MINING LAWS AND ENVIRONMENTAL LAWS Flashcards
Republic Act No. 7942
The Philippine Mining Act of 1995
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.
Regalian Doctrine
It shall be the responsibility of the State to promote their rational _____, _____, _____, and _____ through the combined efforts of government and the private sector in order to enhance national growth in a way that effectively safeguards the environment and protect the rights of affected communities.
exploration, development, utilization, and conservation
Refers to all lands exclusively and actually possessed, occupied, or utilized by indigenous cultural communities by themselves or through their ancestors in accordance with their customs and traditions since time immemorial, and as may be defined and delineated by law.
Ancestral lands
An area bounded by one-half (1/2) minute of latitude and one-half (1/2) minute of longitude, containing approximately eighty-one hectares (81 has).
Block or meridional block
The Mines and Geosciences Bureau under the Department of Environment and Natural Resources.
Bureau
Land or body of water delineated for purposes of exploration, development, or utilization of the minerals found therein.
Contract area
The Department of Environment and Natural
Resources.
Department
Refers to the document issued by the government agency concerned certifying that the project under consideration will not bring about an unacceptable environmental impact and that the proponent has complied with the requirements of the environmental impact statement system.
Environmental compliance certificate (ECC)
Is the document which aims to identify, predict, interpret, and communicate information regarding changes in environmental quality associated with a proposed project and which examines the range of alternatives for the objectives of the proposal and their impact on the environment.
“Environmental impact statement (EIS)
the water, sea bottom and subsurface measured from the baseline of the Philippine archipelago up to two hundred nautical miles (200 n.m.) offshore.
Exclusive economic zone
Acts or circumstances beyond the reasonable control of contractors including, but not limited to, war, rebellion, insurrection, riots, civil disturbance, blockade, sabotage, embargo, strike, lockout, any dispute with surface owners and other labor disputes, epidemic, earthquake, storm, flood or other adverse weather conditions, explosion, fire, adverse action by the government or by any instrumentality or subdivision thereof, act of God or any public enemy and any cause that herein describe over which the affected party has no reasonable control
Force majeure
Any corporation, partnerships, association, or cooperative duly registered in accordance with law in which less than fifty per centum (50%) of the capital is owned by Filipino citizens.
“Foreign-owned corporation
the government of the Republic of the Philippines.
Government
A group or tribe or indigenous Filipinos who have continuously lived as communities on communally-bounded and defined land since time immemorial and have succeeded in preserving, maintaining, and sharing common bonds of languages, customs, traditions, and other distinctive cultural traits, and as may be defined and delineated by law.
Indigenous cultural community
Refers to all naturally occurring inorganic substance in solid, gas, liquid, or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials, and geothermal energy.
Minerals
refers to any land belonging to any private person which includes alienable and disposable land being claimed by a holder, claimant, or occupant who has already acquired a vested right thereto under the law, although the corresponding certificate or evidence of title or patent has not been actually issued.
Private land
refers to lands of the public domain which have been classified as agricultural lands and subject to management and disposition or concession under existing laws.
Public land
means the process of extracting, removing and disposing quarry resources found on or underneath the surface of private or public land.
Quarrying
In the beginning, all land are part of public domain and fall under this classification by default.
Forest land
Can be acquired thru congress
Agricultural Land
Can be acquired by acquiring mineral/mining permit
Mineral Land
Can be acquired thru congress by “law”
National Park
If the person has been living in the forest land for __ years and continuously, they can request a patent for them to own the forest land
30
Only Agricultural land is _____ and _____
alienable and disposable
Mining operations in existing mineral reservations and such other reservations as may thereafter be established, shall be undertaken by the Department or through a contractor: Provided, That a small scale-mining cooperative covered by Republic Act No. 7076 shall be given preferential right to apply for a small-scale mining agreement for a maximum aggregate area of _____ of such mineral reservation, subject to valid existing mining/quarrying rights as provided under Section 112 Chapter XX hereof.
twenty-five percent (25%)
All _____ lands within the contiguous zone and in the 9 exclusive economic zone of the Philippines are hereby declared to be mineral reservations
submerged
__ out of 10 mineral reservations were declared by the national government based on results of the then Bureau of Mines’s in-house exploration program.
6
Mineral Reservations
Surigao Laterite Mineral Reservation,
Zambales Chromite Mineral Reservation,
Siruma White Clay Mineral Reservation,
Offshore Mineral Reservation,
Samar Bauxite Mineral Reservation
Ilocos Norte Feldspar Mineral Reservation
Zamboanga Mineral Reservation in 1987,
Biak-Na-Bato Mineral Reservation in 1989,
The lahar-affected rivers and embankment areas in the provinces of Pampanga, Tarlac and Zambales in 1999 and the
Davao Mineral Reservation in 2002.
Any citizen of the Philippines w/ capacity to contract, or a corporation partnership, association, or cooperative organized or authorized for the purpose of engaging in mining, with technical and financial capacity to undertaken mineral resources development and duly registered in accordance with law at least 60% of the capital of w/c is owned by citizen of the Philippines; Provided, that a legally organized foreign-owned corp. shall be deemed a qualified person for purposes of granting an exploration permit, FTAA or MP permit
Qualified Person
grants the right to conduct exploration for all minerals in specified areas.
Exploration Permit
have the authority to grant an exploration permit to a qualified person
Bureau
Exploration permit term:
2 years
Non-metallic Exploration permit renewable for:
4 years
Metallic Exploration permit renewable for:
6 years
Covered Area for Exploration Permit: Onshore (One Province) Individual
20 Blocks
Covered Area for Exploration Permit: Onshore (One Province) Partnership, Corp, Coop, Assc
200 Blocks
Covered Area for Exploration Permit: Onshore (Entire Philippines) Individual
40 Blocks
Covered Area for Exploration Permit: Onshore (Entire Philippines) Partnership, Corp, Coop, Assc
400 Blocks
Covered Area for Exploration Permit: Offshore (Beyond 500nm from low tide) Individual
100 Blocks
Covered Area for Exploration Permit: Offshore (Beyond 500nm from low tide) Partnership, Corp, Coop, Assc
1,000 Blocks
In the Exploration Permit the Permittee shall annually relinquish at least _______ of the Permit Area during the first 2 years of exploration
20%
In the Exploration Permit the Permittee shall annually relinquish at least 20%of the Permit Area during the first 2 years of exploration and at least _____ of the remaining permit area annually during the renewed Exploration Period
10%
In the Exploration Permit If the Permit Area is less than __________ the permittee need not relinquish any part thereof
5000 Hectares
True or False: Exploration Permit may not be transferred or assigned to a qualified person
False: Exploration Permit may be transferred or assigned to a qualified person subject to the approval of the secretary upon the recommendation of the Director
True or False : Heirs or successors-in-interest has the right to enter, occupy and explore the area
True
After the exploration the permittee can apply for ________ and _______ under certain qualification
Mineral Agreement and FTAA
Areas that are Close to Mining
(a) In military and other government reservations, except upon prior written clearance by the government agency concerned;
(b) Near or under public or private buildings,
cemeteries, archeological and historic sites, bridges, highways, waterways, railroads, reservoirs, dams or other infrastructure projects, public or private works including plantations or valuable crops, except upon
written consent of the government agency or private entity concerned;
(c) In areas covered by valid and existing mining rights
(d) In areas expressly prohibited by law;
(e} In areas covered by small-scale miners as defined by law unless with prior consent of the small-scale miners, in which case a royalty payment upon the utilization of minerals shall be agreed upon by the parties, said royalty forming a trust fund for
the socioeconomic development of the community concerned;
(f) Old growth or virgin forests, proclaimed watershed forest reserves, wilderness area, mangrove forests, mossy forests, national parks, provincial/municipal forests, parks, greenbelts, game refuge and bird sanctuaries as defined by law and in areas
expressly prohibited under the National Integrated Protected Area System (NIPAS) under Republic Act No. 7586, Department
Administrative Order No. 25, series of 1992 and other laws.
is an agreement where the Government grants to the contractor the exclusive right to conduct mining operations within a contract area and shares in the gross output. The contractor shall provide the financing, technology, management and
personnel necessary for the implementation of this agreement.
Mineral Production Sharing Agreement
is an agreement between the Government and the contractor wherein the Government shall provide inputs to the mining operations other than the mineral resource.
Co-Production Agreement
is an agreement where a joint-venture company is organized by the Government and the contractor with both parties having equity 15 shares. Aside from earnings in equity, the Government shall be entitled to a share in the gross output.
Joint Venture Agreement
Terms of Mineral Agreement
25 years and can be renewed for another 25 years
Mineral Agreement:
Onshore (One Province) Individual
10 Blocks
Mineral Agreement:
Onshore (One Province) Partnership Corp, Coop, Assc
100 Blocks
Mineral Agreement:
Onshore (Entire Philipppines) Individual
20 Blocks
Mineral Agreement:
Onshore (Entire Philippines) Partnership Corp, Coop, Assc
200 Blocks
Mineral Agreement:
Offshore (Entire Philippines) Individual
50 Blocks
Mineral Agreement:
Offshore (Entire Philippines) Partnership Corp, Coop, Assc
500 Blocks
True or False:
The contractor may apply for cancellation of the mineral agreement due to cause which, in the opinion of the contractor; make continued mining operations no longer feasible or viable.
True: Provided that, the contractor has met
all its financial fiscal and legal obligations
Applicable for foreign-owned mining companies
Financial or Technical Assistance Agreement (FTAA)
Term of FTAA
25 yrs and renewable for 25 years
Minimum capital for FTAA
US$ 50 Million
True or False:
FTAA is applicable to cement raw materials, marble, granite, sand and gravel, and construction aggregates
False: Not applicable to cement raw materials, marble, granite, sand and gravel, and construction aggregates
FTAA : Onshore
1,000 Meridional Blocks
FTAA: Offshore
4,000 Meridional Blocks
FTAA: Combination of Onshore and Offshore
Must not exceed the maximum limits for
onshore and offshore
In withdrawal or termination of FTAA,
The contractor shall manifest in writing to the ___________ his intention to withdraw from the agreement, if in his judgement the mining project is no longer economically feasible.
Secretary
Guarantor for FTAA
Department to President
years of contract for quarry Permit
5 yrs renewable to a period not exceeding to total of 25 yrs
Covered area for Quarry Permit
Minimum of 5 Has
Guarantor for Quarry Permit
Provincial Governor
Covered Area for Commercial Sand and Gravel Permit
Not more than 5 Has
Guarantor for Commercial Sand and Gravel Permit
Provincial Governor
Years of Contract for Industrial Sand and Gravel Permit
5 yrs renewable to a period not
exceeding to total of 25 years
Covered Area for Industrial Sand and Gravel Permit
More than 5 has
Guarantor for Industrial Sand and Gravel Permit
Bureau
Guarantor for Exclusive Sand and Gravel Permit
Provincial Governor
Covered area for Government Gratuitous Permit
not more than 2 has
Guarantor for Government Gratuitous Permit
Provincial Governor
Guarantor for Private Gratuitous Permit
Provincial Governor
Guarantor for Guano Permit and Gemstone Gathering Permit
Provincial Governor
Mineral Processing Permit Terms
5 yrs, renewable for like periods, up to a maximum of 25 years
True or False:
Mineral Processing permit allows both local and 100% foreign-owned corporations
True
Mineral Processing Permit with cost of more than PhP 500 Million is issued by
Secretary/ DENR Secretary
Mineral Processing Permit with cost of more than PhP 200 Million but less than PhP 500 Million is issued by
MGB Director
Mineral Processing Permit with cost of PhP
200 Million or lesser is issued by
MGB Regional Director
Income Tax
35 % of taxable income
Excise Tax
4 % of actual value of minerals extracted
Royalties, if extracted from government Mineral Reservation
5% of market value
Lead agency for environmental impact statement
Environmental Management Bureau
Project proponent of environmentally critical projects and projects within environmentally critical areas must obtain an environmental compliance certificate prior to commencement
Environmental Impact Statement
States all mining projects considered environmentally critical
Environmental Impact Assessment
States the Program to address environmental impact and defines financial commitment to be included in the annual exploration budget.
Environmental Work Program
Provides specific annual plans, programs and activities to institute environmental protection measures and/or rehabilitate mining affected areas, during development and production stages and gives support in attaining the objectives of the Environmental Clearance Certificate granted.
Environmental Protection and Enhancement Program
Provides activities to achieve mine closure, decommissioning, rehabilitation, residual care
Final Mine Rehabilitation/Decommissioning Plan
Establishment of a Fund to be deposited during early years of the mine life.
Final Mine Rehabilitation/Decommissioning Plan
This Order shall cover the guidelines for the filing, processing and issuance of Mineral Ore Export Permit (MOEP) for the transport/shipment outside the Philippines of all mineral ore(s), including tailings; by permit holders and other mining rights holders, including small scale mining permits.
DENR Administrative Order No. 2008-20
Every transport/shipment outside the Philippines of mineral ore(s), including tailings by permit holders and other mining rights holders, including small scale mining permits, must be accompanied by the _____________
Mineral Ore Export Permit (MOEP)
Mineral Ore Export Permit is issued by the
Secretary
True or False:
In transporting/ shipping mineral ores outside the Philippines Mineral Ore Export Permit is all you need
False: It must be must be accompanied by the MOEP issued by the Secretary and the proof of payment of the required excise tax.
In moving or transporting ore minerals this permit is needed
Ore Transport Permit
Republic Act No. 7076
People’s Small Scale Mining act of 1991
Filipino citizens who, individually or in the company of other Filipino citizen, voluntarily from a cooperative duly licensed by the DENR to engage, under the terms and condition of a contract, in the extraction or removal of minerals or ore-bearing materials from the ground.
Qualified Miners
RA7076: A contractor must be an individual or cooperative of small-scale miners, registered with the _______________ or other
appropriate government w/ the State for the small scale utilization of a plot of mineral land w/in a people’s small-scale mining area.
Securities and Exchange Commission
A 2 years program of activities and
methodologies employed in the extraction and production of minerals or ore-bearing materials, including financial plan and other resources in support thereof.
Mining Plans
Years of Contract for Small Scale Mining
2 yrs renewable subject to the verification of the boards
Covered Area for small scale miners
no case shall the area exceed 20 has. per
contractor
Guarantor for Small Scale mining
Bureau
Republic Act No. 8371
Indigenous People’s Rights Act of 1997 (IPRA)
Republic Act No. 8749
Philippine Clean Air Act of 1999
Republic Act (R.A.) No. 9275
Philippine Clean Water Act of 2004
Republic Act (RA) 9003
Ecological Solid Waste Management Act of 2000
Republic Act No. 6969
Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990
Republic Act No. 3931
Pollution Control Law
Republic Act 7586
National Integrated Protected Areas System (NIPAS) Act of 1992
Republic Act No. 4209
Geology Profession Law of the Philippines
Republic Act No. 10166
Geology Profession Act of 2012
Executive Order No. 79
“No Go Zone”
Republic Act No. 9513
Renewable Energy Act of 2008
Presidential Decree No. 972
The Coal Development Act of 1976
Presidential Decree No. 87
The Oil Exploration And Development Act Of 1972
