mine law Flashcards
article 12, section 2 of Philippine Constitution
aka REGALIAN DOCTRINE
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.
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
ancestral lands
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).
block or Meridional block
the Mines and Geosciences Bureau under the Department of Environment and Natural Resources.
Bureau
land or body of water delineated for purposes of exploration, development, or utilization of the minerals found therein.
contract area
the Department of Environment and Natural Resources.
department
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.
environmental compliance certificate (ECC)
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.
ENVIRONMENTAL IMPACT STATEMENT (EIS)
the water, sea bottom and subsurface measured from the baseline of the Philippine archipelago up to two hundred nautical miles (200 n.m.) offshore.
exclusive economic zone
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.
force majeure
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.
foreign-owned corporation
means the government of the Republic of the Philippines.
government
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.
indigenous cultural community
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.
minerals
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
private land
lands of the public domain which have been classified as agricultural lands and subject to management and disposition or concession under existing laws.
public lands
the process of extracting, removing and disposing quarry resources found on or underneath the surface of private or public land.
quarrying
In the beginning, all land are part of public domain and fall under this classification by default.
forrest land
Can be acquired thru congress
agricultural land
Can be acquired by acquiring mineral/ mining permit
mineral land
Can be acquired thru congress by “law”
national park
only _____ is alienable and disposable
agricultural land
you can request for the ownership of the forest land if
you live in it 30 years continuously
how many exclusive economic zones does the philippines have
9
how many mineral reservations were declared by the national govt
6 out of 10
mineral reservations
-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.
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
qualified person
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
exploration permit
explo permit is valid for
2 years
renewal of exploration permit for NON-METALLIC
4 years
renewal of exploration permit for METALLIC
6 years
explo permit can be extended for another 2 years if _____
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
EXPLORATION PERMIT
Onshore (One Province): INDIVIDUAL
20 BLOCKS
EXPLORATION PERMIT
Onshore (One Province): Partnership, corp, coop, assoc.
200 BLOCKS
EXPLORATION PERMIT
Onshore (Entire Philippines): INDVIDUAL
40 BLOCKS
EXPLORATION PERMIT
Onshore (Entire Philippines): Partnership, corp, coop, assoc.
400 BLOCKS
EXPLORATION PERMIT
OffShore (Beyond 500m from low tide): INDIVIDUAL
100 BLOCKS
EXPLORATION PERMIT
OffShore (Beyond 500m from low tide): Partnership, corp, coop, assoc.
1,000 BLOCKS
The permittee shall anually relinquish at least ___ of the permit area for the first 2 years and atleast ___ of the remaining permit
20% and 10%
mineral agreements are _____
exclusive for filipino-owned mining companies
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.
Mineral Production Sharing Agreement (MPSA)
is an agreement between the Government and the contractor wherein the Government shall provide inputs to the mining operations other than the mineral resource.
Co-production agreement
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.
joint-venture agreement
MINERAL AGREEMENT
onshore (one province):
indicidual
10 blocks
MINERAL AGREEMENT
onshore (one province):
Partnership, corp, coop, assoc.
100 blocks
MINERAL AGREEMENT
Onshore (Entire Philippines): individual
20 blocks
MINERAL AGREEMENT
Onshore (Entire Philippines): Partnership, corp, coop, assoc.
200 blocks
MINERAL AGREEMENT
OffShore (Entire Philippines): Individual
50 blocks
MINERAL AGREEMENT
OffShore (Entire Philippines): Partnership, corp, coop, assoc.
500 blocks
- Applicable for foreign-owned mining companies
- Term of 25 years and renewable for another 25 years
- Minimum capital of PhP100 million
FTAA -Financial or Technical Assistance Agreement
FTAA - onshore
1,000 blocks
FTAA - Offshore
4,000 blocks
FTAA - onshore and offshore
must not exceed the maximum limits for onshore and offshore
quarry permit years of contract
5 years, renewable to a period not exceeding to total of 25 years
quarry permit covered area
5 hectars
quarry permit guarantor
provincial governor
covered area fo commercial sand and gravel permit and guarantor
not more than 5 hectars - provincial governor
years of contract for industrial sand and gravel permit
5 years, renewable to a period not exceeding to total of 25 years
covered area for industrial sand and gravel permit
more than 5 hectars
guarantor for exclusive sand and gravel permit
provincial governor
covered area for government gratuitous permit
not more than 2 hectars
income tax
35% Taxable income
excise tax
2% of actual value of minerals extracted
royalties, if extracted from government mineral reservation
5%
Project proponent of environmentally critical projects and projects within environmentally critical areas must obtain an environmental compliance certificate prior to commencement
environmental impact statement (EIS) System
lead agency for EIS system
environmental management bureau
-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.
environmental impact assesment
- 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.
environmental work program
- 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.
enivironmental protection and enhancement program (EPEP)
- 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.
final mine rehabilitation / deccommissioning plan
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
DENR Administrative Order No. 2008-20
people’s small-scale mining act of 1991
republic act. no. 7076
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.
MINING PLANS
year of contract for small scale mining
2 years
-renewable subject to verification
covered area for small scale mining
shall not exceed 20 hectars
