RA 7942 Flashcards
Enumerate the hierarchy of laws
Philippine Constitution
Statute/Executive Issuances by the President
Administrative Regulations
Ordinance by LGU
All lands of the public domains, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State.
1987 CONSTITUTION (Article XII, Sec. 2) / National Economy and Patrimony
What is Regalian Doctrine
if an investor wishes to acquire the right to extract or develop natural resources, he must enter into an agreement with the State
AN ACT CREATING A PEOPLE’S SMALL-SCALE MINING PROGRAM AND FOR OTHER PURPOSES
PEOPLE’S SMALL SCALE MINING ACT OF 1991(R.A. 7076)
REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 7076 OTHERWISE KNOWN AS “PEOPLES SMALL SCALE MINING ACT OF 1991
DAO NO. 2022 03
AN ACT INSTITUTING A NEW SYSTEM OF MINERAL RESOURCES EXPLORATION, DEVELOPMENT, UTILIZATION, AND CONSERVATION
PHILIPPINE MINING ACT OF 1995 (R.A. 7942)
PROVIDING FOR A CONSOLIDATED DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ADMINISTRATIVE ORDER FOR THE IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 7942, OTHERWISE KNOWN AS THE “PHILIPPINE MINING ACT OF 1995”
DAO NO. 2010 21
INSTITUTIONALIZING AND IMPLEMENTING REFORMS IN THE PHILIPPINE MINING SECTOR PROVIDING POLICIES AND GUIDELINES TO ENSURE ENVIRONMENTAL PROTECTION AND RESPONSIBLE MINING IN THE UTILIZATION OF MINERAL RESOURCES
AQUINO MINERAL POLICY E.O. NO. 79 SERIES OF 2012
FPIC
FREE PRIOR AND INFORMED CONSENT
NCIP
NATIONAL COMMISION OF INDIGENOUS PEOPLE
MPSA
MINERAL PRODUCTION SHARING AGREEMENT
EP
EXPLORATION PERMIT
FTAA
FINANCIAL OR TECHNICAL ASSISTANCE AGREEMENT
ICC
INDIGENOUS CULTURAL COMMUNITY
CADC
CERTIFICATE OF ANCESTRAL DOMAIN CLAIM
CADT
CERTIFICATE OF ANCESTRAL DOMAIN TITLE
NIPAS
NATIONAL INTERGRATED PROTECTED AREA SYSTEM
True or False. 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 are closed to mining applications
TRUE
True or False. Areas expressly prohibited by law are open to mining applications
FALSE
True or False. Military and other government reservations are open for mining applications.
TRUE if there is prior written clearance by the government agency concerned
Old growth or virgin forests, proclaimed watershed forest reserves, wilderness areas, 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 ________
RA NO. 7586; DAO NO. 25, series of 1992
TRUE OR FALSE. Tourism development areas, as identified in the National Tourism Development Plan (NTDP) are open to mining applications
FALSE
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
What are the additional laws of Executive Order No 79 series of 2012
Areas closed to mining applications are Tourism development areas, as identified in the National Tourism Development Plan or Other critical areas, island ecosystems, and impact areas of mining as
determined by current and existing mapping technologies,
Who grants the Exploration Permit?
The MGB Director
Who grants the Mineral Agreements permit?
Secretary of DENR
Who grants the Financial or Technical Assistance Agreements permit?
The president through the recommendation of secretary
Who grants the Mineral Processing Permits?
The DENR Secretary
Who grants the Industrial Sand and Gravel Permits (>5 to 20 hectares)?
MGB Director
Who grants OTP/MOEP for minerals?
MGB Director
Who grants OTP/MOEP for sand and gravel?
Provincial Governor
MOEP
Mineral Ore Export Permit
List of permits that can be issued by the provincial governor.
Small Scale Mining Contracts
Quarry Permits
Sand and Gravel Permits (5 hectares & below
Guano Permits
Gemstone Gathering Permits
OTPs/MOEPs
Maximum area allowed for exploration permit
32, 000 hec. onshore; 81, 000 hec offshore
Maximum term allowed for exploration permit
2 years; renewable to a maximum of 8 years
Maximum area allowed for MPSA
5,000 hectares onshore; 40,500 hectares offshore
Maximum term allowed for MPSA
25 years; renewable for like period
The maximum area allowed FTAA
81,000 hec. onshore; 324,000 hec offshore
The maximum term allowed for FTAA
25 years; renewable for like period
What is DAO No. 2021-12
Under DAO 2021-12, 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
Exploration results reveal the presence of mineral
deposits economical to mine
DECLARATION OF MINING PROJECT FEASIBILITY
An agreement wherein 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 the owner of the minerals therein.
MINERAL PRODUCTION SHARING AGREEMENT
What is FTAA
means a contract involving financial or technical assistance for large-scale exploration, development, and utilization of mineral resources.
Minimum authorized capital for FTAA.
4,000,000.00 USD
Commitment in the contract agreement to invest for FTAA.
50, 000, 000 USD
Permit for assay and pilot testing purposes
Certificate of Transport Clearance
Permit for all ores including gold bullions
Ore transport permit
The amount for penalize false statement
10,000
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
Section 101: False Statement
Amount for penalize illegal exploration
50,000
Any person undertaking exploration work without the necessary exploration permit shall, upon conviction
Section 102: Illegal exploration
Any person extracting minerals and disposing of the same without a mining agreement, lease, permit, license thereof from mines or mills or processing plants shall, upon conviction.
Section 103 Theft of Minerals
TRUE OR FALSE. A quarry, sand ang gravel permit is only limited to Filipinos or Filipino owned corporations
TRUE
A quarry permit covers how many hectares and renewable terms?
5 hectares or less
5 year term; renewable for like terms but not to exceed a total term of 25 years
Sand and gravel permit covers how many terms?
1 to 5 year terms renewable for like terms
Difference between commercial sand and gravel permit and industrial sand and gravel.
INDUSTRIAL
- use of mechanical process in removal of sand and gravel
-5 year term, renewable, but do not exceed 25 years
COMMERCIAL
- use natural state in removing loose and unconsolidated material
- 1 hectare or less
- 1 year renewable for like period
Permit for the extraction and utilization of sand and gravel or loose/ unconsolidated materials for construction of buildings and/or infrastructure for private or public use.
Gratuitous permit
Difference between government and private gratuitous permit.
GOVERNMENT
-issued by the government
-co-terminus with the project stage but not to exceed 1 year
-area of 2 hectares or less
-requires the submission of project proposal
PRIVATE
- any land owner
- 60 calendar days; non-renewable
- submission of proof of ownership of land and that the material shall be used for personal use
What is guano permit?
- organic deposit use for fertilizer
- 1 permit per cave
-term of 1 years - no use of explosive
What is gemstone gathering permit?
-manual extraction of gemstone
- 1-year term renewable for like period
Philippine Mining Act
RA 7076; DAO No. 2022-03
SSM is only limited of what type of minerals?
Gold, silver, and chromite
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.
Section 5. General Provision
All persons undertaking or intending to undertake small-scale mining shall register as small-scale miners with the Board.
Section 6. Registration of Small-Scale Miners
The board shall have the authority to declare and set aside Minahang Bayan in mineralize areas except areas closed to mining applications/
Section 7. Areas Open for Declaration of Minahang Bayan
Meridional block of SSM shall not exceed 81 hectares
Section 1 of the Executive order No. 79
Alluvial/placer deposits must have at least ____ equivalent grade to be considered as Minahang bayan for SSM (Section 8).
1 gram per ton gold
Epithermal, vein-type disseminated or porphyry deposit of at least ___ gold per ton grade (Section 8)
5 grams
The Board shall determine the reasonable size and shape of the small-scale mining contract area following the meridional block system established under RA No. 7942,
Section 11. Extent of Small Scale Mining Contract
The minimum and maximum area for SSM
1.25 hec. up to 20 hec.
How many parcel of land can be divided in one meridional block?
64
Underground SSM should at least have an opening with _____ height and _____ width and _____ maximum depth
1.5 meters, 1.3 meters, and 100 meters
For surface mining SSM bench height shall be limited to ____ meters and allowable berm for working is ____ meters.
1.5 meters and 2 meters
Small-scale mineral processing shall be undertaken only thru centralized custom mills located in mineral processing zones under a Mineral Processing License (MPL): Provided, That no mercury shall be used in mineral processing.
Section 14. General Provision
Violations of any of the provision of RA No. 7076 shall be penalized with imprisonment not less than 6 years.
Section 41. Penal Sanctions
All gold produced from the minahang bayan shall be sold to the BSP.
Section 39. Sale of Gold
The private land owner shall be notified of any plan or petition to declare his land a people’s small-scale mining area.
Section 26. Rights of the Private Landowner
Section 21. Composition of the Board
The Board shall be composed of the following:
a. Regional Director concerned or his/her duly authorized representative as Chairperson;
b. Provincial Governor or City Mayor or h is/her representative as Member;
c. One (1) small-scale mining representative as Member;
d. One (1) large-scale mining representative as Member; and
e. One ( 1 ) representative from an environmental non-government organization as Member.
Read section 20 and 15
YAAAY remember written on that
An application for MPL shall be filed by a qualified person either personally or through his/her/its duly· authorized representative with the Board: Provided, That a MPL application shall be accepted only upon payment of the required fees to the Regional Office concerned.
Section 16. Application for Mineral Processing License
Required payment for MPL
10,000 pesos
EPEP
Environmental Protection and Enhancement Program
SHP
Safety and Health Program
SDMP
Social Development management program
What is Co-production agreement
An agreement between the Government and the Contractor wherein the Government shall provide inputs to the mining operations other than the mineral resources
What is joint venture agreement
An agreement where a joint venture company is organized by the Government and the Contractor with both parties having equity shares. Aside from earnings in equity, the Government shall be entitled to a share in the gross output.
P/CRMB
Provincial/ City Regulatory Mining Board
Penalty for theft of minerals
10,000 - 20,000
