RA 7942 - Definition of Terms Flashcards
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
an area bounded by one-half (1/2) minute of latitude and one-half (1/2) minute of longitude, containing approximately eighty-one hectares (81 has.).
Block or meridional block
refers to the capacity of natural and human environments to accommodate and absorb change without experiencing conditions of instability and attendant degradation.
Carrying capacity
refers to water, sea bottom and substratum measured twenty-four
nautical miles (24 n.m.) seaward from the base line of the Philippine archipelago.
Contiguous zone
land or body of water delineated for purposes of exploration, development, or utilization of the minerals found therein.
Contract area
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
an agreement entered into between the Government and one or more contractors in accordance with Section 26(b) hereof.
Co-production agreement (CA)
the Department of Environment and Natural Resources.
Department
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
the Director of the Mines and Geosciences Bureau.
Director
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)
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)
the water, sea bottom and subsurface measured from
the baseline of the Philippine archipelago up to two hundred nautical miles (200 n.m.)
offshore.
Exclusive economic zone
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
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
a contract involving financial or
technical assistance for large-scale exploration, development, and utilization of mineral resources.
Financial or technical assistance agreement
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
any corporation, partnership, association, or cooperative duly registered in accordance with law in which less than fifty per centum (50%) of the capital is owned by Filipino citizens.
Foreign-owned corporation
the government of the Republic of the Philippines.
Government
the actual market value of minerals or mineral products from its
mining area as defined in the National Internal Revenue Code.
Gross output
a group or tribe of 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.
Indigenous cultural community
soil and rock materials from surface or underground mining and milling operations with no economic value to the generator of the same.
Mine wastes 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
a contract between the government and a contractor, involving mineral production-sharing agreement, co-production agreement, or joint-venture agreement.
Mineral agreement
any area where mineral resources are found.
Mineral land
any concentration of minerals/rocks with potential economic value.
Mineral resource
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
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.
Non-governmental organization (NGO)
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
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
the landward side from the mean tide elevation, including submerged
lands in lakes, rivers and creeks.
Onshore
a naturally occurring substance or material from which a mineral or element can be mined and/or processed for profit.
Ore
the holder of an exploration permit.
Permittee
to infrastructure, machinery,
equipment and/or improvements used for impounding, treating or neutralizing, precipitating, filtering, conveying and cleansing mine industrial waste and tailings as well as eliminating or reducing hazardous effects of solid particles, chemicals, liquids or other harmful byproducts and gases emitted from any facility utilized in mining operations for their disposal.
Pollution control and infrastructure devices
the President of the Republic of the Philippines.
President
refers to any land belonging to any private person which includes alienable and disposable land being claimed by a holder, claimant, or occupant who has already acquired a vested right thereto under the law, although the corresponding certificate or evidence of title or patent has not been actually issued.
Private land
refers to lands of the public domain which have been classified as agricultural lands and subject to management and disposition or concession under existing laws.
Public land
any citizen of the Philippines with capacity to contract, or a
corporation, partnership, association, or cooperative organized or authorized for the purpose of engaging in miring, with technical and financial capability to undertake mineral resources development and duly registered in accordance with law at least sixty per centum (60%) of the capital of which is owned by citizens of the Philippines: Provided, That a legally
organized foreign-owned corporation shall be deemed a qualified person for purposes of granting an exploration permit, financial or technical assistance agreement or mineral
processing permit.
Qualified person
the process of extracting, removing and disposing quarry resources
found on or underneath the surface of private or public land.
Quarrying
a document granted to a qualified person for the extraction and
utilization of quarry resources on public or private lands.
Quarry permit
to any common rock or other mineral substances as the Director
of Mines and Geosciences Bureau may declare to be quarry resources such as, but not limited to, andesite, basalt, conglomerate, coral sand, diatomaceous earth, diorite, decorative stones, gabbro, granite, limestone, marble, marl, red burning clays for potteries and bricks, rhyolite, rock phosphate, sandstone, serpentine, shale, tuff, volcanic cinders, and volcanic
glass: Provided, That such quarry resources do not contain metals or metallic constituents and/or other valuable minerals in economically workable quantities: Provided, further, That non-metallic minerals such as kaolin, feldspar, bull quartz, quartz or silica, sand and pebbles,
bentonite, talc, asbestos, barite, gypsum, bauxite, magnesite, dolomite, mica, precious and
semi-precious stones, and other non-metallic minerals that may later be discovered and
which the: Director declares the same to be of economically workable quantities, shall not be
classified under the category of quarry resources.
Quarry resources
the regional director of any mines regional office under the Department of Environment and Natural Resources.
Regional director
any of the mines regional offices of the Department of
Environment and Natural Resources.
Regional office
Secretary of the Department of Environment and Natural
Resources.
Secretary
refers to payment to the claim-owners or surface right-owners
particularly during the transition period from Presidential Decree No. 463 and Executive
Order No. 279, series of 1987.
Special allowance
the Republic of the Philippines.
State
the extraction or disposition of minerals.
Utilization
