhance national growth in a way that effectively safeguards the environment and protect the rights of affected communities.

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2
Q

refers 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

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

A

block or Meridional block

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4
Q

the Mines and Geosciences Bureau under the Department of Environment and Natural Resources.

A

Bureau

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5
Q

land or body of water delineated for purposes of exploration, development, or utilization of the minerals found therein.

A

contract area

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6
Q

the Department of Environment and Natural Resources.

A

department

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7
Q

refers to the document issued by the government agency concerned certifying that the project under consideration will not bring about an unacceptable environmental impact and that the proponent has complied with the requirements of the environmental impact statement system.

A

environmental compliance certificate (ECC)

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8
Q

is the document which aims to identify, predict, interpret, and communicate information regarding changes in environmental quality associated with a proposed project and which examines the range of alternatives for the objectives of the proposal and their impact on the environment.

A

ENVIRONMENTAL IMPACT STATEMENT (EIS)

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9
Q

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

A

exclusive economic zone

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10
Q

means acts or circumstances beyond the reasonable control of contractor 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 that herein describe over which the affected party has no reasonable control.

A

force majeure

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11
Q

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

A

foreign-owned corporation

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12
Q

means the government of the Republic of the Philippines.

A

government

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13
Q

a group or tribe or 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

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14
Q

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

A

minerals

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15
Q

any land belonging to any private person 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, although the corresponding certificate or evidence of title or patent has not been actually issued

A

private land

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16
Q

lands of the public domain which have been classified as agricultural lands and subject to management and disposition or concession under existing laws.

A

public lands

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17
Q

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

A

quarrying

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18
Q

In the beginning, all land are part of public domain and fall under this classification by default.

A

forrest land

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19
Q

Can be acquired thru congress

A

agricultural land

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20
Q

Can be acquired by acquiring mineral/ mining permit

A

mineral land

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21
Q

Can be acquired thru congress by “law”

A

national park

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22
Q

only _____ is alienable and disposable

A

agricultural land

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23
Q

you can request for the ownership of the forest land if

A

you live in it 30 years continuously

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24
Q

how many exclusive economic zones does the philippines have

A

9

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25
Q

how many mineral reservations were declared by the national govt

A

6 out of 10

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26
Q

mineral reservations

A

-Surigao Laterite Mineral Reservation,
-Zambales Chromite Mineral Reservation,
-Siruma White Clay Mineral Reservation,
-Offshore Mineral Reservation,
-Samar Bauxite Mineral Reservation
I-locos Norte Feldspar Mineral Reservation
-Zamboanga Mineral Reservation in 1987,
-Biak-Na-Bato Mineral Reservation in 1989,
-The lahar-affected rivers and embankment areas in the provinces of Pampanga, Tarlac and Zambales in 1999 and the
-Davao Mineral Reservation in 2002.

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27
Q

Any citizen of the Philippines w/ capacity to contract, or a corporation partnership, association, or cooperative organized or authorized for the purpose of engaging in mining, with technical and financial capacity to undertaken mineral resources development and duly registered in accordance with law at least 60% of the capital of w/c is owned by citizen of the Philippines; Provided, that a legally organized foreign-owned corp. shall be deemed a qualified person for purposes of granting an exploration permit, FTAA or MP permit

A

qualified person

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28
Q

grants the right to conduct exploration for all minerals in specified areas. The Bureau shall have the authority to grant an exploration permit to a qualified person

A

exploration permit

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29
Q

explo permit is valid for

A

2 years

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30
Q

renewal of exploration permit for NON-METALLIC

A

4 years

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31
Q

renewal of exploration permit for METALLIC

A

6 years

32
Q

explo permit can be extended for another 2 years if _____

A

for the very purpose of preparing or completing the feasibility studies, and filing of the declaration of mining project feasibility and the pertinent Mineral Agreement or Financial or Technical Assistance Agreement (FTAA) application

33
Q

EXPLORATION PERMIT

Onshore (One Province): INDIVIDUAL

A

20 BLOCKS

34
Q

EXPLORATION PERMIT

Onshore (One Province): Partnership, corp, coop, assoc.

A

200 BLOCKS

35
Q

EXPLORATION PERMIT

Onshore (Entire Philippines): INDVIDUAL

A

40 BLOCKS

36
Q

EXPLORATION PERMIT

Onshore (Entire Philippines): Partnership, corp, coop, assoc.

A

400 BLOCKS

37
Q

EXPLORATION PERMIT

OffShore (Beyond 500m from low tide): INDIVIDUAL

A

100 BLOCKS

38
Q

EXPLORATION PERMIT

OffShore (Beyond 500m from low tide): Partnership, corp, coop, assoc.

A

1,000 BLOCKS

39
Q

The permittee shall anually relinquish at least ___ of the permit area for the first 2 years and atleast ___ of the remaining permit

A

20% and 10%

40
Q

mineral agreements are _____

A

exclusive for filipino-owned mining companies

41
Q

is an agreement where the Government grants to the contractor the exclusive right to conduct mining operations within a contract area and shares in the gross output. The contractor shall provide the financing, technology, management and personnel necessary for the implementation of this agreement.

A

Mineral Production Sharing Agreement (MPSA)

42
Q

is an agreement between the Government and the contractor wherein the Government shall provide inputs to the mining operations other than the mineral resource.

A

Co-production agreement

43
Q

is an agreement where a joint-venture company is organized by the Government and the contractor with both parties having equity 15 shares. Aside from earnings in equity, the Government shall be entitled to a share in the gross output.

A

joint-venture agreement

44
Q

MINERAL AGREEMENT
onshore (one province):
indicidual

A

10 blocks

45
Q

MINERAL AGREEMENT
onshore (one province):
Partnership, corp, coop, assoc.

A

100 blocks

46
Q

MINERAL AGREEMENT

Onshore (Entire Philippines): individual

A

20 blocks

47
Q

MINERAL AGREEMENT

Onshore (Entire Philippines): Partnership, corp, coop, assoc.

A

200 blocks

48
Q

MINERAL AGREEMENT

OffShore (Entire Philippines): Individual

A

50 blocks

49
Q

MINERAL AGREEMENT

OffShore (Entire Philippines): Partnership, corp, coop, assoc.

A

500 blocks

50
Q
  • Applicable for foreign-owned mining companies
  • Term of 25 years and renewable for another 25 years
  • Minimum capital of PhP100 million
A

FTAA -Financial or Technical Assistance Agreement

51
Q

FTAA - onshore

A

1,000 blocks

52
Q

FTAA - Offshore

A

4,000 blocks

53
Q

FTAA - onshore and offshore

A

must not exceed the maximum limits for onshore and offshore

54
Q

quarry permit years of contract

A

5 years, renewable to a period not exceeding to total of 25 years

55
Q

quarry permit covered area

A

5 hectars

56
Q

quarry permit guarantor

A

provincial governor

57
Q

covered area fo commercial sand and gravel permit and guarantor

A

not more than 5 hectars - provincial governor

58
Q

years of contract for industrial sand and gravel permit

A

5 years, renewable to a period not exceeding to total of 25 years

59
Q

covered area for industrial sand and gravel permit

A

more than 5 hectars

60
Q

guarantor for exclusive sand and gravel permit

A

provincial governor

61
Q

covered area for government gratuitous permit

A

not more than 2 hectars

62
Q

income tax

A

35% Taxable income

63
Q

excise tax

A

2% of actual value of minerals extracted

64
Q

royalties, if extracted from government mineral reservation

A

5%

65
Q

Project proponent of environmentally critical projects and projects within environmentally critical areas must obtain an environmental compliance certificate prior to commencement

A

environmental impact statement (EIS) System

66
Q

lead agency for EIS system

A

environmental management bureau

67
Q

-All mining projects considered environmentally critical;
-Subject to Environmental Impact Assessment (EIA) and to secure the necessary Environmental Clearance Certificate (ECC) from the Environmental Management Bureau (EMB); and
-Activities during the exploration period exempted from the EIA/ECC requirement.

A

environmental impact assesment

68
Q
  • In lieu of the ECC during the exploration period;
  • Program to address environmental impact; and
  • Defines financial commitment to be included in the annual exploration budget.
A

environmental work program

69
Q
  • Provides specific annual plans, programs and activities to institute environmental protection measures and/or rehabilitate mining-affected areas, during development and production stages; and
  • Gives support in attaining the objectives of the Environmental Clearance Cerrtificate granted.
A

enivironmental protection and enhancement program (EPEP)

70
Q
  • Provides activities to achieve mine closure, i.e., decommissioning, rehabilitation, residual care, etc.
  • Establishment of a Fund to be deposited during early years of the mine life.
A

final mine rehabilitation / deccommissioning plan

71
Q

This Order shall cover the guidelines for the filing, processing and issuance of Mineral Ore Export Permit (MOEP) for the transport/shipment outside the Philippines of all mineral ore(s

A

DENR Administrative Order No. 2008-20

72
Q

people’s small-scale mining act of 1991

A

republic act. no. 7076

73
Q

A 2 years program of activities and methodologies employed in the extraction and production of minerals or ore-bearing materials, including financial plan and other resources in support thereof.

A

MINING PLANS

74
Q

year of contract for small scale mining

A

2 years

-renewable subject to verification

75
Q

covered area for small scale mining

A

shall not exceed 20 hectars

Correl 2 (19 decks)

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