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___mining Iaws > Introduction to Mining Laws > Flashcards

Introduction to Mining Laws Flashcards

1
Q

hierarchy of laws in the Philippines

A

1987 constitution

statues / executive issuance by the president

administrative regulations

ordinances by the lgu

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2
Q

1987 constitution title, article, and section

A

National Economy and Patrimony

Article XII, Sec. 2

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3
Q

National Economy and Patrimony

A

All lands of public domains, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State.

The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State.

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4
Q

If an investor wishes to acquire the right to _____ or ____ natural resources, he must enter into an agreement with the State.

A

extract ; develop

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5
Q

all mineral resources are owned by the state

A

Regalian Doctrine

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6
Q

Mining Laws in the Philippines

A

RA 7942
DAO 2010-21

RA 7076
DAO 2022-03

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7
Q

RA 7942 is also known as

A

Philippine Mining Act of 1995

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8
Q

RA 7076 is also known as

A

People’s Small-Scale Mining Act of 1991

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9
Q

What is RA 7076

A

An act creating a people’s small scale mining program and for other purposes

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10
Q

What is RA 7942

A

An acts instituting a new system of mineral resources exploration, development, utilization, and conservation

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11
Q

What is DAO 2022-03

A

Revised implementing rules and regulations of Republic Act No. 7076 otherwise known as “Peoples Small-Scale Mining Act of 1991”

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12
Q

What is DAO 2010-21

A

Consolidated department of environment and natural resources administrative order for the implementing rules and regulations of Republic Act No. 7942, otherwise known as the “Philippine Mining Act of 1995”

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13
Q

Philippine Mining Act of 1995: Declaration of Policy

A

All mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines are owned by the State. It shall be the state’s responsibility to promote their rational exploration, utilization, development, and conservation through the combined efforts pf government and the private sector in order to enhance national growth in a way that effectively safeguards the environment and protect the rights of the affected communities.

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14
Q

RA No. 7076: Declaration of Policy

A

It is hereby declared of the State to promote, develop, protect and rationalize viable small-scale mining activities in order to generate more employment opportunities and provide an equitable sharing of the nation’s wealth and natural resources, giving due regard to existing rights as herein provided.

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15
Q

Areas Closed to Mining Applications

A

a. In military and other government reservations

b. near or under public or private buildings, cemeteries, archaeological and historic sites, bridges, highways, waterways, railroads, reservoirs, dams or other infrastructure projects, public or private woks including plantations or valuable crops

c. in areas covered by valid and existing mining rights

d. in areas expressly prohibited by law

e. in areas covered by small-scale miners

f. old growth or virgin forests, proclaimed watershed forest reserves, wilderness areas, mangrove forest, mossy forests, national parks, provincial/municipal forests, parks, greenbelts, game refuge, and bird sanctuaries as defined by law and areas expressly prohibited under NIPAS

g. areas which the secretary may exclude on proper assessment of their environmental impacts and implications

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16
Q

Aquino Minerals Policy

A

Executive Order No. 79, Series of 2012

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17
Q

What does NIPAS stand for?

A

National Integrated Protected Areas System

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18
Q

What RA and DAO is NIPAS ACT under

A

RA 7586

Department Administrative Order no. 25, series of 1992

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19
Q

Two additional areas closed to mining applications under EO No. 79

A

Tourism development area, as identified in the National Tourism Development Plan (NTDP)

Other critical areas, island ecosystems, and impact areas of mining as determined by the current and existing mapping technologies, that the DENR may hereafter identify pursuant to existing laws, rules, and regulations, such as, but not limited to, the NIPAS ACT

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20
Q

refers to all lands exclusively 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 me be defined and delineated by law.

A

Ancestral lands

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21
Q

No MPSA / FTAA / or EP be granted in CADC / CADT areas without the ICC’s _____

A

FPIC

Free, Prior, and Informed Consent

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22
Q

MPSA meaning

A

Mineral Production Sharing Agreement

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23
Q

FTAA meaning

A

Financial or Technical Assistance Agreement

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24
Q

EP meaning

A

Exploration Permit

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25
Q

CADC / CADT meaning

A

Certificate of Ancestral Domain Claim / Certificate of Ancestral Domain Title

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26
Q

ICC meaning

A

Indigenous Cultural Communities

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27
Q

In case the ICC give’s their consent, a royalty of ____ of the ____ is due to the ICC from the mining company

A

at least 1% ; gross revenue

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28
Q

it is the sum of all the money generated by a business, without taking into account any part of that total that has been or will be used for expenses

A

gross revenue

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29
Q

where should we get FPIC

A

NCIP

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30
Q

is the revenue a company earns in a given period after any purchaser discounts or allowances are factored

A

net revenue

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31
Q

NCIP meaning

A

National Commission on Indigenous Peoples

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32
Q

Tenements issued by the DENR-MGB

A
  1. Exploration Permit (EP)
  2. Mineral Agreements
  3. Financial or Technical Assistance Agreements (FTAA)
  4. Mineral Processing Permits (MPP)
  5. Industrial Sand and Gravel Permits (>5 to 20 hectares)
  6. OTPs / MOEPs (metallic)
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33
Q

Permits issued by the LGU

A
  1. Small-Scale Mining Contracts
  2. Quarry Permits
  3. Sand and Gravel Permits (5 ha and below)
  4. Guano Permits
  5. Gemstone Gathering Permits
  6. OTP / MOEPs (non-metallic)
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34
Q

who grants mineral processing permits?

A

DENR Secretary (?)

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35
Q

how many km away should sand and gravel quarrying be from infrastructures?

A

at least 1 km

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36
Q

how many hectares area is qualified for industrial sand and gravel permit?

A

5 to 20 ha

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37
Q

sand and gravel areas with areas of ____ is considered to be “commercial”

A

<1 ha

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38
Q

phosphate deposits derived from birds/bats used as fertilizers

A

Guano deposits

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39
Q

maximum area for exploration permit

A

32,000 onshore
81, 000 offshore

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40
Q

maximum area for MPSA

A

5,000 onshore
40,500 offshore

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41
Q

maximum are for FTAA

A

81,000 onshore
320,000 offshore

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42
Q

terms for EP

A

2 years; renewable to a maximum of 8 years

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43
Q

terms for MPSA

A

25 years; renewable for like periods

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44
Q

terms for FTAA

A

25 years; renewable for like periods

45
Q

qualified person for EP

A

individuals or Filipino or foreign corporations

46
Q

qualified person for MPSA

A

individuals or Filipino corporations

47
Q

qualified person for FTAA

A

Filipino or 100% foreign corporations

48
Q

stages of mining operations

A

exploration
development
production
final mine decommissioning

progressive rehabilitation

49
Q

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 the feasibility of mining them for profit.

A

Exploration

50
Q

under what DAO is it stated that exploration period and permits are automatically renewed without the need of filing applications for renewal

A

DAO 2021-12

51
Q

under DAO 2021-12, the holders of exploration tenements are required to submit certain requirements within how man days from the expiration of the exploration period?

A

60 days

52
Q

failure to submit the requirements under DAO 2021-12 is a ground for ____ of the mining tenement

A

cancellation

53
Q

who grants exploration permits?

A

Central MGB Director

54
Q

who is central mgb director?

A

Atty. Wilfredo G. Moncano

55
Q

who is regional mgb director?

A

Atty. Jasper Alberto H. Lascano, EnP, CESO V, Regional Director

56
Q

Requirements to support an EP application

A
  1. Location Map 1:50000 scale
  2. Articles of Incorporation
  3. Area Status and Clearance
  4. Publication / posting / radio announcement
  5. Project presentation / consultation with all sanggunian (brgy, bayan, panlalawigan)
  6. ExWP
  7. EnWP
  8. Proof of financial capacity
  9. Proof of technical capability
  10. NCIP FPIC Process
57
Q

Exploration results reveal the _____ of mineral deposits that are ______

A

presence ; economical to mine

58
Q

what does DMPF stand for?

A

Declaration of Mining Project Feasibility

59
Q

Approval of DMPF grant to the Permittee the approval of ____ / _____

A

MPSA / FTAA

60
Q

DMPF is the right to _____ the mining area in _____ to ______

A

develop ; preparation ; commercial extraction

61
Q

Requirements for DMPF

A
  1. Approved Survey Plan
  2. Feasibility Study
  3. 3 yr Development / Utilization Work Program
  4. Final Exploration Report
  5. Favorable Endorsements from the LGU
  6. SDMP
  7. EPEP and FMRDP
  8. Proof of financial capacity
  9. Proof of technical capability
  10. NCIP FPIC process
  11. SHP
62
Q

what does EPEP stand for?

A

Environmental Protection and Enhancement Program

63
Q

what does FMRDP stand for?

A

Final Mine Rehabilitation and Decommissioning Program

64
Q

what does SHP stand for?

A

Safety and Health Program

65
Q

what does SDMP stand for?

A

Social Development and Management Program

66
Q

this means a contract between the Government and a Contractor

A

Mineral Agreement

67
Q

three types of mineral agreements

A

a. mineral production sharing agreement
b. co-production agreement
c. joint venture agreement

68
Q

____ is an agreement where in the _____ grants to the ____ the exclusive right to ____ within, but not ____ over, the contract area and shares in the production as the owner of the minerals therein.

A

MPSA ; government ; contractor ; mining operations ; title

69
Q

in MPSA, the contractor shall provide for the necessary ____, _____, _____, and _____

A

financing; technology; management; personnel

70
Q

who grants MPSA?

A

DENR Secretary

71
Q

who is the current DENR Secretary?

A

Ma. Antonia Yulo-Loyzaga

72
Q

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

A

co-production agreement

73
Q

an agreement where a joint-venture company is organized by the government and the contractor with both parties having equity shares

A

joint-venture agreement

74
Q

in joint-venture agreement, aside from earnings in equity, the government shall be entitled to a share in the _____

A

gross output

75
Q

a contract involving financial or technical assistance for large-scale exploration, development, and utilization of mineral resources

A

Financial or Technical Assistance Agreement

76
Q

minimum authorized capital for FTAA during application

A

$4,000,000

77
Q

FTAA commitment in the contract agreement to invest

A

$50,000,000

78
Q

t or f: FTAA can be transferred or assigned

A

T

79
Q

No FTAA for

A

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

80
Q

exploration period for FTAA

A

8 years

81
Q

pre-feasibility and feasibility study period for FTAA

A

2 years ; 2 years

82
Q

t or f: FTAA holder can acquire title over the mining area as well as surface rights

A

F (can not acquire)

83
Q

who grants FTAAs?

A

President

84
Q

Mineral Processing Permit term:

A

5 years ; renewable for like periods but not to exceed 25 years

85
Q

t or f: alien employment is allowed in MPP but limited to specialized positions

A

T

86
Q

who grants MPP?

A

DENR Sec

87
Q

Terms and Conditions of a MPP

A

a.) Assume full responsibility and be liable for damages to private or public properties affected by its operation;

b.) use the best available anti-pollution technology and facilities

c.) shall not discriminate on the basis of gender;

d.) pay fees, taxes, other obligations;

e.) comply with ECC

88
Q

what does ECC stands for?

A

Environmental Compliance Certificate

89
Q

T or F: Ore transport permit include all ores including gold bullions

A

True

90
Q

How many metric tons is required for an Ore transport permit?

A

> 2 metric tons

91
Q

for assay and pilot testing purposes only; <2 metric ton

A

Certificate of Transport Clearance

92
Q

absence of OTP while transporting ore is ______ of illegal mining

A

prima facie evidence

93
Q

6 common acts of illegal mining

A
  1. Mining operations within a No-Go Zone / SSM outside Minahang Bayan
  2. Large-scale mining in the guise of SSM
  3. Mining via hydraulicking or compressor mining
  4. Black sand mining in guise of dredging or sand and gravel quarrying
  5. Unauthorized mineral extraction and transport in the guise of environmental clean-up
  6. SSM of metallic minerals other than gold/silver/chromite
94
Q

formula for chromite

A

Cr2FeO4

95
Q

underwater excavation of a placer deposit by floating equipment

A

dredging

96
Q

Masses of unconsolidated & semi-unconsolidated clastic sediment formed by surface weathering & erosion. Inside bends of rivers, break of slope on a stream, base of an escarpment, waterfall or other basins.

A

placer deposits

97
Q

what section is penal provision for false statement is under

A

section 101

98
Q

fine for false statements

A

not exceeding 10,000 pesos

99
Q

what section is penal provision for illegal exploration is under

A

section 102

100
Q

any person undertaking exploration work without the necessary ______ shall, upon conviction, be penalized by a fine note exceeding _____

A

exploration permit ; 50,000

101
Q

what section is theft of minerals under

A

section 103

102
Q

how long should the imprisonment under section 103 be

A

six months to six years

103
Q

fine for theft of minerals

A

10,000 to 20,000

104
Q

in section 103, in addition to imprisonment and fine, the convicted shall be liable to pay _____ and _____ for the minerals removed, extracted, and disposed of.

A

damages and compensation

105
Q

in the case of associations, partnerships, or corporations, the ____ and each of the ___ thereof shall be responsible for the acts committed by such association, corporation, or partnership.

A

president ; directors

106
Q

when was RA no. 7942 signed into law

A

March 3, 1995

107
Q

who was the president in 1995

A

Fidel V. Ramos

108
Q

what is mineral according to DAO 2010-21?

A

all naturally occurring inorganic substances in solid, liquid, gas or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials and geothermal energy.

___mining Iaws (11 decks)

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