RA 7942 Flashcards
Name of RA 7942
Philippine Mining Act of 1995
State RA 7942
An act instituting a new system of mineral resources exploration, development, utilization and conservation
Scope of mineral resources owned by the state
all mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines
under declaration of policy, what is the State responsible for?
to promote mineral resources exploration, development, utilization and conservation in order to enhance economic growth that safeguards the environment and protects the rights of affected communities
refers to all lands exclusively and actually possessed, occupied, or utilized by indigenous cultural communities by themselves or through their ancestors in accordance with their customs and traditions since time immemorial, and as may be defined and delineated by law
ancestral lands
means an area bounded by one-half (1/2) minute of latitude and one-half (1/2) minute of longitude,
block/meridional block
area of a block
81 hectares
what do we mean when we say Bureau?
Mines and Geosciences Bureau under the Department of Environment and Natural Resources.
refers to the capacity of natural and human environments to accommodate and absorb change without experiencing conditions of instability and attendant degradation.
carrying capacity
define contiguous zone
refers to:
>water, sea bottom and substratum
>measured twenty-four nautical miles (24 n.m.) seaward
>from the base line of the Philippine archipelago.
means land or body of water delineated for purposes of exploration, development, or utilization of the minerals found therein.
Contract area
means a qualified person acting alone or in consortium who is a party to a mineral agreement or to a financial or technical assistance agreement.
Contractor
full CA
Co-production Agreement
what do we mean when we say Department?
Department of Environment and Natural Resources
means the work undertaken to explore and prepare an ore body or a mineral deposit for mining, including the construction of necessary infrastructure and related facilities.
development
what do we mean when we say “Director”?
the Director of the MGB
refers to geographic-based instruments for planners and decision-makers which presents an evaluation of the environmental quality and carrying capacity of an area.
ecological profile
full ECC
Environmental Compliance Certificate
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
full EIS
Environmental Impact Statement
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
what is the scope of the Philippines’ exclusive economic zone?
> water, sea bottom and subsurface
measured from baseline of the Philippine archipelago
up to 200 nautical miles offshore
means a valid and subsisting mining claim or permit or quarry permit or any mining lease contract or agreement covering a mineralized area granted/issued under pertinent mining laws.
existing mining/quarrying right
means the searching or prospecting for mineral resources by geological, geochemical or geophysical surveys, remote sensing, test pitting, trenching, drilling, shaft sinking, tunneling or any other means for the purpose of determining the existence, extent, quantity and quality thereof and the feasibility of mining them for profit.
exploration
full FTAA
Financial or Technical Assistance Agreement
means a contract involving financial or technical assistance for large-scale exploration, development, and utilization of mineral resources.
FTAA
means acts or circumstances beyond the reasonable control of contractor including, but not limited to, war, rebellion, insurrection, riots, civil disturbance, blockade, sabotage, embargo, strike, lockout, any dispute with surface owners and other labor disputes, epidemic, earthquake, storm, flood or other adverse weather conditions, explosion, fire, adverse action by government or by any instrumentality or subdivision thereof, act of God or any public enemy and any cause that herein describe over which the affected party has no reasonable control.
force majeure
what do we mean when we say “foreign-owned corporation”?
> any corporation, partnership, association or cooperative
duly registered in accordance with the law
in which less than 50% of the capital is owned by Filipino citizens
means the actual market value of minerals or mineral products from its mining area as defined in the National Internal Revenue Code.
gross output
full ICC
Indigenous Cultural Community
means 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.
ICC
full JVA
Joint Venture Agreement
means the milling, beneficiation or upgrading of ores or minerals and rocks or by similar means to convert the same into marketable products.
mineral processing
shall mean soil and rock materials from surface or underground mining and milling operations with no economic value to the generator of the same.
mine waste and tailings
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
full MA
mineral agreement
means a contract between the government and a contractor, involving mineral production-sharing agreement, co-production agreement, or joint-venture agreement.
mineral agreement
means any area where mineral resources are found.
mineral land
means any concentration of minerals/rocks with potential economic value.
mineral resources
means a portion of the contract area identified by the contractor for purposes of development, mining, utilization, and sites for support facilities or in the immediate vicinity of the mining operations.
mining area
means mining activities involving exploration, feasibility, development, utilization, and processing.
mining operation
includes nonstock, nonprofit organizations involved in activities dealing with resource and environmental conservation, management and protection.
NGO
full NGO
Nongovernmental organization
refers to the property, plant and equipment as reflected in the audited financial statement of the contractor net of depreciation, as computed for tax purposes, excluding appraisal increase and construction in progress.
net assets
when can the President establish mineral reserves?
When the national interest so requires:
>when there is a need to preserve strategic raw materials for industries critical to national development
>when there is a need to preserve certain minerals for scientific, cultural or ecological value
who does the president have to go through before establishing mineral reserves?
upon the recommendation of the MGB Director though the DENR Secretary
what do we mean by “offshore”?
> means the water, sea bottom, and subsurface
from the shore or coastline
reckoned from the mean low tide level up to the two hundred nautical miles exclusive economic zone
including the archipelagic sea and contiguous zone.
how much of the royalties and revenues received by the government from the development and utilization of mineral resources should be given to MGB for special projects and other administrative expenses related to the exploration and development of other mineral reservations?
10%
means the landward side from the mean tide elevation, including submerged lands in lakes, rivers and creeks.
onshore
means a naturally occurring substance or material from which a mineral or element can be mined and/or processed for profit.
ore
means the holder of an exploration permit.
permitee
