RA 7942 Flashcards
This Act shall be known as the “Philippine Mining Act of 1995.”
RA 7942
Block or meridional block means an area bounded by ____, containing approximately ____
one-half (1/2) minute of latitude and one-half (1/2) minute of longitude;
eighty-one hectares (81 has.).
Contiguous zone refers to water, sea bottom and substratum measured ____ seaward from the base line of the Philippine archipelago.
twenty-four nautical miles (24 n.m.)
___ 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 or eco-profile
____ 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)
Exclusive economic zone means the water, sea bottom and subsurface measured from the baseline of the Philippine archipelago up to ___ offshore.
two hundred nautical miles (200 n.m.)
____ means the searching or prospecting for mineral resources for the purpose of determining the existence, extent, quantity and quality thereof and the feasibility of mining them for profit.
Exploration
___ means acts or circumstances beyond the reasonable control of contractor
Force majeure
____ means a contract between the government and a contractor
Mineral agreement
___ refers to all naturally occurring inorganic substance in solid, gas, liquid, or any intermediate state excluding energy materials
Minerals
___ 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 (200 n.m.) exclusive economic zone including the archipelagic sea and contiguous zone.
Offshore
___ 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
Section 4
Ownership of Mineral Resources
Mineral resources are owned by the ___
State
All submerged lands within the contiguous zone and in the exclusive economic zone of the Philippines are hereby declared to be
mineral reservations
Shall ancestral land be opened for mining-operations without prior consent of the indigenous cultural community concerned?
No (Section 16,
Opening of Ancestral Lands for Mining Operations)
In the event of an agreement with an indigenous cultural community for mining operations the ____ , upon utilization of the minerals shall be agreed upon by the parties.
royalty payment
The said royalty shall form part of a trust fund for the socioeconomic well-being of the indigenous cultural community.
Section 18
Areas Open to Mining Operations
____ shall be open to mineral agreements or financial or technical assistance agreement applications
All mineral resources, including including timber or forestlands as defined in existing laws
Section 19
Areas Closed to Mining Applications
Mineral agreement or financial or technical assistance agreement applications shall not be allowed in:
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 expressedly 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; and
f. 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 National Integrated Protected Areas System (NIPAS) under Republic Act No. 7586, Department Administrative Order No. 25, series of 1992 and other laws.
Section 21
Terms and Conditions of the Exploration Permit
An exploration permit shall be for a period ___, subject to annual review and relinquishment or renewal upon the recommendation of the Director.
of two (2) years
Section 22
Maximum Areas for Exploration Permit
a. Onshore, in any one province
- for individuals: ___
- for corporations: __
20blocks ;
200 blocks
Section 22
Maximum Areas for Exploration Permit
Onshore, in the entire Philippines
- for individuals: ___
- for corporations: __
40 bocks;
400 blocks
Section 22
Maximum Areas for Exploration Permit
Offshore, beyond five hundred meters (500m) from the mean low tide level:
- for individuals: ___
- for corporations: __
100 blocks:
1,000 bocks
Section 23
Rights and Obligations of the Permittee
aside from he permittee, an exploration permit shall grant his ____ the right to enter, occupy and explore the area
his heirs or successors-in-interest
____ 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.
Mineral production sharing agreement (MPSA)
Section 26
Modes of Mineral 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 (CA)
Section 26
Modes of Mineral Agreement
____ is 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.
Joint venture agreement (JVA)
Section 26
Modes of Mineral Agreement
Section 28
Maximum Areas for Mineral Agreement
a. Onshore, in any one province
- for individuals: ___
- for corporations: __
10 blocks;
100 blocks
Section 28
Maximum Areas for Mineral Agreement
b. Onshore, in entire Philippines:
- for individuals: ___
- for corporations: __
20 blocks;
200 blocks
Section 28
Maximum Areas for Mineral Agreement
c. Offshore, in the entire Philippines:
- for individuals: ___
- for corporations: __
50 blocks;
500 blocks
Section 32
Terms
Mineral agreements shall have a term not exceeding ___ to start from the date of execution thereof, and renewable for another term not exceeding ____ under the same terms and conditions
twenty-five (25) years;
twenty-five (25) years
Section 34
Maximum Contract Area for FTAA
a. onshore:
b. offshore:
a. 1,000 meridional blocks
b. 4,000 meridional blocks
Can a contractor convert the FTAA into mineral agreement?
Section 39
Option to Convert into a Mineral Agreement
Yes, The contractor has the option to convert the financial or technical assistance agreement to a mineral agreement at any time during the term of the agreement, if the economic viability of the contract area is found to be inadequate to justify large-scale mining operations
Section 39
Option to Convert into a Mineral Agreement
In the case of a foreign contractor, it shall reduce its equity to ____ in the corporation, partnership, association, or cooperative.
forty percent (40%)
The contractor shall manifest in writing to the Secretary his intention to withdraw from the agreement, if ____
in his judgment the mining project is no longer economically feasible
(Section 41
Withdrawal from Financial or Technical Assistance Agreement)
Section 43
Quarry Permit
The____ shall grant the permit after the applicant has complied with all the requirements as prescribed by the rules and regulations.
provincial governor
Section 43
Quarry Permit
The maximum area which a qualified person may hold at any one time shall be ____
five hectares (5 has.)
A quarry permit shall have a term of ___ years, renewable for like periods but not to exceed a total term of ___ years.
five (5) yrs; twenty-five (25) yrs
Section 46
Commercial Sand and Gravel Permit
max area for commercial sand and gravel permit
not more than 5 hectares (5 has)
Section 47
Industrial Sand and Gravel Permit
max area for industrial sand and gravel permit
not more than 5 hectare (5 has)
Section 49
Government Gratuitous Permit
the government may be granted a gratuitous permit to extract sand and gravel, quarry or loose unconsolidated materials needed for public use or other purposes over an area of ___
not more than two hectares (2 has.)
Section 102
Illegal Exploration
Any person undertaking exploration work without the necessary exploration permit shall, upon conviction, be penalized by a fine of not exceeding ____
Fifty thousand pesos (P50,000.00)
Any concentration of minerals/rocks with potential economic value
Mineral Resource
Lands containing deposits of valuable useful or precious minerals in such quantities as to justify expenditures in the effort to extract them, and which are more valuable for the minerals they contain than for agricultural or other used
Mineral land
Sec. 103
Any person extracting minerals and disposing the same without a mining agreement, lease, permit, license, shall, upon conviction be imprisoned from ___ to ____ or pay a fine of ____ or both, at the discretion of the appropriate court.
6 months to 6 years
10,000 pesos to 20,000 pesos
