mine laws Flashcards by Unknown Unknown

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)

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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.

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an act creating peoples small scale mining program and for the other purposes

peoples small scale mining act of 1991
RA act 7076

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revise dinplementing rules and regulations of republic act no. 7076 otherwise known peoples small scale mining act

DAO NO. 2022-03

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an act institution a new system of mineral resources exploration development utilization and conservation

people mining act of 1995 (RA 7942)

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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

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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

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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

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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

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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.

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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

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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

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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

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*Stages of mining operations

EXPLORATION

development

production

Progressive rehabilitation
Final mine decommissioning

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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

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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

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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

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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

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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

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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

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period of 2 years renewable three times or a total of 8 years

*EXPLORATION PERMIT

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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,

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*WHO GRANTS EXPLORATION PERMITS?

MGB DIRECTOR

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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

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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

1. PD No. 581 Prescribing heavier penalty for highgrading from a mining claim (Nov. 13, 1974) 2. 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) 3. PD No. 1899 Establishing Small-Scale Mining as a New Dimension in Mineral Dev’t. (Jan. 20, 1984) 4. 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 1. alluvail/placer deposits 2. epithermal, vein-type, disseminated or porphyry deposits

1. 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

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

1. 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

1. Protected Waters – Waters designated as national or local marine parks, reserves, sanctuaries, and other areas established by law 2. Fishery Water Class I – Suitable for shellfish harvesting for direct human consumption

Class SA

1. 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

1. Fishery Water Class III – For the propagation and growth of fish and other aquatic resources and intended for commercial and sustenance fishing 2. Recreational Water Class II – For boating, fishing, and similar activities 3. Marshy and/or mangrove areas declared as fish and wildlife sanctuaries

Class SC

1. Discharging or depositing any water pollutant to the water body, or such which will impede natural flow in the water body 2. Discharging, injecting or allowing to enter into the soil, anything that would pollute groundwater 3. Operating facilities that discharge regulated water pollutants without the valid required permits 4. Disposal of potentially infectious medical waste into sea by vessels 5. Unauthorized transport or dumping into waters of sewage sludge or solid waste. 6. Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Toxic Chemicals, Hazardous and Nuclear Wastes Control Act (Republic Act No. 6969) 7. Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act

SEC. 27 PROHIBITED ACTS:

8. Refusal or failure to submit reports and/or designate pollution control officers whenever required by the DENR in accordance with this Act 8. Noncompliance of the LGU with the Water Quality Framework and Management Area Action Plan 9. Refusal to allow entry, inspection and monitoring as well as access to reports and records by the DENR in accordance with this Act 12. 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 13. 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. 14. 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.

* 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

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.

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

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.

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)

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

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 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 2. 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; 3. 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 4. 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

1. fernando s. penarroyo chairman 2. rene juna r. claveria 1st member 3. 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 1. is the source of all clouds and precipitation 2. 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. 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

1. Oversees the Ambient Air Quality Monitoring 2. Prepare Annual National Air Quality Status Reports 3. 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)