mine laws Flashcards
if an investor wishes to acquire the right to extract or develop natural resources, he must enter into an agreement with the state
regalian doctrine
(ownership of mineral resources)
national economy and patrimony
stating exploration and development and utilization of natural resources shall be under the full control of the State
1987 Constitution Article XII, Sec 2.
an act creating peoples small scale mining program and for the other purposes
peoples small scale mining act of 1991
RA act 7076
revise dinplementing rules and regulations of republic act no. 7076 otherwise known peoples small scale mining act
DAO NO. 2022-03
an act institution a new system of mineral resources exploration development utilization and conservation
people mining act of 1995 (RA 7942)
providing for a consolidated deartnent of environment and natural resources administrative order for the implementing rules and regulations of ra no. 7942 otherwise known as philippine mining act of 1995
DAO NO. 2010-21
all mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the PH are owned y the state 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.
RA 7942
the Philippine Mining Act of 1995
Department Administrative Order No. 2010-21
Consolidated Department of Environment and Natural Resources
Administrative Order for the Implementing Rules and Regulations of RA 7942
*Ra 7942 The Philippine
Mining Act of 1995
greenbelts, game refuge and bird
sanctuaries as defined by law and in areas expressly prohibited under the
National Integrated Protected Areas System (NIPAS) under Republic Act No.
7586, Department Administrative Order No. 25, series of 1992
Executive Order No. 79 series of 2012
Tourism development areas, as identified in the National Tourism
Development Plan (NTDP); and,
Other critical areas, island ecosystems, and impact areas of mining as
determined by current and existing mapping technologies, that the DENR
may hereafter identify pursuant to existing laws, rules, and regulations, such
as, but not limited to, the NIPAS Act.
No MPSA / FTAA / or EP be granted in CADC / CADT
areas except with the ICC’s consent;
In case the ICC’s give their consent, a royalty of at
least 1 % of the gross revenue is due to the ICC from
the mining company.
*ANCESTRAL LANDS
MAXIMUM AREAS ALLOWED UNDER A MINERAL AGREEMENT
32,000 onshore
81,000 offshore
2 years; renewable
to a maximum of 8
years
Individuals or
Filipino or foreign
corporations
Exploration
Permit
TYPES OF MAJOR MINING PERMITS/CONTRACTS
TENEMENTS ISSUED BY DENR-MGB
Exploration Permit (EP)
2. Mineral Agreements
3. Financial or Technical Assistance Agreements (FTAA)
4. Mineral Processing Permits (MPP)
5. Industrial Sand and Gravel Permits (>5 to 20 hectares)
6. OTPs/MOEPs
*Stages of mining operations
EXPLORATION
development
production
Progressive rehabilitation
Final mine decommissioning
PERMITS ISSUED BY LOCAL GOV’T
- Small-Scale Mining Contracts
- Quarry Permits
- Sand and Gravel Permits (5 hectares & below)
- Guano Permits
- Gemstone Gathering Permits
- OTPs/MOEPs
- Approved Survey Plan
- Feasibility Study
- 3 Yr Development / Utilization Work Program
- Final Exploration Report
- Favorable endorsements from the LGU
- SDMP
- EPEP and FMRDP
- Proof of financial capacity;
- Proof of technical capability
- NCIP FPIC process
- SHP
REQUIREMENTS FOR DMPF
holders of the tenements are required to submit certain
requirements within sixty (60) days from expiration of the exploration
period of the tenement or the exploration permit, as the case may be.
Failure to submit the requirements is a ground for cancellation of the
mining tenement.
*EXPLORATION PERMIT
MAXIMUM AREAS ALLOWED UNDER A MINERAL AGREEMENT
5,000 hectares
onshore
40,500 hectares
offshore
25 years;
renewable for like
period
Individuals or
Filipino
corporations
Mineral
Production
Sharing
Agreement
Location Map 1: 50,000 scale;
2. Articles of Incorporation/ By laws /
3. Area Status and Clearances;
4. Publication / posting / radio announcement;
5. Project presentation / consultation with all Sanggunian
(Barangay, Bayan, Panlalawigan);
6. ExWP
7. EnWP
8. Proof of financial capacity;
9. Proof of technical capability
10. NCIP FPIC process
REQUIREMENTS TO SUPPORT AN EP APPLICATION
MAXIMUM AREAS ALLOWED UNDER A MINERAL AGREEMENT
81,000 onshore
324,000 offshore
25 years;
renewable for like
period
Filipino or 100%
foreign
corporations
Financial or
Technical
Assistance
Agreement
period of 2 years renewable three times or a total of 8 years
*EXPLORATION PERMIT
the exploration period under MPSAs and FTAAs
(and other similar mining tenements), as well as exploration permits,
are automatically renewed without the need of filing applications
for renewal.
Department Administrative Order No. 2021-12
Under DAO 2021-12,
*WHO GRANTS EXPLORATION PERMITS?
MGB DIRECTOR
Exploration results reveal the presence of mineral
deposits economical to mine;
* Approval of DMPF grant to the Permittee the
approval of MPSA / FTAA;
* right to develop the mining area in preparation to
commercial extraction
DECLARATION OF MINING PROJECT FEASIBILITY
means a contract between the Government and a Contractor
*MINERAL AGREEMENT
an
agreement where in the Government grants to the Contractor the
exclusive right to conduct mining operations within, but not title over,
the contract area and shares in the production as owner of the
minerals therein.
The Contractor shall provide the necessary financing, technology,
management and personnel.
Mineral Production Sharing Agreement (MPSA)
what are the MINERAL AGREEMENTs
a. Mineral Production Sharing Agreement
b. Co-Production Agreement
c. Joint Venture Agreement
WHO GRANTS MINERAL
PRODUCTION SHARING AGREEMENTS?
DENR SECRETARY: Maria Yulo Loyzaga
means a contract involving financial or technical assistance for large-scale
exploration, development and utilization of mineral resources.
FINANCIAL OR TECHNICAL
ASSISTANCE AGREEMENT
ftaa exploration period
8 years
*WHO GRANTS ftaas?
president
2 years pre-feasibility period;
* 2 years Feasibility Study period
* DMPF
* Not applicable to cement raw materials, marble,
granite, SAG and construction aggregates
* FTAA holder shall not acquire any title over the
mining area except surface rights
FINANCIAL OR TECHNICAL ASSISTANCE AGREEMENT
Minimum authorized capital of USD $ 4,000,000.00
during application
* Commitment in the contract agreement to invest USD
$ 50,000,000.00
* Can be transferred or assigned;
* No FTAA for cement raw materials, sand & gravel
and construction aggregates;
* 25 year period, renewable for another 25 years
FINANCIAL OR TECHNICAL ASSISTANCE AGREEMENT
Term of five (5) years
* Renewable for like periods but not to exceed 25 years;
* Alien employment is allowed but limited to specialized
positions
*Mineral processing permit
Assume full responsibility and be liable for
damages to private or public properties
affected by its operation;
* Use best available anti-pollution technology
and facilities;
* Shall not discriminate on the basis on gender;
* Pay fees, taxes, other obligations;
* Comply with ECC
TERMS AND CONDITIONS OF AN Mineral
processing permit
for assay and pilot testing purposes;
Certificate of Transport Clearance
TRANSPORT OF MINERAL PRODUCTS AND CONFISCATION
Ore Transport Permit
Certificate of Transport Clearance
Absence of OTP while transporting ore is prima facie evidence of illegal mining
all ores including gold
bullions
Ore Transport Permit
Common Acts of Illegal Mining
Mining operation within a No-Go
Zone/SSM outside Minahang Bayan
Large-scale mining in the guise of SSM
Mining via hydraulicking or compressor mining
Black sand mining in guise of
dredging or sand and gravel quarrying
Unauthorized mineral extraction and
transport in the guise of environmental clean-up
SSM of metallic minerals other
than gold/silver/ chromite
Any person who knowingly presents any false application, declaration, or
evidence to the Government or publishes or causes to be published any
prospectus or other information containing any false statement relating to
mines, mining operations or mineral agreements, financial or technical
assistance agreements and permits shall, upon conviction, be penalized by a
fine of not exceeding Ten thousand pesos (P10,000.00).
Section 101
False Statements
Penal Provisions
Any person extracting minerals and disposing the same without a mining
agreement, lease, permit, license, or steals minerals or ores or the
products thereof from mines or mills or processing plants shall, upon
conviction, be imprisoned from six (6) months to six (6) years or pay a fine
from Ten thousand pesos (P10,000.00) to Twenty thousand pesos
(P20,000.00) or both, at the discretion of the appropriate court. In
addition, he shall be liable to pay damages and compensation for the
minerals removed, extracted, and disposed of. In the case of
associations, partnerships, or corporations, the president and each of the
directors thereof shall be responsible for the acts committed by such
association, corporation, or partnership.
Section 103
Theft of Minerals
Any person undertaking exploration work without the necessary exploration
permit shall, upon conviction, be penalized by a fine of not exceeding Fifty
thousand pesos (P50,000.00).
Section 102
Illegal Exploration
how many hecateres QUARRY PERMIT
5 hectares or less
5 year term; renewable for like terms but not to exceed a total
term of 25 years
QUARRY PERMIT
for the extraction, removal and disposition of quarry resources
quarry resources include, 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 limited to Filipinos or Filipino-owned corporations
QUARRY PERMIT
extraction, removal and disposition of sand and gravel and other
loose or unconsolidated materials
limited to Filipinos or Filipino-owned corporations
only (one) 1 permit shall be granted to a qualified person in a
municipality
SAND AND GRAVEL PERMITS
how many years for SAND AND GRAVEL PERMITS
1 to 5 year terms; renewable for like terms
Extraction, removal and disposition of sand and gravel and
other loose or unconsolidated materials necessitating the use
of mechanical processing
limited to Filipinos or Filipino-owned corporations
only (one) 1 permit shall be granted to a qualified person in a
municipality
INDUSTRIAL SAND AND GRAVEL PERMIT
how many years INDUSTRIAL SAND AND GRAVEL PERMIT
5 year term; renewable for like terms but not to exceed a total
term of 25 years
how many hectares and term for COMMERCIAL SAND AND GRAVEL PERMIT
1 hectare or less
1 year term renewable for a like period
Extraction, removal and disposition of sand and gravel and other
loose or unconsolidated materials and used in their natural state
limited to Filipinos or Filipino-owned corporations
only one (1) permit shall be granted to a qualified person in a
municipality
COMMERCIAL SAND AND GRAVEL PERMIT
Permit for the extraction and utilization of sand and gravel or
loose/ unconsolidated materials for construction of buildings
and/or infrastructure for public use
Issued to any Government entity/ instrumentality
Requires the submission of project proposal
GOVERNMENT GRATUITOUS PERMIT
hectares and year for GOVERNMENT GRATUITOUS PERMIT
Co-terminus with the project stage but not to exceed 1 year
Area of 2 hectares or less in public/private land
Extraction and utilization of quarry, sand and gravel or loose/
unconsolidated materials
any landowner in his/her private land
submission of proof of ownership of land and that the materials
shall be used for personal use
PRIVATE GRATUITOUS PERMIT
duration of PRIVATE GRATUITOUS PERMIT
60 calendar days; non-renewable
Extraction, removal and disposition of loose stones useful as
gemstone
manual gathering without the aid of any tools/mechanical
equipment
GEMSTONE GATHERING PERMIT
Brgy. Mainit, Nabunturan, Davao de Oro
small scale mining
Extraction, disposition and/or utilization of guano and other
organic fertilizer deposits
caves or confined sites
applicants domicile is w/in the municipality
term of 1 year or upon extraction of specified quantity
1 permit per cave
no use of explosives
GUANO PERMIT
Department Administrative Order No. 2022-03: Revised Implementing Rules
and Regulations of the People’s Small-Scale Mining Act of 1991
PHILIPPINE SMALL-SCALE MINING ACT OF 1991
hectares for GUANO PERMIT
5 hectares or less in confined sites
Evolution of the Small-Scale Mining Law
- PD No. 581
Prescribing heavier
penalty for highgrading
from a mining claim
(Nov. 13, 1974) - PD No. 1150
Amending PD No. 581
and Regulating Panning
or Sluicing for Gold
Inside Mining Claims or
in Public or Private Lands
(June 6, 1977) - PD No. 1899 Establishing
Small-Scale Mining as a
New Dimension in Mineral Dev’t.
(Jan. 20, 1984) - RA No. 7076
The Small-Scale
Mining Act… Creating
a People’s Small-Scale
Mining Program
(June 27, 1991)
year for GEMSTONE GATHERING PERMIT
1 year term renewable for like period
date for PD No. 1150
Amending PD No. 581
(June 6, 1977)
Common
Characteristics: small scale mining
Labor intensive
Includes Artisanal Small-Scale
Gold Mining
Uses simple implements and
methods
Minimal investment on mining,
infrastructures and processing
date for PD PD No. 1899
(Jan. 20, 1984)
date for RA No. 7076
(June 27, 1991)
date for PD No. 581
(Nov. 13, 1974)
Measures to improve SSM activities:
Compliance with RA No. 7076 and PD No. 1586, the EIS
System
Confinement of activities within Minahang Bayan or
People’s Small-Scale Mining Areas
Operationalization of the P/CMRBs
Limitation of metallic minerals to gold, silver and chromite
Prohibition on the use of mercury in small-scale mining;
Provision of technical assistance to small-scale miners
Executive Order No. 79
DENR ADMINISTRATIVE ORDER 2022-03
Executive Order No. 79
SECTION 5. General Provision.
section 6. registration and licensing of small scale miners-
section 7 areas open for declaration as minahang bayan
section 8 suitability of a minahang bayan for small scale mining
section 11 extent of small scale mining contract area
section 14 general provision
section 15 establishment and operation of centralized custom mills/ plants and mineral processing zones
section 16 application for mineral processor’s license
section 20 provincial/city mining regulatory board
section 21 composition of the board
section 26 rights of private landowners
section 39 sale of gold
provided that a MPL application shall be accepted only upon payment of the required fees in the amount of 10,000 to the provincial/city government by way of an ordinance
section 16. application for mineral processor’s license
No small- scale mining shall be undertaken outside a MInahang Bayan and that no entity shall engage in small scale mining without a small scale mining contract. likewise no person shall work or be hire to work in a small scale mining and other similar operations unless registered with the Board
SECTION 5. General Provision.
all persons undertaking or intending to undertake small scale mining operations within a declared Minahang Bayan area shall register with the Board as small scale miner as the case may be subject to payment of the corresponding license application fee and the following requirements
section 6. registration and licensing of small scale miners-
the board shall have the authority to declare and set aside minahang bayan in mineralized areas onshore suitable for small scale mining, except in areas closed to mining applications as provided in section 1 of the exceutive order no. 79 dated july 6, 2012 and shall not exceed two contiguous meridional blocks subject to review by the secretary thru the director
section 7 areas open for declaration as minahang bayan-
for gold and silver deposits what should be the per ton grade of
- alluvail/placer deposits
- epithermal, vein-type, disseminated or porphyry deposits
- at least 1g per ton gold equivalent grade
2/ at least 5g gold per ton grade
chromite deposits
metallurgical chromite- alluvial placer deposits
who’s job is this:
files the petition/proposal for MB to the P/CMRB
petitioner
who’s job is this:
checks if the w/in areas open for MB declaration and viable to SSM. if ok, endorses the report to the board. a copy of the report shall be provided to the DENR sec thru the MGB director
MGB RO
who’s job is this:
clears the declaration of the proposed minahang bayan
DENR
who’s job is this:
forwards the petition to the MGB RO NCIP OTHER DENR SEctor province/ city government concerned and all sanggunian concerned
accept applications for small scale mining contracts
P/CMRB
EXTENT OF SMALL SCALE MINING contract area
less than 1.25 hectares and more than 20 hectares per small scale mining contract
divide 64 parcels at 3.75 of latitude and 3.75 of longitude per parcel containinng 1.25 hectares
small scale mineral processing shall be underataken only in mineral processing zones (MPZ) under a mineral processing license (MPL)
section 14. general provision
for underground and surface mining
1.5 m above and effective width of 1.3 m and a maximum depth of 100m undeground workings no case shall go below mean sea level elevation
surface mining: bench height limited to 1.5 m
allowable berm for workings 2 m
shall not use mercury instead gravity con cyanidation and non mercury recovery methods shalle be utilized
max capacity 50,00 tins per license shall be required and may be composed of modular plants of 5-150 tons per day
capital expenditure for the mill plant shall not be less than 2M but not more than 25 M
section 15. establishement and operation of centralized custom mills/plants and mineral processing zones
will review and set effluent standards, review
and enforce water quality guidelines, classify groundwater
sources and prepare a national groundwater vulnerability
map, classify or reclassify water bodies, establish
internationally accepted procedures for sampling and
analysis, prepare an integrated water quality management
framework and subsequently prepare 10-year
management plans for each water management area.
The DENR
is the
government agency which manages and regulates all
water resources and services in the Philippines. It
integrates and coordinates all water related activities
that have social, environmental and economic impacts
in the country.
National Water Resources Board
(NWRB)
National Water Resources Board
shall enforce water quality
standards in marine waters, specifically from offshore
sources.
Philippine Coast Guard
under the administrative supervision of
the DENR as an attached agency.
NWRB
through its attached agencies shall provide sewerage and
sanitation facilities, and the efficient and safe collection,
treatment and disposal of sewage within their area of
jurisdiction.
Department of Public Works and Highways
shall set, revise and enforce
drinking water quality standards.
Department of Health
shall formulate
guidelines for the re-use of wastewater for irrigation and
other agricultural uses and for the prevention, control
and abatement of pollution from agricultural and
aquaculture activities.
Department of Agriculture
shall prepare and implement a comprehensive and
continuing public education and information program
Department of Education, Commission on
Higher Education, Department of Interior and Local
Government, and the Philippine Information Agency
shall
evaluate, verify, develop and disseminate pollution
prevention and cleaner production technologies.
Department of Science and Technology
means discharges from known source
which is passed into a body of water or land, or
wastewater flowing out of a manufacturing plant,
industrial plant including domestic, commercial and
recreational facilities.
Effluent -
means any legal restriction or
limitation on quantities, rates, and/or concentrations or any
combination thereof, of physical, chemical or biological
parameters of effluent which a person or point source is
allowed to discharge into a body of water or land.
Effluent Standard
Implementing Rules and Regulations of RA 9275
DAO 2005-10:
means any solid, semi-solid or
liquid waste material with no commercial value released by
a manufacturing or processing plant other than excluded
material.
Industrial waste
means any waste or combination
of wastes of solid, liquid, contained gaseous, or semi-solid
form which cause, or contribute to, an increase in mortality
or an increase in serious irreversible, or incapacitating
reversible illness, taking into account toxicity of such waste,
its persistence and degradability in nature, its potential for
accumulation or concentration in tissue, and other factors
that may otherwise cause or contribute to adverse acute or
chronic effects on the health of persons or organism.
Hazardous waste
means the policy guideline integrating all the existing
frameworks prepared by all government agencies on water
quality involving pollution from all sources. Specifically, the
framework shall contain the following: (a) water quality
goals and targets;
(b) period of compliance;
(c) water pollution control strategies and techniques;
(d) water quality information and education program; and
(e) human resources development program.
Integrated Water Quality Management Framework
shall refer to any substance, whether
solid, liquid, gaseous or radioactive, which directly or
indirectly:
(i) alters the quality of any segment of the
receiving water body so as to affect or tend to
affect adversely any beneficial use thereof;
(ii) is hazardous or potentially hazardous to
health;
(iii) imparts objectionable odor, temperature
change, or physical, chemical or biological
change to any segment of the water body; or
(iv) is in excess of the allowable limits or
concentrations or quality standards specified, or in
contravention of the condition, limitation or
restriction prescribed in this Act.
Pollutant
violation of any of the provisions of RA No.7076 OR THIS ADMINISTRATIVE order shall be penalized with imprisonment of not less than 6 years and shall include the confiscation and seizure by the board of the equipment tools and conveyance used in the commission of the offense
section 41 penal sanctions
all gold produces from minahang bayan shall be sold to the BSP
section 39. Sale of Gold
section 21. composition of the board PMRCB
regional director concerned or his her duty authorized representative as chairperson
provincial governor or city mayor or his her representative as member
one small scale mining representative as member
one large scale member
1 representative from an environment non government org member
technical secretariat/staff shall be provided by the regional office concerned
An Act providing for a Comprehensive Water
Quality Management and for other purposes
Republic Act No. 9275
royalties paid to the owner shall in no case exceed one percent 1% of the gross value of the minerals recovered as royalty
section 26. rights of private landowners
Water Quality Guidelines and General Effluent
Standards
DAO 2016-08:
Updated Water Quality Guidelines (WQG) and General Effluent Standards (GES) for Selected Parameters
DAO 2021-19:
commonly known as the
Water Code of the Philippines and its amended IRR are the main laws that control and regulate the ownership, appropriation, utilization,
exploitation, development, control, conservation
or protection of water resources of the
Philippines.
P.D. 1067 (Water Code of the Philippines and its Amended IRR)
The underlying principles of the
Water Code of the Philippines (PD 1067) is that
all waters belong to the State.
The State shall pursue a policy of economic growth in a manner
consistent with the protection, preservation and revival of the quality of
our fresh, brackish and marine waters. To achieve this end, the
framework for sustainable development shall be pursued. As such, it
shall be the policy of the State:
a) To streamline processes and procedures in the prevention, control and
abatement of pollution of the country’s water resources;
b) To promote environmental strategies, use of appropriate economic
instruments and of control mechanisms for the protection of water
resources;
c) To formulate a holistic national program of water quality management
that recognizes that water quality management issues cannot be
separated from concerns about water sources and ecological
protection, water supply, public health and quality of life;
SECTION 2. Declaration of Policy
To formulate an integrated water quality management framework
through proper delegation and effective coordination of functions and
activities;
e) To promote commercial and industrial processes and products that are
environment friendly and energy efficient;
f) To encourage cooperation and self-regulation among citizens and
industries through the application of incentives and market-based
instruments and to promote the role of private industrial enterprises in
shaping its regulatory profile within the acceptable boundaries of public
health and environment;
g) To provide for a comprehensive management program for water
pollution focusing on pollution prevention;
SECTION 2. Declaration of Policy
the primary government agency responsible
for the implementation and enforcement of this Act, with
the support of other government organizations, local
government units, non -government organizations and the
private sector.
DENR
This Act shall apply to water quality management in all water
bodies: Provided, That it shall primarily apply to the abatement and
control of pollution from land-based sources: Provided, further, That the
water quality standards and regulations and the civil liability and penal
provisions under this Act shall be enforced irrespective of sources of
pollution.
SECTION 3. Coverage of the Act
Who is responsible for
the implementation of
the Clean Water Act?
DENR
To promote public information and education and to encourage the
participation of an informed and active public in water quality
management and monitoring;
i) To formulate and enforce a system of accountability for short and
long-term adverse environmental impact of a project, program or
activity; and
j) To encourage civil society and other sectors, particularly labor, the
academe and business undertaking environment-related activities in
their efforts to organize, educate and motivate the people in
addressing pertinent environmental issues and problems at the local
and national levels.
SECTION 2. Declaration of Policy
means any source of pollution not
identifiable as point source to include, but not be limited
to, run-off from irrigation or rainwater which picks up
pollutants from farms and urban areas.
Non point source
means a report to be prepared by the DENR
indicating:
(a) the location of water bodies, their water quality,
taking into account seasonal, tidal and other
variations, existing and potential uses and sources
of pollution per specific pollutant and pollution load
assessment;
(b) water quality management areas pursuant to
Section 5 of this Act; and
(c) water classification.
National Water Quality Status Report —
means water-borne human or animal
wastes, excluding oil or oil wastes, removed from
residences, buildings, institutions, industrial and
commercial establishments together with such
groundwater, surface water and storm water as
may be present including such waste from
vessels, offshore structures, other receptacles
intended to receive or retain wastes, or other
places or the combination thereof
Sewage
means any identifiable source of
pollution with specific point of discharge into a particular
water body.
Point source
means the sludge produced on
individual onsite wastewater-disposal systems,
principally septic tanks and cesspools.
Septage
includes, but is not limited to, any
system or network of pipelines, ditches, channels, or
conduits including pumping stations, lift stations and
force mains, service connections including other
constructions, devices, and appliances appurtenant
thereto, which involves the collection, transport,
pumping and treatment of sewage to a point of disposal.
Sewerage
The Wastewater Discharge Permitting System is being
enforced by the DENR and the Laguna Lake Development
Authority (LLDA) to control wastewater discharges.
Facilities that discharge wastewater are required to get a
permit to discharge from the DENR or LLDA.
The Discharge Permit (DP) is the legal authorization
granted by the DENR/LLDA to discharge wastewater into a
water body. Wastewater Charges/Fees have to be paid by
anyone discharging wastewater into a water body.
This scheme is expected to encourage investments in
cleaner production and pollution control technologies to
reduce the amount of pollutants generated and
discharged.
Wastewater Discharge Permitting System
Water Body Classification and Usage of Freshwater
Public Water Supply Class I – Intended primarily for
waters having watersheds, which are uninhibited and/or
otherwise declared as protected areas, and which
require only approved disinfection to meet the latest
PNSDW
Class AA
The DENR, in
coordination with National Water Resources Board
(NWRB), shall designate certain areas as water quality
management areas using appropriate physiographic units
such as watershed, river basins or water resources regions.
The objective of the WQMA is to protect, thru stakeholders
collaboration, the water body and its tributaries by keeping
their water quality within the Water Quality Guidelines or
Criteria conforming to the water body’s classification (e.g.,
Class C or Class SC) or even improve the quality to higher
classification (e.g., from C to B or SC to SB).
A WQMA Action Plan will be prepared in order to address
water quality issues and problems in the area and later
result to the improvement or better water quality of the said
water body.
Water Quality Management Area
means any solid, semi-solid or liquid
waste or residue generated from a wastewater
treatment plant, water supply treatment plant, or
water control pollution facility, or any other such
waste having similar characteristics and effects.
Sludge
DENR Administrative Order No.
2016-08
DENR Administrative Order No.
2016-08
Public Water Supply Class II – Intended as sources of
water supply requiring conventional treatment
(coagulation, sedimentation, filtration, and disinfection)
to meet the latest PNSDW
Class A
Recreational Water Class I – Intended for primary
contact recreation (bathing, swimming, etc.)
Class B
Navigable waters
Class D
- Fishery Water for the propagation and growth of
fish and other aquatic resources
2. Recreational Water Class II – For boating, fishing,
or similar activities
3. For agriculture, irrigation, and livestock watering
Class C
- Protected Waters – Waters designated as national or
local marine parks, reserves, sanctuaries, and other
areas established by law - Fishery Water Class I – Suitable for shellfish harvesting
for direct human consumption
Class SA
- Fishery Water Class II – Waters suitable for
commercial propagation of shellfish and intended as
spawning areas for milkfish and similar species
2. Tourist Zones – For ecotourism and recreational
activities
3. Recreational Water Class I – Intended for primary
contact recreation (bathing, swimming, skin diving,
etc.)
Class SB
Navigable waters
Class SD
- Fishery Water Class III – For the propagation and
growth of fish and other aquatic resources and
intended for commercial and sustenance fishing - Recreational Water Class II – For boating, fishing, and
similar activities - Marshy and/or mangrove areas declared as fish and
wildlife sanctuaries
Class SC
- Discharging or depositing any water pollutant to the water
body, or such which will impede natural flow in the water
body - Discharging, injecting or allowing to enter into the soil,
anything that would pollute groundwater - Operating facilities that discharge regulated water
pollutants without the valid required permits - Disposal of potentially infectious medical waste into sea
by vessels - Unauthorized transport or dumping into waters of sewage
sludge or solid waste. - Transport, dumping or discharge of prohibited chemicals,
substances or pollutants listed under Toxic Chemicals,
Hazardous and Nuclear Wastes Control Act (Republic Act
No. 6969) - Discharging regulated water pollutants without the valid
required discharge permit pursuant to this Act
SEC. 27 PROHIBITED ACTS:
- Refusal or failure to submit reports and/or designate
pollution control officers whenever required by the DENR
in accordance with this Act - Noncompliance of the LGU with the Water Quality
Framework and Management Area Action Plan - Refusal to allow entry, inspection and monitoring as well
as access to reports and records by the DENR in
accordance with this Act - Directly using booster pumps in the distribution system
or tampering with the water supply in such a way to
alter or impair the water quality - Operate facilities that discharge or allow to seep,
willfully or through grave negligence, prohibited
chemicals, substances, or pollutants listed under R.A.
No. 6969, into water bodies. - Undertake activities or development and expansion of
projects, or operating wastewater treatment/sewerage
facilities in violation of P.D.1586 and its IRR.
SEC. 27 PROHIBITED ACTS:
Upon the recommendation of the Pollution
Adjudication Board (PAB), anyone who
commits prohibited acts such as discharging
untreated wastewater into any water body
will be fined for every day of violation, the
amount of not less than Php 10,000 but not
more than Php 200,000.
Upon the recommendation of the Pollution
Adjudication Board (PAB), anyone who
commits prohibited acts such as discharging
untreated wastewater into any water body
will be fined for every day of violation, the
amount of not less than Php 10,000 but not
more than Php 200,000.
- Failure to undertake clean-up operations
willfully shall be punished by imprisonment
of not less than two years and not more
than four years. This also includes a fine of
not less than Php 50,000 and not more than
Php 100,000 per day of violation.
SEC 28. FINES, DAMAGES, AND PENALTIES
SEC 28. FINES, DAMAGES, AND PENALTIES
Failure or refusal to clean up which results in
serious injury or loss of life or lead to
irreversible water contamination of surface,
ground, coastal and marine water shall be
punished with imprisonment of not less than
6 years and 1 day and not more than 12
years and a fine of Php 500,000/day for each
day the contamination or omission continues.
In cases of gross violation, a fine of not less
than Php 500,000 but not more than Php
3,000,000 will be imposed for each day of
violation. Criminal charges may also be filed.
In cases of gross violation, a fine of not less
than Php 500,000 but not more than Php
3,000,000 will be imposed for each day of
violation. Criminal charges may also be filed.
TYPES OF HAZARD SIGNS
WARNING
TOXIC
BIOHAZARD
HIGH VOLTAGE
RADIOACTIVE
CORROSIVE
ENVIRONMENTAL HAZARD
FLAMMABLE
EXPLOSIVE
HEALTH HAZARD
RA 6969
Toxic Substances
Toxic Substances
Hazardous Wastes
Why the need to regulate
toxic chemicals?
Why the need to manage
hazardous wastes
properly?
protect health reduce exposure to hazardoues reducing illness saves lives
prevent potentially damaging effects
how many known substances
Only 20 million
Global production of chemicals has increased
from
Global production of chemicals has increased
from
registered and 10,000 are
marketed in quantities or volumes > 10 tons
About 100,000
Revising DAO 1992-29 to further strengthen the
implementation of RA 6969 and Prescribing the Use of a
Procedural Manual
DENR Administrative Order No. 2004-36
Revised Procedures and Standards for the Management of
Hazardous Wastes
DENR Administrative Order No. 2013-22
It is the policy of the State to regulate, restrict or prohibit the
importation, manufacture, processing, sale, distribution, use
and disposal of chemical substances and mixtures that
present unreasonable risk and/or injury to health or the
environment;
to prohibit the entry, even in transit, of hazardous and
nuclear wastes and their disposal into the Philippine
territorial limits for whatever purpose;
and to provide advancement and facilitate research and
studies on toxic chemicals.
Section 2. Declaration of Policy
Database of all existing chemicals in the
Philippines
Philippine Inventory of Chemicals and
Chemical Substances (PICCS)
how many chemicals and substances
46,967 chemicals and substances
Implementing Rules and Regulations of RA 6969
DENR Administrative Order No. 1992-29
PMPIN certificates are secured at the
EMB Central
Office (>1,000 kg)
List of chemicals that are determined to pose
SIGNIFICANT risk to human and the environment (e.g.
acute or chronic toxic effects – carcinogenic,
mutagenic, persistency, bio-accumulation)
Priority Chemical List (PCL)
Six (6) CCO issued as DAO of RA 6969
Mercury and Mercury Compounds
* Cyanide and Cyanide Compounds
* Asbestos
* Ozone Depleting Substances (ODS)
* Polychlorinated Biphenyls (PCBs)
* Lead and Lead Compound
When do you say a waste is hazardous?
—has at least one of the following characteristics:
Ignitability
(temperature)
Corrosivity
(pH)
Toxicity
(TCLP)
Reactivity
(explosive)
Process applicable to NEW CHEMICALS not listed in
the PICCS
Pre-Manufacture/Pre-Importation Notification & Small
Quantity Importation (PMPIN/SQI)
SQI are secured from
EMB Regional Offices Offices (<1,000 kg)
how many currently enlisted including formalin, mercaptan,
etc.
48
Prohibit, limit, or regulate the USE, MANUFACTURE,
IMPORT, EXPORT, TRANSPORT, PROCESSING,
STORAGE, POSSESSION & SALE of chemicals and
chemical substances
- DENR regulates its use, phase out, or ban due to
serious risks or adverse effects
Chemical Control Order (CCO)
CATEGORIES OF HAZARDOUS WASTE GENERATORS
Large Generator
Medium Generator
Small Generator
COMMON HAZARDOUS WASTES
busted fluorescent lamps
waste electrical and
electronic equipment
containers previously containing toxic substances
pathological or
Infectious wastes
used lead-acid
batteries
used oil (industrial/commercial)
HWG registration
full time PCP
QUARTERLY REPORTING
storage and labeling
storage time limit 6 MONTHS
manifest system
contingency planning
training
LARGE GENERATOR
HWG registration
full time PCP
ANNUAL REPORTING
storage and labeling
storage time limit 1 YEAR
manifest system
contingency planning
training
SMALL GENERATOR
HWG registration
full time PCP
SEMI ANNUAL REPORTING
storage and labeling
storage time limit 1 YEAR
manifest system
contingency planning
training
MEDIUM GENERATOR
wastes that contain radioactive material
- under the mandate of the
Philippine Nuclear Research
Institute (PNRI)
Nuclear Wastes?
Generated from various applications of
radioactive materials in medicine, industries,
and research
* PNRI currently manages these wastes
through its centralized treatment and storage
facilities located on site
* Amount of radioactive waste is small
compared to countries with nuclear power
program
Nuclear (Radioactive) Waste
sole agency of the government mandated to advance and
regulate the safe and peaceful applications of nuclear science
and technology in the Philippines
Philippine Nuclear Research
Institute (PNRI)
(non-operational) Nuclear Power Plant
Bataan Nuclear Power Plant
identify HW generator
designate a full time pollution control officer
register online
submit quaterly reports
implement proper hazardous waste managemnet
storage facility
pre transport requirements
use of registered transporters and TSD facilities
used of manifests in transporting HW offsite
confirmation of completion of treatment or disposal
HW GENERATOR’S RESPONSIBILTY
History of Environmental Impact Statement (EIS) System
Introduced in 1977 with the issuance of the Philippine Environmental
Policy law through
Presidential Decree 1151
established the Philippine
Environmental Impact Statement System (PEISS)
Presidential Decree 1586 (1978)
No person, partnership, or corporation shall undertake
or operate any such declared environmentally critical
project or area without first securing an Environmental
Compliance Certificate (ECC)
PD 1586, Section 4
Implementing Rules and Regulations of PEISS
DENR Administrative Order No. 2003-30
The following are the key operating principles in the implementation
of the Philippine EIS System:
a. The EIS System is concerned primarily with assessing the
direct and indirect impacts of a project on the biophysical and
human environment and ensuring that these impacts are
addressed by appropriate environmental protection and
enhancement measures.
b. The EIS System aids proponents in incorporating
environmental considerations in planning their projects as well
as in determining the environment’s impact on their project
c. Project proponents are responsible for determining and
disclosing all relevant information necessary for a methodical
assessment of the environmental impacts of their projects;
d. The review of the EIS by EMB shall be guided by three
general criteria:
(1) that environmental considerations are
integrated into the overall project planning
(2) that the assessment is technically sound and
propose environmental mitigation, measures are
effective, and
(3) that , social acceptability is based on informed
public participation;
Section 1. Basic Policy and Operating Principles
open, transparent, gender-sensitive,
and community based process aimed at ensuring the social
acceptability of a project or undertaking, involving the
broadest range of stakeholders, commencing at the earliest
possible stage, of project design and development and
continuing until post-assessment monitoring.
Public Participation
document similar to an EIS, but with reduced
details and depth of assessment and discussion.
Initial Environmental Examination (IEE) Report
process that involves evaluating and predicting the
likely impacts of a project (including cumulative impacts)
on the environment during construction, commissioning,
operation and abandonment.
It also includes designing appropriate preventive,
mitigating and enhancement measures addressing
these consequences to protect the environment and the
community’s welfare.
The process is undertaken by, among others, the
project proponent and/or EIA Consultant, EMB, a
Review Committee, affected communities and other
stakeholders
Environmental Impact Assessment (EIA)
document, prepared and submitted by the project proponent and/or
EIA Consultant that serves as an application for an ECC.
It is a comprehensive study of the significant impacts of a project on
the environment.
It includes an Environmental Management Plan/Program that the
proponent will fund and implement to protect the environment.
Environmental Impact Statement (EIS)
an industry whose project operation
stage involves chemical, mechanical or other processes.
Process Industry
the stage in the EIS System where information
and project impact assessment requirements are established
to provide the proponent and the stakeholders the scope of
work and terms of reference for the EIS.
Scoping
acceptability of a project by affected
communities based on timely and informed participation in the
EIA process particularly with regard to environmental impacts
that are of concern to them.
Social Acceptability
In general, only projects that pose potential significant impact to the
environment shall be required to secure ECCs. In coordination with the
Department of Trade and Industry (DTI) and other concerned
government agencies, the EMB is authorized to update or make
appropriate revisions to the technical guidelines for EIS System
implementation.
The issuance of ECC or CNC for a project under the EIS System does
not exempt the proponent from securing other government permits and
clearances as required by other laws.
two factors are considered in the scope of EIS:
(i) the nature of the project and its potential to cause significant
negative environmental impacts, and
(ii) the sensitivity or vulnerability of environmental resources in the
project area
SECTION 4. Scope of the EIS System
SPECIFIC CRITERIA for determining projects or undertakings to be
Covered by the EIS System are as follows:
CHARAC OF THE PROJECT UNDERTAKING
SIZE OF THE PROJECT
CUMULATIVE NATURE OF IMPACTS VIS A VIS: OTHER PROJECTS
USE of natural resources generation of waster and envi related nuisance
enci related hazards and risk of accidents
location of project
relative abundance quality and regenerative capacity of natural resources in the area including the impact absorptive capacity of the envi
nature of potential impact
geographic extent of the impact and size of affected population
magnitude and complexity of the impact
likelihood duration frequency and reversivility of the impact
generation of waster and envi related nuisance
enci related hazards and risk of accidents
CATEGORY A.
Projects that are not categorized as ECPs, but which may cause
negative environmental impacts because they are located in Environmentally
Critical Areas (ECAs)
CATEGORY B.
Projects intended to directly enhance environmental quality or
address existing environmental problems not falling under Category A or B.
CATEGORY C.
a. on-ferrous metal industries
b. Iron and steel mills
c. Petroleum and petro-chemical industries
including oil and gas
d. Smelting plants
Heavy Industries ENVIRONMENTALLY CRITICAL PROJECTS (ECP)
Infrastructure Projects
ENVIRONMENTALLY CRITICAL PROJECTS (ECP)
Projects unlikely to cause adverse environmental impacts.
CATEGORY D.
a. Major dams
b. Major power plants (fossil-fueled, nuclear fueled,
hydroelectric or geothermal)
c. Major reclamation projects
d. Major roads and bridges.
Infrastructure Projects
a. Major mining and quarrying projects
b. Fishery Projects
Dikes for fishpond development projects
c. Forestry projects
1. Logging
2. Major wood processing projects
3. Introduction of fauna (exotic animals) in
public/private forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing
Resource Extractive Industries
ENVIRONMENTALLY CRITICAL AREAS (ECA)
I. All areas declared by law as national parks, watershed
reserves, wildlife preserves and sanctuaries;
II. Areas set aside as aesthetic potential tourist spots;
III. Areas which constitute the habitat for any endangered or
threatened species of indigenous Philippine Wildlife (flora and
fauna);
IV. Areas of unique historic, archaeological, or scientific interests;
V. Areas which are traditionally occupied by cultural communities or
tribes
VI. Areas frequently visited and/or hard hit by natural calamities,
geologic hazards, floods, typhoons, volcanic activity, etc.
VII. Areas with critical slopes
VIII. Areas classified as prime agricultural lands
IX. Recharged areas of aquifers;
X. Water bodies characterized by one or any combination of the
following conditions:
a. tapped for domestic purposes
b. within the controlled and/or protected areas
declared by appropriate authorities
c. which support wildlife and fishery activities
ENVIRONMENTALLY CRITICAL AREAS (ECA)
XI. Mangrove areas characterized by one or any combination or the
following conditions:
a. with primary pristine and dense young growth;
b. near or adjacent to traditional productive fry or fishing grounds
c. adjoining mouth of major river systems;
d. which act as natural buffers against shore erosion, strong winds
and storm floods;
e. on which people are dependent for their livelihood.
I. Coral reef characterized by one or any combination of the following
conditions:
a. with 50% and above live coralline cover
b. Spawning and nursery grounds for fish
c. Which act as natural breakwater of coastlines.
ENVIRONMENTALLY CRITICAL AREAS (ECA)
Proponents of projects that fall under Category A
and B are
required to secure ECC.
Projects under Category C are required to submit
a
Project Description.
Projects classified under Category D may secure a
Certificate of Non-Coverage. The EMB-DENR,
however, may require such, projects or
undertakings to provide additional environmental
safeguards as it may deem necessary.
extraction of oil
A;: > 4,000 barrels >500 but <4000 barrels
director EMB central office
Engr.william cuniado
WHO PROCESSES AND DECIDES
ON THE ISSUANCE ON AN ECC?
DENR- EMB
treasure hunting
NCCA
what is NCCA
National Commission for Culture and the Arts
a National Reporting Organization (NRO) newly
formed last 22 November 2018
PMRC Committee
consists of three (3) Parent Organizations: PMRC Committee
Geological Society of the Philippines
Society of Metallurgical Engineers of the Philippines
Philippine Society of Mining Engineers
Have jurisdiction and supervision over all
corporations, partnerships or associations who
are the grantees of primary franchises and/or a
license or permit issued by the Government
Security and Exchange Commission
Associate Organizations are:
Philippine Stock Exchange
Chamber of Mines of the Philippines
Philippine Mining and Exploration Association
Philippine Chamber of Coal Mines
Philippine-Australia Business Council
PURPOSE
sets out minimum standards,
recommendations, and guidelines for
Public Reporting in the Philippines of:
Exploration Results
Mineral Resources
Mineral Reserves
formulated to set minimum standards
for Public Reporting that are
compatible with global standards;
modeled substantially after:
International Reporting Template
(2019)
Australasian Code for Reporting of
Exploration Results, Mineral
Resources and Ore Reserves
(JORC Code)
is a private non-profit and non-stock
organization created to provide and
maintain a fair, efficient, transparent and
orderly market for the purchase and sale
of securities such as stocks, shares, and
others.
Philippine Stock Exchange
of the Committee of Mineral
Reserves International Reporting
Standards (CRISCO)
International Reporting Template
(2019)
International Reporting Template
(2019)
Australasian Code for Reporting of
Exploration Results, Mineral
Resources and Ore Reserves
(JORC Code)
PRINCIPLES
Transparency
Materiality
Competence
SCOPE
The PMRC 2020 Edition applies
To all solid mineral raw materials
for which Public Reporting of
Exploration Results, Mineral
Resources, and Mineral Reserves
is required by any relevant
regulatory authority
16 Standard Definitions
(adopted from CRISCO 2019 Template)
Metalliferous minerals
* Mineralized fills, remnants, pillars, low grade
mineralization, stockpiles, dumps, and tailings
* Industrial minerals, cement feed materials,
and construction raw materials
* Dimension stone, ornamental, and decorative
stone
* Other mineral raw materials
Mineral
a minerals industry professional who is a
Member or Fellow of PSEM, GSP and/or
SMEP, duly accredited as an ACP by the
professional organization to which he/she
belongs
* must have a minimum of five years relevant
experience in the style of mineralization or
type of mineral deposit under consideration
and to the activity which that person is
undertaking
Accredited Competent Person
a statement or estimate of the exploration
potential of a mineral deposit in a defined
geological setting
must specifically discuss the geological
setting, the exploration strategy, and
exploration activity already completed and the
presence of or lack of the following attributes:
* mineralized outcrops and assays,
* surface geochemical sampling results,
* surface and subsurface geophysical survey
results, and
* drill holes, test pits, and underground
workings.
Exploration Target
reports prepared for the purpose of informing
investors or potential investors and their
advisers on Exploration Results, Mineral
Resources or Mineral Reserves.
* These include but are not limited to annual
and quarterly company reports, media
releases, information memoranda, technical
papers, website postings, public
presentations, and corporate disclosures
required to be submitted to both the SEC and
PSE
Public Reports
Public Reports dealing with Exploration Results,
Mineral Resources or Mineral Reserves must
only use the terms set out in Figure 1.
Modifying Factors
is that part of a Mineral Resource for which
quantity and grade (or quality) are estimated
on the basis of limited geological evidence
and sampling. Geological evidence is
sufficient to imply but not verify geological
and grade (or quality) continuity.
* It is based on exploration, sampling, and
testing information gathered through
appropriate techniques from locations such
as outcrops, trenches, pits, workings, and drill
holes.
Inferred Mineral Resource
Mineral Resources are subdivided, in order of
increasing geological confidence, into Inferred,
Indicated, and Measured categories.
Mineral Resource
is that part of a Mineral Resource for which
quantity, grade (or quality), densities, shape,
and physical characteristics are estimated
with confidence sufficient to allow the
application of Modifying Factors to support
detailed mine planning and final evaluation of
the economic viability of the mineral deposit.
Measured Mineral Resource
include data and information generated by
mineral exploration programs that might be of
use to investors, but which do not form part of a
declaration of Mineral Resources or Mineral
Reserves.
Exploration Results
Examples of Exploration Results include results of
outcrop sampling, assays of drill hole intercepts,
geochemical results, and geophysical survey results.
is that part of a Mineral Resource for which
quantity, grade (or quality), densities, shape,
and physical characteristics are estimated
with sufficient confidence to allow the
application of Modifying Factors in sufficient
detail to support mine planning and
evaluation of the economic viability of the
mineral deposit.
Geological evidence is derived from
adequately detailed and reliable exploration,
sampling, and testing information gathered
through appropriate techniques from
locations such as outcrops, trenches, pits,
workings, and drill holes, and is sufficient to
assume geological and grade (or quality)
continuity between points of observation.
Indicated Mineral Resource
a concentration or occurrence of solid material
of economic interest in or on the Earth’s crust
in such form, grade (or quality), and quantity
that there are reasonable prospects for
eventual economic extraction.
* The location, quantity, grade (or quality),
continuity, and other geological characteristics
of a Mineral Resource are known, estimated or
interpreted from specific geological evidence,
including sampling.
Mineral Resource
is the economically mineable part of a
Measured and/or Indicated Mineral Resource.
It includes diluting materials and allowances
for losses, which may occur when the
material is mined or extracted and is defined
by studies at Pre-Feasibility or Feasibility
level as appropriate that include application of
Modifying Factors. Such studies demonstrate
that, at the time of reporting, extraction could
reasonably be justified.
Mineral Reserve
is the economically mineable part of an
Indicated, and in some circumstances, a
Measured Mineral Resource.
* The confidence in the Modifying Factors
applying to a Probable Mineral Reserve is
lower than that applying to a Proved Mineral
Reserve.
is the economically mineable part of a
Measured Mineral Resource. A Proved
Mineral Reserve implies a high degree of
confidence in the Modifying Factors.
* A Proved Mineral Reserve represents the
highest confidence category of reserve
estimate.
Probable Mineral Reserve
Public Reports may include, but not be limited to,
information included in or supported by:
* Scoping Study
* Pre-Feasibility Study
* Feasibility Study
Public Reports may include, but not be limited to,
information included in or supported by:
* Scoping Study
* Pre-Feasibility Study
* Feasibility Study
is an order-of-magnitude technical and
economic study of the potential viability of
Mineral Resources which includes
appropriate assessments of realistically
assumed Modifying Factors together with any
other relevant operational factors that are
necessary to demonstrate at the time of
reporting that progress to a Pre-Feasibility
Study can be reasonably justified.
Scoping Study
a comprehensive study of a range of options for
the technical and economic viability of a mineral
project that has advanced to a stage where a
preferred mining method, underground or
surface, has been established and an effective
method of mineral processing has been
determined. It includes a financial analysis
based on reasonable assumptions on the
Modifying Factors.
A Pre-Feasibility Study has a lower
confidence level than a Feasibility Study.
Pre-Feasibility Study
a comprehensive technical and economic
study of the selected development option for
a mineral project that includes appropriately
detailed assessment of applicable Modifying
Factors together with detailed financial
analysis.
* The results of the study may reasonably
serve as the basis for a final decision by a
proponent or financial institution to proceed
with, or finance, the development of the
project.
Feasibility Study
Public Reports should discuss environmental,
social, and health and safety impacts that are
expected during development, operation, and
after closure and the mitigation and
remediation plans to address such impacts.
* These impacts will affect employees,
contractors, neighboring communities, and
customers.
Sustainability Considerations
The Board of Geology was created on
June 19, 1965,
Republic Act No. 4209
“Geology
Profession Law of the Philippines.”
The first Chairman was
The first Chairman was
The Geological Society of the Philippines was
organized on VJ Day,
September 2, 1945.
former head of the Department of Geology and
Geography of the University of the Philippines was
unanimously elected first President of the Society.
late Dr. Jose M. Feliciano,
TITLE, STATEMENT OF POLICY,
DEFINITION OF TERMS AND
SCOPE OF PRACTICE
ARTICLE I
Professional Regulatory Board of Geology
Resolution No. 03 Series of 2012:
Geology Profession Act of 2012
Implementing Rules and Regulations of RA 10166
Prev (Repealed):
Republic Act No. 4209
the examination, registration and licensure
of geology profession;
b. the supervision, control, and regulation of
the practice of geology
c. the development of the professional
competence of geologists through
continuing professional education
d. the integration of the geology profession
Objectives:
shall mean the professional organization
duly accredited by the Professional
Regulatory Board of Geologists and the
Professional Regulation Commission.
Accredited Professional
Organization (APO)
shall mean the inculcation, assimilation
and acquisition of knowledge, skills,
proficiency and ethical and moral values,
after the initial registration of a
professional that raise and enhance the
professional’s technical skills and
competence.
Continuing Professional
Education/Development (CPE/D)
General geological survey or mapping, whether
onshore or offshore;
b. Exploration for metallic and non-metallic mineral
resources outside active mining areas and/or
mine exploration to locate extensions or mineral
deposits inside mine operating areas;
c. Geological exploration for energy resources like
petroleum, gas and coal, nuclear minerals and/or
geothermal resources;
Scope of Practice
d. Study of geohazards;
e. Hydrogeological studies which include search for
underground water resources;
f. Investigation and study of the physical and geo-
mechanical characteristics of rocks and soils;
g. Gathering, processing and evaluation of geologic
data for environmental assessment
h. Data processing, petrology, mineragraphy and
laboratory studies
Preparation of geological reports;
j. Teaching of geological courses in any academe
program
k. Other geologic work or service which, in the
assessment and opinion of the Board
Scope of Practice
CREATION OF THE
PROFESSIONAL REGULATORY
BOARD OF GEOLOGY
ARTICLE II
members of the board
Supervise and regulate the practice of geology
profession
Prescribe the subjects in licensure exams
Issue temporary/special permits and
temporary professional identification cards to
foreign geologists to practice the profession
Determine and evaluate the qualifications of
applicants for registration with the board licensure
exam or exemption therefrom
Investigate in accordance with the rules on
administrative investigation promulgated by the
Commission, violations of RA 10166 and its IRR,
the Code of Ethics, administrative policies orders
and issuances promulgated by the Board
To hear and decide administrative cases filed
against geologists and firms employing the same
To prescribe guidelines and criteria on the CPE
program for geology in consultation with the
integrated and APO of geologists
members of the board
fernando s. penarroyo - chairperson
benjamin s. austria- member
elmer r. billedo- member
Be a citizen of the Philippines
- Be a holder of any of the degrees of Bachelors of Science in
Geology, Bachelor of Science in Mining Engineering, Bachelor
of Science, major in Geology, Master of Science (Geology), all
with at least ten years experience in geologic work after
graduation, or a holder of the degree of Doctor of Philosophy
(Geology) with at least five years experience in geologic work; - Be a registered geologist in the Philippines, except for the
members of the first Board who shall automatically be registered
under the provisions of this Act; and - Not be a member of the faculty of any school, college or
university, where degrees in geology, mining engineering or
geological engineering are granted, nor has pecuniary interest in
such institution at least two years before his appointment as
member of the Board.
Each member of the Board shall at the time of
his appointment:
Terms of Office
The chairman and every member of the
Board shall hold office for a term of three
(3) years or until their successors shall
have been duly appointed. They may be
reappointed for another term of three (3)
years immediately after the expiry of their
term but in no case shall the whole term
exceed six (6) years.
a) gross neglect, incompetence or dishonesty in the
discharge of their duty;
b) violation of any of the causes/grounds and the
prohibited acts provided in this Act and the offenses
in the Revised Penal Code, the Anti-Graft and
Corrupt Practices, and other laws; or
c) manipulation or rigging of the results of the geology
licensure examination, disclosure of secret and
confidential information on the examination
questions prior to the conduct thereof, or tampering
of grades.
Grounds for Suspension or Removal of
Board Chairman/Members
LICENSURE EXAMINATION AND
REGISTRATION
ARTICLE III
Except as otherwise specifically allowed
under this Act, applicants for registration
for the practice of geology shall be
required to pass a licensure examination
as provided for in this Act.
Passing of Licensure Examination and Registration
The Board, subject to approval by the Commission,
may revise or exclude any of the subjects and
their syllabi, and add new ones as the need arises
to conform to technological changes brought about by
continuing trends in the profession: Provided, That a
detailed syllabi of the above examinations covering
the whole aspects of the geology profession and
practice shall be prepared by the Board.
Scope of Examination
(a) He/She is a citizen of the Philippines or a foreign
citizen whose country has reciprocity agreement
with the Philippines
(b) A graduate of a school, institute, college or
university recognized by the government and has
been conferred the degree of Bachelor of Science
in Geology, Bachelor of Science in Geological
Engineering, Master of Science in Geology, or
their equivalent degrees.
(c) Has good moral character; and
(d) Has not been convicted by a court of competent
jurisdiction of an offense involving moral turpitude.
Qualifications for Examinations
To pass the licensure examination
for geology, a candidate must obtain
a general weighted average of no
less than seventy per centum (70%)
and a rating of no less than fifty per
centum (50%) in any examination
subject.
Rating in the Licensure Examination
A graduate of Doctor of Philosophy (Ph.D.)
in Geology or an equivalent degree in any
of the specialized branch of Geology from
a duly recognized university shall be
exempted from taking the licensure
examination upon evaluation of the Board.
He/She shall be required to register in the
same manner as those who will pass the
licensure examination.
Exemption from Licensure Examination
PRACTICE OF GEOLOGY
ARTICLE IV
No person shall practice geology or
render geological service without a
valid certificate of registration and a
valid professional identification card
or granted a temporary/special
permit.
Prohibition from Practicing Geology
No foreign geologist shall be
granted any of the rights and
privileges under this Act unless
the country of which he/she is a
subject or citizen grants the same
or similar rights or privileges to
Filipino geologists.
Foreign Reciprocity
A registered geologist shall be
required to indicate his/her
certificate of registration number,
the duration of validity, including
the professional tax and the APO
membership receipt number on
the documents he/she signs,
uses or issues in connection with
the practice of his/her profession.
Indication of Certificate of Registration
and Professional Tax Receipt
PENAL PROVISIONS
ARTICLE V
fake geologist
Board shall, upon conviction, be sentenced to
a fine of not less than Ten thousand pesos (PhP 10,000.00) but
not more than One million pesos (PhP 1,000,000.00) or
imprisonment of not less than one (1) month but not more than
five (5) years, or both, at the discretion of the court.
PRC resolution no. 2
guideline to implement section 26 of ra no. 10166 or the gology profession act of 2012 on the exemption from the geologist licensure examination
prc og geology resolution 3 designation of the chariman and appointment ogf the second member reconstituting for the purpose the continuing professional development council for geologists
- fernando s. penarroyo chairman
- rene juna r. claveria 1st member
- mario a. aurelio 2nd member
RELATION OF GEOLOGIST TO CO PROFESSIONAL
ARTICLE IV
RELATION OF GEOLOGIST TO EMPLOYER AND CLIENT
ARTICLE III
a geologist shall avoid placing himself/herself under any obligation to any person or organization who delas with his/here employer or client. he/she shall not accept any favor from such person or orgniation
section 10 of article iii
relation of geologist to the community
article ii
general principles
article i
what were the traits that a geologist should inggrained in practice
honesty, integrity, loyalty, fairness, impartiality, candor, and fidelity
prb of geology resolution 02- adoption and promulgation of the code of ethics for geologists
whereas, section 7 ra act no,.10166 otherwise known as the geology profession act of 2012 mandates the professional regulatory of board to inquire into the conditions affecting the practice of the profession and to adopt measures for the enhancement and maintenance of high professional ethical and technical standards
cpd council for geology shall reduce cpd credit units for the renewal of professional id card to the following
60 yers old and below 15 units
61-70 10 units
71 years old 5 units
gsp presidnet
carla dimalanta
chairperson of geocon
renato solidum jr
professional regulatory board of geology resolution no 02. series of 2019
operational guidelines for the geology profession during the transition period pursuant to commission resolution no.1146 s. 2019) entitle amending relevant provisions of resolutions no.1032 otherwise known as the implementing rules and regulationsof ra act no, 10912 known as the continuing professional development cpd act of 2016
prb of geology resolution 4 series of 2022 requiring the submission of the certificate of membership in good standing fro the accredited integrated professional organization aipo for the renewal of professional id cards of all registered and licensed geologist
section35. integration of the gology profession- the geology profession shall be integrated into one national professional organization of geologists that is duly registered with the securities and exchange commission sec. the board, subject to approval by the commission, shall accredited the said organization as the one and only integrated and APO of geologist. all geologists whose names appear in the registry book of geologists shall ipso facto or automatically become members thereof and shall receive all the benefits and privileges appurtenant thereto upon payment of apo membership fees and dues. membership in the intergrated apo shall not be a bar tomembership in other geology organizations.
whereas to reinforce the integration requierment of the law there is a need to require all registered and licensed geologists who are automatic members of the aipo to update their aipo mebership prior to the renewal of their pics
NOW THEREFORE THE PRB GEO RESOLVES AS IT IS HEREBY RESOLVED TO REQUIRE THE SUBMISSION OF A VALID AIPO CERTIFICATE OF MEMBERSHIP IN GOOD STANDING FOR THE RENEWAL OF THE PICS OF ALL REGISTERED AND LICENSED GEOLOGISTS
RESOLVED FURTHER, THAT THE PRC CAN VALIDATE THE REGISTRY OF gsp MEMBERS IN THE OFFICIAL WEBSITE WHICH SHOWS THE STATUS OF MEMBERSHIP ACTIVE INACTIVE DELISTED. THE PRC MAY ALOS REQUEST FOR MEMBERSHIP VERIFICATION THRU THE GSP CORPORATED SECRETARY AND MEMBERSHIP COMMITTEE CHAIRPERSON
The weather conditions prevailing in an
area in general or over a long period of
time.
CLIMATE
The short-term state of the atmosphere
at a particular time and place.
WEATHER
Refers to the layers of gases
surrounding a planet.
ATMOSPHERE
The process by which the
atmosphere is heated.
GREENHOUSE
EFFECT
COMPOSITIONS OF THE ATMOSPHERE
nitrogen 78.084%
oxygen 20.946%
argon 0.934%
co2 0.389% or 389 ppm
others neon helium mehtane krypton hydrogen
includes many gases and
particles that vary significantly
from time to time and from place to
place. Important examples include
water vapor, ozone, and tiny
solid and liquid particles.
Air
Gaseous phase of water
- is the source of all clouds
and precipitation - It has the ability to absorb heat given off
by Earth
Water vapor
It is a form of oxygen that combines three oxygen atoms
into ach molecule (O3).
OZONE
They may originate from many sources, both
natural and human made, and include sea salts
from breaking waves, fine soil blown
into the air, smoke and soot from fires, pollen
and microorganisms lifted by the wind, ash and
dust from volcanic eruptions, and more.
Collectively, these tiny solid and liquid particles
are
AEROSOLS
It is the policy of the State to afford full protection
and the advancement of the right of the people to
a healthful ecology in accord with the rhythm and
harmony of nature.
In this light, the State has adopted the Philippine
Agenda 21 framework which espouses
sustainable development, to fulfill human needs
while maintaining the quality of the natural
environment for current and future generations. Recognizing the vulnerability of the Philippine
archipelago and its local communities, particularly
the poor, women, and children, to potential
dangerous consequences of climate change such
as rising seas, changing landscapes, increasing
frequency and/or severity of droughts, fires, floods
and storms, climate-related illnesses and
diseases, damage to ecosystems, biodiversity loss
that affect the country’s environment, culture, and
economy, the State shall cooperate with the global
community in the resolution of climate change
issues, including disaster risk reduction.
Climate Change Act of 2009
SECTION 2. Declaration of Policy —
RA 9729 calls for the State to integrate the
concept of climate change in various phases of
policy formulation, development plans, poverty
reduction strategies, and other government
development tools and techniques.
e.g. the disaster and risk reduction measures
integrated to climate change programs and
initiatives
Mainstreaming of Climate Change
into Government Policy Formulation
Lead policy making body on
concerns related to climate
change.
* s tasked to coordinate,
formulate, and monitor, and
evaluate programs and actions
on climate change.
The CCC Creation of the Climate Change Commission
The CCC’s primary goal is to
formulate the
National
Framework Strategy on
Climate Change which shall
serve as basis in formulating and
developing programs on climate
change planning, research and
development (R&D), and
monitoring of activities.
National Framework
Strategy on Climate
Change
NFSCC was established
to serve as the roadmap
for national programs and
plans towards a more
climate risk-resilient
Philippines
National Climate Change Action Plan
In order to detail the proposed strategy under
the NFSCC, the NCCAP was developed.
* Streaming down to the LGU, NCCAP served
as the guide of the municipal and city
governments in drafting their corresponding
Local Climate Change Action Plans (LCCAP)
National Climate Change Action Plan
Under the NCCAP, priority programs and
activities for the government were developed.
* Seven priorities were identified: (1) food
security (2) water sufficiency (3) ecosystem
and environmental stability (4) human
security (5) climate-smart industries and
services (6) sustainable energy (7)
knowledge and capacity development.
Under the NCCAP, priority programs and
activities for the government were developed.
* Seven priorities were identified: (1) food
security (2) water sufficiency (3) ecosystem
and environmental stability (4) human
security (5) climate-smart industries and
services (6) sustainable energy (7)
knowledge and capacity development.
Fund allocation are prioritized based on
projects that has, but not limited to the
following: (a) level of risk and vulnerability to
climate change (b) participation from the
affected communities in the design of the
project (3) poverty reduction potential (4) cost
effectiveness and sustainability (5)
responsiveness to gender-differentiated
vulnerabilities (6) available of climate change
action plan
Establishment of People’s
Survival Fund (PSF)
(RA 8749)
PHILIPPINE CLEAN AIR ACT
OF 1999
3rd most polluted
ph with 45.3 air poluution related deaths for every 100,000 people
numberr1 country with 81.5 recorded deaths followed by mongolia 48.8
china
top 6 most polluted in southeast asia
myanmar
ietname
cambodia
laos
thailand
philippines
originates from large stationary sources
(industries, power plants, and cement plants);
small stationary sources (households and
small commercial boilers); and mobile sources
(traffic).
Sources of Air Pollution
ANTHROPOGENIC SOURCES
natural biological and geological phenomena
which generate air emissions are regarded as
non-anthropogenic or natural sources.
may be originated from vegetation, plants,
trees, soil, volcanoes, geothermal activities,
wind erosion and wildfire
NATURAL SOURCES
An Act Providing For A Comprehensive Air Pollution
Control Policy And For Other Purposes
Philippine Clean Air Act of 1999 Guarantee the people’s right to breath CLEAN AIR
“Implementing Rules and Regulations for RA 8749”
DENR Department Administrative Order No. 2000-81
- Oversees the Ambient Air
Quality Monitoring - Prepare Annual National Air
Quality Status Reports - Review and/or revise and
publish annually a list of
hazardous air pollutants with
corresponding ambient
guidelines values necessary
for public health and safety
Department of Environment and Natural Resources –
Environmental Management Bureau
refers to the atmosphere’s average purity in
broad area as distinguished from discharge
measurements taken at the source of pollution
or the present characteristic or nature of the
surrounding atmosphere
ambient air quality
It is any type of solid particles in the air in the form of
smoke, dust and vapors. produced by many sources,
including burning of diesel fuels by vehicles, fossil
fuels, mixing and application of fertilizers and
pesticides, road construction, industrial processes and
operation of woodstoves. Some microscopic particles
in the air can be breathed into the lungs causing
increased respiratory disease and lung damage.
Particulate Matter (PM) Particles are defined by their diameter for air quality
regulatory purposes.
includes particles less than
10 μm in diameter
PM10
includes particles less than
2.5 μm in diameter
PM2.5
Refers to the concentration of air over specified
periods classified as short-term and/or long-term
which are intended to serve as goals or
objectives for the protection of health and/or
public welfare. This values shall be used for air
quality management purposes such as
determining time trends, evaluating stages of
deterioration or enhancement of the air quality.
National Ambient Air Quality
Guideline Value (NAAQGV)
(NAAQGV)
National Ambient Air Quality
Guideline Value
PM10 24-hour averaging =
150 ug/Ncm
PM2.5 24-hour averaging
35 ug/Ncm
Collects real-time measurements of ambient levels
of air pollutants at more than 41 sites nationwide.
Air Quality Monitoring Overview
Determine the extent of pollution in the country, per
type of pollutant and type of source.
* Analysis and evaluation of the current state, trends
and projection of air pollution.
* Recommendations for necessary executive and
legislative action.
Air Quality Monitoring Overview
NESSSAP
national emission standards for source specific air pollutants
The DOTC shall implement the emission
standards for motor vehicles set pursuant
to and as provided in RA 8749
Department of Transport and Communication
Section 21. Pollution from Motor Vehicles
No motor vehicles shall be registered with
The DOTC unless it meets the emission
standards set by DENR-EMB
Section 46. Violation of Standards for Motor
Vehicles
means a certificate issued by the DENR-EMB to
a vehicle manufacturer/assembler or importer
certifying that a particular new vehicle or vehicle
type meets the requirements provided under RA
8749 and its rules and regulations
Certificate of Conformity
Mandated to participate in the formulation of
an Action Plan for control and management
of air pollution from motor vehicles, assist in
the formulation and implementation of the
National Motor Vehicle Inspection and
Maintenance Program
* Accredit emission testing centers
Department of Trade and Industry
Reducing tricycle emissions
* Anti-smoke belching
* Electric jeepneys
* Bike ways and cycling
* Bus Rapid Transit System (BRTS)
Reducing tricycle emissions
* Anti-smoke belching
* Electric jeepneys
* Bike ways and cycling
* Bus Rapid Transit System (BRTS)
