PHILIPPINE MINING ACT

PHILIPPINE MINING ACT OF 1995

RA 7942

RA 7076

People Small Scale Mining Act of 1991

RA 7942

Philippine Mining Act of 1995

This law was signed into effect during the term of former President Fidel V. Ramos.

RA 7942

MPSA

Mineral Production Sharing Agreement

FTAA

Financial or Technical Assistance Agreement

Means searching or prospecting for mineral resources by geological, geochemical and/or geophysical surveys, remote sensing, test pitting, trenching, drilling, shaft sinking, tunneling or any other means for the purpose of determining their existence, extent, quality and quantity and the feasibility of mining them for profit.

Exploration

Means the work undertaken to explore and prepare an orebody or a mineral deposit for mining, including the construction of necessary infrastructure and re lated facilities

Development

Means the extraction, mineral processing and/or isposition of minerals. Lease or Lease Contract.A Contract issued by the government granting the lease, his heirs, successors, and assigns the right to extract and utilize all mineral deposits found on or underneath the surface of his mining claims covered by the lease for his own benefit, and to use the lands covered for the purpose or purposes specified therein.

Utilization

The progressive reduction of the contract area over the six (6)-year exploration period.

Area Relinquishment

A person or entity who enters into an agreement to undertake a specific work related to mining or quarrying operations of a Contractor/Permit Holder/Permittee/Lessee.

Service Contractors

This is a document issued by the DENR Secretary certifying that based on the representations of the proponent, the proposed project or undertaking as reviewed by the Environmental Impact Assessment Review Committee will not cause a significant negative environmental impact and that the proponent is committed to implement its approved mitigating measures.

Environmental Compliance Certificate / ECC

Refers to the comprehensive and strategic environmental management plan to achieve the environmental management objectives, criteria and commitments including protection and rehabilitation of the disturbed environment during the exploration period.

Environmental Work Program / EWP

Refers to the comprehensive and strategic environmental management plan for the life of the mining project.

Environmental Protection and Enhancement Program / EPEP

This is a permit issued by the Government ganting the Contractor Permittee the right to search or prospect for mineral resources.

Exploration Permit

This is a contract between the Government and the Contractor involving financial or technical assistan ce for large scale exploration, development and utilization of mineral resources.

Financial / Technical Assistance Agreement

This is a permit issued by the Government granting the Permittee the right to conduct mining activities that rely heavily on manual abor using simple implements and methods and do not use explosives or heavy mining equipment.

Small Scale Mining Permit

This refers to the permit granted to a Qualified Person for the extraction and utilization of quarry resources on public or private land

Quarry Permit

AREAS CLOSED TO MINING

A. Old growth or virgin forests

B. Areas covered by valid and existing mining rights and mining applications.

C. Areas that the Secretary may exclude.

D. Areas expressly prohibited by law.

To ensures the equitable sharing of benefits among the four major stakeholders the:

• National and Local Governments

• Mining Contractor

• Host Communities

How many year are renewable for like periods, up to a maximum of 25 years; in mineral processing permits

5 Years

refer to areas with naturally occurring mineral deposits of gold, silver, chromite, kaolin, silica, marble, gravel, clay and like mineral resources; determined by mines and geosciences bureau if mineralized areas or land

Mineralized Areas

refers to mining activities which rely heavily on manual labor using simple. implement and methods and do not use explosives or heat mining equipment

Small Scale Mining

refer to Filipino citizens who, individually or in the company of other Filipino citizens, voluntarily form a cooperative duly licensed by the DENR to engage, under the terms and conditions of a contract, in the extraction or removal of minerals or ore-bearing materials from the ground

Small Scale Miners

refers to areas under actual exploration, development, exploitation or commercial production as determined by the Secretary after the necessary field investigation or verification including contiguous and geologically related areas belonging to the same claim owner and/or under contract with an operator, but in no case to exceed the maximum area allowed by law

Active Mining Area

Refers to co-production, joint venture or mineral production sharing agreement between the State and a small scale mining contractor for the small-scale utilization of a plot of mineral land.

Small Scale Mining Contract

refers to an individual or a cooperative of small-scale miners, registered with the Securities and Exchange Commission or other appropriate government agency, which has entered into an agreement with the State for the small- Scale utilization of a plot of mineral land within a people's small- scale mining area;

Small Scale Mining Contractor

not subject to any existing right

Public Lands

covered by existing mining rights which are not active mining areas

Public Lands

subject to certain rights and conditions, except those with substantial improvements or in Bonafide and regular use as a yard, stockyard, garden, plant nursery, plantation, cemetery or burial site, or land situated within one hundred meters (100 m.) from such cemetery or burial site, water reservoir or a separate parcel of land with an area of ten thousand square meters (10,000 sg. m.) or less

Private Lands

This land may not be declared as a people's small-scale mining area without the prior consent of the cultural communities con cerned:

Ancestral Lands

This land are declared as people's small-scale mining areas, the members of the cultural communities therein shall be given priority in the awarding of small-scale mining contract

Ancestral Lands

Registration of Small-scale Miners

Board

Award of People's Small-scale Mining Contracts

one (1) people's small-scale mining contract may be awarded at any one time to a small-scale mining operations within one (1) year from the date of award

Who shall determine the reasonable size and shape of the contract areafollowing the meridional block system established but in no case shall the area exceed twenty hectares (20 has.) per contractor and the depth or length of thank tunnel or adit not exceeding that recommended by the director

Board

The contract cannot be subcontracted, assigned, or otherwise transferred to another party.

Extent of Contract

What should happen if a declared people's small-scale mining area overlaps with an existing mining right?

enter into a voluntary and acceptable contractual agreement

Where should all gold produced by small-scale miners be sold, and at what price?

Central Bank

What rights does a private landowner or lawful possessor have if their land is planned to be declared as a people's small-scale mining area?

The landowner must be notified of the plan or petition and has the right to oppose it through an appropriate proceeding and hearing conducted before the Board.

What protection is given to small-scale miners operating mineral lands on or before August 1, 1987?

who were already operating on or before August 1, 1987 shall not be dispossessed, ejected, or removed from those areas, as long as they comply with the provisions of the Act.

What are the penalties for violating the provisions of the Small-Scale Mining Act or its implementing rules?

imprisonment of not less than 6 months and not more than 6 years, and confiscation and seizure of equipment, tools, and instruments used in the violation.