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GEOL 413 > RA 7942 > Flashcards

RA 7942 Flashcards

1
Q

Short title for RA 7942

A

Philippine Mining Act of 1995

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2
Q

Who owns all mineral resources in the Philippines?

A

The State

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3
Q

Regulating body of RA 7942

A. MGB
B. EMB
C. BMB
D. Office of the President

A

A. MGB

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4
Q

These areas are closed to mining applications, except:

A. Military or govt reservations
B. All areas stipulated in NIPAS act, DAO 25 s 1992 and other laws
C. Areas subject of Certificates of Ancestral Domains/Ancestral Land Claims (CADC/CALC) with ICC’s consent
D. Areas covered by valid existing mining rights

A

C. Areas subject of Certificates of Ancestral Domains/Ancestral Land Claims (CADC/CALC) with ICC’s consent

in no case shall MPSAs, FTAAs, or mining permits be granted in these areas UNLESS with FPIC of the indigenous community.

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5
Q

Should an ICC consent to a mining project, they shall receive at least how much in royalty from the total gross revenue of that company?

A. 1%
B. 1.5%
C. 2%
D. 2.5%

A

A. 1%

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6
Q

Who issues permits for small-scale mining contracts, quarry, sand and gravel, and gemstone collection permits?

A. MGB
B. EMB
C. Local government
D. OVP

A

C. Local government

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7
Q

Who issues major mining tenement permits such as exploration, mineral processing, and industrial sand and gravel permits, as well as MPSAs and FTAAs?

A. MGB
B. EMB
C. LGU
D. OVP

A

A. MGB

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8
Q

MPSAs and FTAAs are valid for how many years?

A. 20
B. 25
C. 30
D. 35

A

B. 25

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9
Q

Exploration permits are valid for how many years?

A. 1
B. 2
C. 5
D. 10

A

B. 2

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10
Q

True or False: 100% foreign corporations CANNOT apply for an FTAA since only Filipinos are considered qualified.

A

False. Foreign corporations may apply for an FTAA with a maximum area of 81,000 ha onshore and 324,000 ha offshore.

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11
Q

Stages of mining operations: searching or prospecting mineral resources by geological, geochemical, and/or geophysical survey

A

Exploration

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12
Q

Exploration permits under MPSAs and FTAAs are automatically renewed without the need of filing applications for renewal; holders of tenements are required to submit certain requirements within 60 days from expiration of the exploration period of the tenement or exploration permit as the case may be. Failure to submit shall be grounds for cancellation.

This is stipulated on which DENR-DAO?

A. DAO 2021-12
B. DAO 2005-10
C. DAO 2003-30
D. DAO Ming Si

A

A. DAO 2021-12

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13
Q

Requirements for exploration permits

A
  • Location map 1:50000 scale
  • Articles of Inc./ by laws
  • Area status and clearances
  • Publication/ posting/ radio announcement
  • Project presentation/ consultation with all sangguniang bayan members
  • Proof of financial capacity
  • Proof of technical capability
  • NCIP FPIC process
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14
Q

This is basically a contract between govt and contractor

A

Mineral Agreement

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15
Q

A type of mineral agreement which grants a contractor exclusive right to conduct mining operations within but not title over the contract area and shares in the production as owner of the mineral therein; contractor shall provide the necessary financing, technology, management, and personnel

A

Mineral Production Sharing Agreement

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16
Q

A type of mineral agreement between the Government and the contractor wherein the Government shall provide inputs to the mining operations other than the mineral resource.

A

Co-production agreement

17
Q

A type of mineral 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.

A

Joint venture agreement

18
Q

This is a contract involving financial or technical assistance for large-scale exploration and development. A minimum authorized capital of 4M USD is required during application and a commitment in the contract agreement to invest USD 50M USD. This contract can be assigned or transferred with a 25-year period validity (renewable).

A

Financial and Technical Assistance Agreement

19
Q

True or False: there is an FTAA for cement raw materials, sand, gravel and construction aggregates.

A

False

20
Q

Validity of a mineral processing permit:

A. 5-year term, renewable for like periods but not exceed 25 years
B. 10-year term, renewable for like periods but not exceed 30 years
C. 15-year term, renewable for like periods but not exceed 45 years

A

A. 5-year term, renewable for like periods but not exceed 25 years

21
Q

True or false: alien employment is allowed once a mineral processing permit is secured.

A

True. Alien employment is allowed but limited to specialized positions with term of 5 years

22
Q

True or False: Transporting ores without an Ore Transfer Permit is a prima facie evidence for illegal mining.

A

True

23
Q

Transporting samples for assay and pilot testing purposes, what permit is secured?

A

Certificate of Transport Clearance

24
Q

Enumerate the 4 stages of mining (in order)

A
  1. Exploration
  2. Development
  3. Production
  4. Final Mine Decommissioning

Note: progressive rehabilitation between stages.

25
Q

Cite common acts of illegal mining

A

mine op with no-go zone/SSM outside minahang bayan
- Mining via hydraulicking or compressor mining
- Blacksand mining (dredging)
- Penal provisions (Section 101, 102, 103)

26
Q

Pila ka years valid ang quarry permit oy???

A

5 year term renewable for like terms but not exceed a total term of 25 years

27
Q

Who grants the permit for commercial sand and gravel? Pila ka hectares ang pwede ma extract and remove?

A

Provincial governor; <5 ha

28
Q

Who grants the permit for industrial sand and gravel? Pila ka hectares ang pwede ma extract and remove?

A

MGB; <5 ha

29
Q

Who grants the permit for exclusive sand and gravel? For what purpose ni na permit?

A

Provincial governor; quarry and utilize sand and gravel or other loose or unconsolidated materials from public lands for his own use, provided that there will be no commercial disposition thereof.

30
Q

Who grants the government gratuitous permit? Pila ka hectares ang pwede magamit and for what purpose ni na permit?

A

Provincial governor; extract sand and gravel, quarry or loose unconsolidated materials needed in the construction of building and/or infrastructure for public use or other purposes over an area of <2 ha

31
Q

Who grants the private
gratuitous permit? Pila ka hectares

A

Provincial governor; <2 ha

32
Q

Who grants the private
gratuitous permit? Pila ka hectares

A

Provincial governor; <2 ha

33
Q

Who grants the guano permit?

A

Provincial governor; lahi lahi na cave, lahi lahi na guano permit

34
Q

Who grants the gemstone gathering permit?

A

Provincial governor

GEOL 413 (14 decks)

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