CDAO 2010-21 Flashcards by Clarissa Fernandez

refer 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

Ancestral Lands

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refers to all waters within the baseline of an archipelago except internal waters such as roadsteads, lakes and rivers

Archipelagic Sea

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refer to portions of land within the municipality or brgy actually occupied as residential, commercial or industrial areas as embodies in a duly approved land use plan by the appropriate Sanggunian

Built-up Areas

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refers to the production of sufficient quantity of minerals to sustain economic viability of mining operations reckoned from the date of commercial operation as declared by the contractor or as stated in the feasibility study, whichever comes first

Commercial Production

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refers to the applicants proof of its community relations which may consist, but is not limited to, sociocultural sensitivity, the character of its past relations with local communities, cultural appropriateness and social acceptability of its resource management strategies

Community Relations Record

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It means the wise use and optimum utilization of mineral resources.

Conservation

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refers to water, sea bottom and substratum measured 24 nm seaward from the baseline of the Philippine Archipelago

Contiguous Zone

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means the land or body of water delineated under a mineral agreement of FTAA subject to the relinquishment obligations of the contractor

Contract Area

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means a qualified person acting alone or in consortium who is a party to a Mineral Agreement or FTAA

Contractor

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refers to a drainage area of a river system,lake or water reservoir supporting existing and proposed hydroelectric power, domestic water supply, geothermal power and irrigation works, which needs immediate rehabilitation and protection minimize soil erosion, improve water yield and prevent possible flooding.

Critical Watershed

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refers to specific portions of land covered an existing project of the Department such as, but not limited to, IFMA, CFMA, CFP, FLMA and ISFP

DENR Project Area

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IFMA

Industrial Forest Management Agreement

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CFMA

Community Forest Management Agreement

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CFP

Community Forest Program

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FLMA

Forest Land Management Agreement

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ISFP

Integrated Social Forestry Program

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means 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

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refers to expenditures and expenses directly incurred in the mechanical and physical processing and/or chemical separation of the ore from the waste to produce marketable mineral products

Direct Milling Costs

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refers to geographic-based instruments for planners and decision-makers, which presents a description of the environmental settling including the state of environmental quality and evaluation of the assimilative capacity of an area

Ecological Profile or Eco-Profile

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refers to a systematic, documented verification process of objectively obtaining and evaluating audit evidence to determine whether or not specified environmental activities , events conditions, management systems or information about these matters conform with audit criteria and communicating that results of this process to the concerned stakeholders

Environmental Audit

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refers to the process of predicting the likely environmental consequences of implementing project or undertakings and designing appropriate preventive mitigating and enhance measures.

Environmental Impact Assessment

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refers to the documents of studies on the environmental impacts of a project including the discussions on direct and indirect consequences upon human welfare and ecological and environmental integrity

Environmental Impact statement

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refers to an applicants high regard for the environment in its past resource use ventures and proof of its present technical and financial capability to undertake resource protection, restoration and/or rehabilitation of degraded areas and similar activities

Environmental Management Record

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refers to the water. sea bottom and subsurface measured from the baseline of PH Archipelago up to 200 nm offshore

Exclusive Economic Zone

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refers to forest lands which have been reserved by the President for any specific purpose or purposes pursuant to PD 705 or by an appropriate law

Forest Reservations

refer to those lands of the public domain which have been the subject of the present system of classification and determined to be needed for forest purposes pursuant to PD 705

Forest Reserves or Permanent Forests

means the actual market value of minerals or mineral products from each mine or mineral land operated as a separate entity, without any deductions for mining, processing refining and other expenses

gross output

mean the field and laboratory expenditures incurred for searching and delineating new or extension of ore bodies in an approved FTAA area

Ground Expenditures

refers to the document required of proponents describing the environmental impact of and mitigation and enhancement measures for projects or undertakings located in an Environmentally Critical Area as listed under PP 2146 as well as other areas which the president may proclaim as environmentally critical in accordance with section 4 of PD 1586.

Initial Environmental Examination

means a person or entity with a valid and existing mining lease contract

Lessee

refers to the portion of the mining/permit/contract area where housing/ residential, recreational and other support facilities are built solely for use by the contractor

Mine Camp

mean materials derived from ores, minerals and/or rocks and prepared into a marketable state by mineral processing

Mineral Products

all submerged lands within the contiguous zone and exclusive economic zone

Mineral Reservations

mean any concentration of ores, minerals and or rocks with proven or potential economic value

Mineral Resources

refers to a group of people which may be an association, cooperative, federation or other legal entity established by the community concerns and need and mutually share the benefits from the endeavor

People's Organization (PO)

refers to payment to the claimowner or surface right owners particularly during the transition period from PD No. 463 ane EO 279.

Special Allowance

It shall be the line bureau primarily responsible for the implementation of the Act pursuant to Section 100 thereof.

MGB

who approves applications for ssm, sand and gravel, quarry, guano, gemstone gathering and gratuitous permits and for industrial sand and gravel permits not exceeding 5 hectares

Local Government

act as mediator between the ICCs and the Contractors as may be requested

Local Government

For Government Reservations, the DENR may directly undertake exploration, development and utilization of mineral resources. In the event that the department can not undertake such activities, these may be undertaken by a______

Qualified Person

Applications for Exploration Permit/Mineral Agreement/FTAA within Mineral Reservations shall be filed in the _______

RO concerned for its initial evaluation and endorsement to the Bureau for final evaluation

SSM operations within Mineral Reservations shall be governed by the pertinent rules and regulations provided for in the __________

Mineral Reservations Development Board Administrative Order No. 3 Series of 1984 and MDRB No. 3-A, Series of 1987

SSM cooperatives covered by RA 7076 shall be given preferential right to apply for a small-scale mining contract for a maximum aggregate area of _______ of a mineral reservation subject to valid and existing mining rights.

25%

The contractors/permit holders/lessees shall pay to the bureau a royalty which shall not be less than ______ of the market value of the gross output of the minerals/mineral products extracted or produced from the Mineral Reservations exclusive of all other taxes.

____ shall accrue to the Bureau as a Trust fund and shall be deposited in a government depository bank to be allotted for special projects and other administrative expenses

10% from the royalty and 10% of the revenues from the application fees

Offshore areas within ____ from the mean low tide level and onshore areas within 200 from the mean low tide level along the coast are areas not allowed for mining application

500m and 200m

In case of seabed/marine aggregate quarrying, offshore areas less than _____ from the mean low tide level of land or island and where the seabed depth is less than _____ measured at mean sea level

1500 meter and 30 meters

True or false: In no case shall mineral agreements, FTAAs or mining permits be granted in a areas subject of Certificates of Ancestral Domains/ Ancestral Land Claims or in areas verified by the DENR RO and other office or agency the government authorized by law for such purpose as actually occupied bu ICCs under a claim of time immemorial possession except eith their prior consent.

true

The concerned parties shall agree on the royalty payment for the concerned ICC which may not be less than ______ of the gross output.

True or False: | Expenses for community development may be credited to or changed against the royalty.

True

The term of an exploration Permit shall be for a period of ____ from the date of issuance renewable for like periods but not to exceed a total term of ______ for nonmetallic or ____ for metallic exploration.

2 yrs 4 yrs 6 yrs

Proof of financial Capability to undertake the ExWP: For an individual-copy of income tax return for the preceding year and proof of bank deposit or credit line in the amount of at least _________

2,500,000

For offshore Exploration Permit: A certification from the coast and geodetic survey department of the NAMRIA that the proposed Exploration Work Program was duly registered to provide update in the publication of "_______" together with a list of safety measures to be regularly undertaken to ensure the safety of navigation at sea and prevent accident.

Notice of Mariners

When the area applied for falls within the administration of 2 or more RO, the application shall be filed where.?

it shall be filed with the RO where the comparatively 0larger portion of the area is located

who will approve the transfer or assignment of exploration permit applications?

Regional Director

Within ______ working days from receipt of the necessary area clearances the regional office concerned shall issue the notice of application for exploration permit to the applicant for publication and radio announcement and to the offices concerned for posting.

5 days

T or F If the permittee was not able to submit DMPF during the total term. The permittee may apply for further renewal for the ExP which may be granted by the Secretary for another term of 2 years.

True

The permittee shall submit to the RO concerned within _______ a report under oath of ExWP implementation and expenditures showing discrepancies/ deviations including the results of the survey, laboratory reports, etc and verification by the RO concerned,

within 30 days after the end of each semester

who shall annually review the performance of the permittee

the secretary

Who shall cause the cancellation of the exploration permit for failure of the permittee to comply with the terms and conditions under which the permit is issued

Director/Regional Director

T or F The Permittee, its heirs or successors-in-interest shall have the right to enter, occupy and explore the permit area, all other right to enter, occupy and explore the permit area. all other rights provided in the Act and these IRR and the obligations to fully comply with the terms and conditions of the exploration permit

True

An exploration permit may be transferred or assigned to another qualified persons subject to the approval of the ____

Director

The _____ may cancel the ExP for violations by the Permittee of the Terms and conditions thereof, including the failure to secure the required proof of consultation with/project presentation.

Secretary/Director/Regional Director

An agreement where in 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 whether in kind or in value as owner of the minerals there in. The contractor shall provide the necessary financing, technology, management and personnel

MPSA

an agreement between the government and the contractor wherein the government shall provide inputs to the mining operations other than the mineral resources.

Co-production 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.

JVA

For Mineral Agreement requirement: (Individual) Proof of financial capability to undertake the activities pursuant to the Development/Utilization Work Program, such as a copy of the income tax return for the preceding year and proof of bank deposit or credit line in the amount of ________

2,500,000

T or F The permittee may apply for further renewal of the exploration permit which may be granted by the secretary of another term of 2 yrs for the very purpose of preparing or completing the feasibility studies and filing of DMPF.

True

T or F An applicant for Mineral agreement whose application is valid and existing, has been granted an Area Status and Clearance, NCIP Precondition Certification and endorsement from the Sanggunian concerned and has no pending mining dispute/conflict as certifies by the Panel of Arbitrators concerned/Mines Adjudication Board, may file an application of Special Mines Permit.

True

A special mines permit may be issued by the Director upon clearance by the Secretary. The SMP shall be for a period of ____ year renewable once.

1 year

SMP holders shall submit progress production reports covering the subject areas for the purpose of computing the share of the Government production every ____

3 months or quarterly

No FTAAs may be granted with respect to the following:

``` cement raw materials marble granite sand and gravel construction aggregates ```

For FTAA, there shall be a provision guaranteeing the payment of the Government Share notwithstanding the grant of any incentives by other government agencies . The mine should have a profitable operating life of more thank _____, to ensure the collection of the Government share, given the cost recovery period.

10 yrs.

After the approval of the FTAA but prior to registration of the same- an authorized capital of at least _____

$4,000,000

An FTAA shall be negotiated by the Department through a negotiating panel composed of the following: negotiating panel shall evaluate the ftaa applications within days

Secretary DIrector Rep. from the Board of Investments or DTI Rep. from NEDA Rep. Department of Finance Rep from Department's Field Operations Office Rep. from the Department's legal and legislative affairs office member Rep. from the RO concerned

The contract area for FTAA shall be subject to relinquishment as follows: At least _____ % of the original contract area during the first 2 years of exploration period and atleast ____% of the remaining contract area annually during the extended exploration period and pre-feasibility study period.

25% | 10%

While awaiting for the approval of the FTAA application by the President, the Secretary may, upon the request of the FTAA applicant, issue one-time non-renewable Temporary Exploration Permit with a term not exceeding ____

1 yr

Failure of the contractor to cause the registration of its FTAA within _______ from the receipt of the written notice and upon payment of the required fees shall be ground for cancellation of the same.

15 working days

Failure of the Contractor to meet the sixty percent (60%) equity requirement within _______ shall cause the forfeiture of the Contractor's right to such conversion.

a period of one (1) year from the date of filing the Letter of Intent to satisfy the sixty percent (60%) Filipino equity requirement, subject to an extension of another one (1) year as may be approved by the Secretary taking into consideration the economic and other relevant factors

members of PCMRB

``` RD Prov. gov or mayor small scale mining rep large-scale mining rep NGO ```

For quarry permit: the extraction, removal and disposition of quarry resources covering an area not more than ______ and a production of not more than _____ annually, and/or whose project cost is not more than 10,000,000 for a term of _____ from the date of issuance thereof, renewable for like period but not exceed a total term of ______

25 yrs

A type of Sand and gravel permit which are used in their natural state without undergoing processing covering an area of not more than 5 hectares for a term if 1 yr from the date of issuance thereof, renewable for like period in such quantities as may be specified in the permit

Commercial Sand and Gravel Permit

A type of Sand and Gravel Permit which necessitate the use of mechanical processing covering an area of not more than 5 hectares at any one time for a term of 5 yrs from the date of issuance thereof, renewable for like periods but not exceed a total term of 25 yrs.

Industrial Sand and Gravel Permit

Qualified person may apply for an ISAG permit with ___ for areas covering more than 5 hectares but not to exceed 20 hectares at any one time for a term of 5 years from the date of issuance thereof, renewable for like periods but not to exceed 25 yrs.

Regional Director through RO

A type of permit which utilizes the materials form public land for its own use covering an area of not more than 1 hectare for a non renewable period not exceeding 60 calendar days and a max. volume of 50 cubic meters.

Exclusive Sand and Gravel permit

Any government entity/ instrumentality in need of quarry, sand and gravel or loose/unconsolidated materials in the construction of buildings and or infrastructure for public use or other purposes may apply for a ________ for a period coterminous with the construction stage of the project but not to exceed 1 yr in public/private lands covering an area of not more than 2 hectares

Government Gratuitous Permit

A type of permit where any landowner may apply for the extraction, removal and utilization of quarry, sand and gravel or loose/unconsolidated materials from his/her land for a non-renewable period of 60 calendar days.

Private Gratuitous Permit

For Quarry/commercial or Industrial Sand and Gravel/Government Gratuitous/Guano/Gemstone Gathering Permit: No extraction,removal and/or disposition of materials shall be allowed within a distance of ____ from the boundaries of reservoirs established for public water supply, archaelogical and historical sites or of any public or private works or structures unless the prior clearance of the Government agency concerned or owner is obtained.

1 km

500 meters | 200 meters

A type of permit where in any qualified person ma apply for the extraction, removal and utilization of loose stones useful as gemstones for a term not exceeding 1 yr from the date of issuance thereof renewable for like periods.

Gemstones Gathering Permit

To answer for and guarantee payment for whatever actual damages that may be incurred by the quarry or sand and gravel operations, a surety bond of ______ shall be posted by the applicants except for those applying for gratuitous and exclusive sand and gravel permits.

20,000 pesos

CDAO 2010-21 Flashcards

(91 cards)