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Mining Laws > RA 7942 > Flashcards

RA 7942 Flashcards

1
Q

Name of RA 7942

A

Philippine Mining Act of 1995

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2
Q

State RA 7942

A

An act instituting a new system of mineral resources exploration, development, utilization and conservation

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3
Q

Scope of mineral resources owned by the state

A

all mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines

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4
Q

under declaration of policy, what is the State responsible for?

A

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

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5
Q

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

A

ancestral lands

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6
Q

means an area bounded by one-half (1/2) minute of latitude and one-half (1/2) minute of longitude,

A

block/meridional block

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7
Q

area of a block

A

81 hectares

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8
Q

what do we mean when we say Bureau?

A

Mines and Geosciences Bureau under the Department of Environment and Natural Resources.

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9
Q

refers to the capacity of natural and human environments to accommodate and absorb change without experiencing conditions of instability and attendant degradation.

A

carrying capacity

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10
Q

define contiguous zone

A

refers to:
>water, sea bottom and substratum
>measured twenty-four nautical miles (24 n.m.) seaward
>from the base line of the Philippine archipelago.

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11
Q

means land or body of water delineated for purposes of exploration, development, or utilization of the minerals found therein.

A

Contract area

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12
Q

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.

A

Contractor

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13
Q

full CA

A

Co-production Agreement

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14
Q

what do we mean when we say Department?

A

Department of Environment and Natural Resources

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15
Q

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.

A

development

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16
Q

what do we mean when we say “Director”?

A

the Director of the MGB

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17
Q

refers to geographic-based instruments for planners and decision-makers which presents an evaluation of the environmental quality and carrying capacity of an area.

A

ecological profile

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18
Q

full ECC

A

Environmental Compliance Certificate

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19
Q

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.

A

Environmental Compliance Certificate

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20
Q

full EIS

A

Environmental Impact Statement

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21
Q

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.

A

Environmental Impact Statement

22
Q

what is the scope of the Philippines’ exclusive economic zone?

A

> water, sea bottom and subsurface
measured from baseline of the Philippine archipelago
up to 200 nautical miles offshore

23
Q

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.

A

existing mining/quarrying right

24
Q

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.

A

exploration

25
Q

full FTAA

A

Financial or Technical Assistance Agreement

26
Q

means a contract involving financial or technical assistance for large-scale exploration, development, and utilization of mineral resources.

A

FTAA

27
Q

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.

A

force majeure

28
Q

what do we mean when we say “foreign-owned corporation”?

A

> 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

29
Q

means the actual market value of minerals or mineral products from its mining area as defined in the National Internal Revenue Code.

A

gross output

30
Q

full ICC

A

Indigenous Cultural Community

31
Q

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.

A

ICC

32
Q

full JVA

A

Joint Venture Agreement

33
Q

means the milling, beneficiation or upgrading of ores or minerals and rocks or by similar means to convert the same into marketable products.

A

mineral processing

34
Q

shall mean soil and rock materials from surface or underground mining and milling operations with no economic value to the generator of the same.

A

mine waste and tailings

35
Q

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.

A

minerals

36
Q

full MA

A

mineral agreement

37
Q

means a contract between the government and a contractor, involving mineral production-sharing agreement, co-production agreement, or joint-venture agreement.

A

mineral agreement

38
Q

means any area where mineral resources are found.

A

mineral land

39
Q

means any concentration of minerals/rocks with potential economic value.

A

mineral resources

40
Q

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.

A

mining area

41
Q

means mining activities involving exploration, feasibility, development, utilization, and processing.

A

mining operation

42
Q

includes nonstock, nonprofit organizations involved in activities dealing with resource and environmental conservation, management and protection.

A

NGO

43
Q

full NGO

A

Nongovernmental organization

44
Q

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.

A

net assets

45
Q

when can the President establish mineral reserves?

A

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

46
Q

who does the president have to go through before establishing mineral reserves?

A

upon the recommendation of the MGB Director though the DENR Secretary

47
Q

what do we mean by “offshore”?

A

> 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.

48
Q

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?

A

10%

49
Q

means the landward side from the mean tide elevation, including submerged lands in lakes, rivers and creeks.

A

onshore

50
Q

means a naturally occurring substance or material from which a mineral or element can be mined and/or processed for profit.

A

ore

51
Q

means the holder of an exploration permit.

A

permitee

Mining Laws (4 decks)

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