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Mining Laws > Lesson 1: Introduction to Mining Laws > Flashcards

Lesson 1: Introduction to Mining Laws Flashcards

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1
Q

enumerate the hierarchy of laws in the Philippines

A

Philippine Constitution of 1987
↓
Statutes/Executive Issuances by the President
↓
Administrative Regulations
↓
Ordinances by LGU

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2
Q

what Article and section under the 1987 constitution states the “National Economy and Patrimony”

A

Article XII, Section 2

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3
Q

FILL IN THE BLANKS

National Economy and Patrimony

All ________ of the 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 _________ are owned by the __________.

A

lands; natural resources; State

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4
Q

FILL IN THE BLANKS

National Economy and Patrimony

The ________, _________, and ________ of natural resources shall be under the full control and supervision of the __________.

A

exploration; development; utilization; State

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5
Q

doctrine that pertains to the ownership of mineral resources

A

Regalian Doctrine

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6
Q

What should an investor do in order to acquire the right to extract or develop natural resources?

A

the investor must enter into an agreement with the State

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7
Q

What are the two mining laws and their respective DAOs for this lesson?

A

(RA 7076) People’s Small-scale Mining Act of 1991→DAO No. 2022-03

(RA 7942) Philippine Mining Act of 1995→DAO No. 2010-21

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8
Q

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

A

RA 7076

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9
Q

revised implementing rules and regulations of RA No.7076 otherwise known as “people’s small scale mining act of 1991”

A

DAO No. 2022-03

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10
Q

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

A

RA 7942

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11
Q

providing for a consolidated department of environmental and natural resources administrative order for the implementing rules and regulations of RA No. 7942, otherwise known as the “philippine mining act of 1995”

A

DAO No. 2010-21

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12
Q

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.

A

RA 7942 The Philippine Mining Act of 1995

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13
Q

Are all lands open for mining applications?

A

no, because there are areas closed to mining applications

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14
Q

Name the 7 general areas closed to mining applications

A
  1. In military and other government reservations
  2. Near or under several public or private structures
  3. In areas covered by valid and existing mining rights
  4. In areas expressly prohibited by law
  5. In areas covered by small-scale miners as defined by law
  6. protected forests and the like
  7. Areas which the Secretary may exclude on proper assessment of their environmental impacts and implications
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15
Q

are all military and other government reservations really closed to mining applications?

A

yes, except upon prior written clearance by the government agency concerned

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16
Q

are all near or under public or private structures really closed to mining applications?

A

yes, except upon written consent of the government agency or private entity concerned

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17
Q

are all areas covered by small-scale miners really closed to mining applications?

A

yes, unless with prior consent of the small-scale miners

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18
Q

when a large mining company applies for a mineral agreement on an area covered by small-scale miners with the prior consent of the small-scale miners, what should be agreed to? explain.

A

a royalty payment upon the utilization of minerals. the royalty should be used to form a trust fund for the socioeconomic development of the community concerned

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18
Q

when a large mining company applies for a mineral agreement on an area covered by small-scale miners with the prior consent of the small-scale miners, what should be agreed to? explain.

A

a royalty payment upon the utilization of minerals. the royalty should be used to form a trust fund for the socioeconomic development of the community concerned

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19
Q

when a large mining company applies for a mineral agreement on an area covered by small-scale miners with the prior consent of the small-scale miners, what should be agreed to? explain.

A

a royalty payment upon the utilization of minerals. the royalty should be used to form a trust fund for the socioeconomic development of the community concerned

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20
Q

full NIPAS

A

National Integrated Protected Areas System

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21
Q

the two other areas closed to mining applications under the EO No. 79 series of 2012

A
  1. Tourism development areas, as identified in the NTDP
  2. Other critical areas according to the DENR, such as the NIPAS Act
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22
Q

full NTDP

A

National Tourism Development Plan

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23
Q

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

A

Ancestral Lands

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24
full MPSA
Mineral Sharing Production Agreement
25
full FTAA
Financial or Technical Assistance Agreement
26
full EP
Exploration Permit
27
full CADC
Certificate of Ancestral Domain Claim
28
full CADT
Certificate of Ancestral Domain Title
29
full ICC
Indigenous Cultural Community
30
what documents would warrant an area to be an ancestral land
those with CADC / CADT
31
can MPSA / FTAA / EP be allowed in ancestral lands?
no, unless with the ICC's concent
32
can MPSA / FTAA / EP be allowed in ancestral lands?
no, unless with the ICC's consent
33
royalty amount given to ICC from the mining company when allowed to mine at ancestral lands
at least 1% of the gross revenue
34
6 tenements issued by DENR-MGB
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
35
full MPP
Mineral Processing Permit
36
6 permits issued by LGU
1. Small-Scale Mining Contracts 2. Quarry Permits 3. Sand and Gravel Permits (5 hectares & below) 4. Guano Permits 5. Gemstone Gathering Permits 6. OTPs/MOEPs
37
full OTPs
Ore Transport Permit
38
MOEP
Mineral ore export permit
39
Maximum areas in hectares of the 3 different types of mining right
EP →32,000 onshore; 81,000 offshore MPSA →5,000 onshore; 40,500 offshore FTAA →81,000 onshore; 324,000 offshore
40
terms of the 3 different types of mining right
EP →2 years; renewable to a maximum of 8 years MPSA →25 years; renewable for like period FTAA →25 years; renewable for like period
41
qualified persons of the 3 different types of mining right
EP →Individuals or Filipino or foreign corporations MPSA →Individuals or Filipino corporations FTAA →Filipino or 100% foreign corporations period
42
4 main stages of mining operations
exploration→development→production→final mine decommissioning >the first three undergoes progressive rehabilitation
43
searching or prospecting for mineral resources
exploration
44
methods of exploration
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.
45
Under DAO 2021-12, how do exploration periods get renewed?
automatically renewed without the need of filing applications for renewal holders of the tenements are required to submit certain requirements within sixty (60) days from expiration of the exploration period of the tenement or the exploration permit, as the case may be. Failure to submit the requirements is a ground for cancellation of the mining tenement
46
Under DAO 2021-12, what agreements/permits get automatic exploration period renewal
MPSAs and FTAAs (and other similar mining tenements), as well as exploration permits,
47
who grants exploration permits
MGB Director: atty. wilfredo g. Moncano
48
10 requirements needed to support an EP application
1. Location Map 1: 50,000 scale; 2. Articles of Incorporation/ By laws / 3. Area Status and Clearances; 4. Publication / posting / radio announcement; 5. Project presentation / consultation with all Sanggunian (Barangay, Bayan, Panlalawigan); 6. ExWP 7. EnWP 8. Proof of financial capacity; 9. Proof of technical capability 10. NCIP FPIC process
49
full ExWP
Exploration Work Program
50
full EnWP
Environmental Work Program
51
full NCIP
National Commission on Indigenous People
52
full FPIC
Free, Prior and Informed Consent
53
results reveal the presence of mineral deposits economical to mine
exploration
54
full DMPF
Declaration of Mining Project Feasibility
55
if you got granted approved MPSA/FTAA, that means you had approval of what prior?
DMPF
56
right to develop the mining area in preparation to commercial extraction
DECLARATION OF MINING PROJECT FEASIBILITY ??
57
11 requirements for DMPF
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
58
full SDMP
Social Development and Management Program
59
full EPEP
Environmental Protection and Enhancement Program
60
full FMRDP
Final Mine Rehabilitation and Decommissioning Plan
61
full SHP
Social and Health Program
62
means a contract between the Government and a Contractor
Mineral Agreement
63
3 types of mineral agreements
a. Mineral Production Sharing Agreement b. Co-Production Agreement c. Joint Venture Agreement
64
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 as owner of the minerals therein.
Mineral Production Sharing Agreement (MPSA)
65
for Mineral Production Sharing Agreement (MPSA), what should be provided by the Contractor
The Contractor shall provide the necessary financing, technology, management and personnel.
66
who grants MPSA?
DENR Secretary
67
means a contract involving financial or technical assistance for large-scale exploration, development and utilization of mineral resources.
FTAA
68
Minimum authorized capital during application for FTAA
USD $ 4,000,000.00
69
amount to invest based on the Commitment in the contract agreement
USD $ 50,000,000.00
70
T or F: FTAAs can be transferred or assigned
True
71
what materials cannot get FTAAs?
cement raw materials, sand & gravel and construction aggregates; cement raw materials, marble, granite, SAG and construction aggregates
72
years for specific periods under FTAA
* 8 years exploration period; * 2 years pre-feasibility period; * 2 years Feasibility Study period
73
T or F: FTAA holder shall acquire any title over the mining area except surface rights
False, FTAA holder SHALL NOT ACQUIRE any title over the mining area except surface rights
74
Who grants FTAAs?
President of the Ph
75
term for MPP
* Term of five (5) years * Renewable for like periods but not to exceed 25 years;
76
T or F: Alien employment is not allowed for MPP
False: Alien employment IS ALLOWED but LIMITED TO SPECIALIZED POSITIONS
77
terms and conditions of an MPP
* Assume full responsibility and be liable for damages to private or public properties affected by its operation; * Use best available anti-pollution technology and facilities; * Shall not discriminate on the basis on gender; * Pay fees, taxes, other obligations; * Comply with ECC
78
permit needed to transport all ores including gold bullions
Ore Transport Permit
79
document needed for assay and pilot testing purposes;
Certificate of Transport Clearance
80
6 Common Acts of Illegal Mining
Mining operation within a No-Go Zone/SSM outside Minahang Bayan Mining via hydraulicking or compressor mining Unauthorized mineral extraction and transport in the guise of environmental clean-up Large-scale mining in the guise of SSM Black sand mining in guise of dredging or sand and gravel quarrying SSM of metallic minerals other than gold/silver/ chromite
81
Mining operations without appropriate permit or not in accordance with the rules and regulations
Illegal Mining
82
Penal provision stating "Any person who knowingly presents any false application, declaration, or evidence to the Government or publishes or causes to be published any prospectus or other information containing any false statement relating to mines, MOs or MAs, FTAAs"
Section 101 False Statements
83
how much can be penalized by a person violating Section 101 penal provision
a fine of not exceeding Ten thousand pesos (P10,000.00).
84
Penal provision stating "Any person undertaking exploration work without the necessary exploration permit"
Section 102 Illegal Exploration
85
how much can be penalized by a person violating Section 102 Illegal Exploration
a fine of not exceeding Fifty thousand pesos (P50,000.00).
86
Penal provision stating "Any person extracting minerals and disposing the same without a mining agreement, lease, permit, license, or steals minerals or ores or the products thereof from mines or mills or processing plants"
Section 103 Theft of Minerals
87
how much can be penalized by a person violating Section 103 Theft of Minerals
upon conviction, be imprisoned from six (6) months to six (6) years or pay a fine from Ten thousand pesos (P10,000.00) to Twenty thousand pesos (P20,000.00) or both, at the discretion of the appropriate court. he shall be liable to pay damages and compensation for the minerals removed, extracted, and disposed of. In the case of associations, partnerships, or corporations, the president and each of the directors thereof shall be responsible for the acts committed by such association, corporation, or partnership.
88
permit needed for the extraction, removal and disposition of quarry resources
quarry permit
89
quarry resources include, 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
90
who are the qualified persons for a quarry permit
limited to Filipinos or Filipino-owned corporations
91
area limit for quarry permits
5 hectares or less
92
term for quarry permit
5 year term; renewable for like terms but not to exceed a total term of 25 years
93
permit needed for extraction, removal and disposition of sand and gravel and other loose or unconsolidated materials
sand and gravel permits
94
who are the qualified persons for industrial and commercial sand and gravel permits
limited to Filipinos or Filipino-owned corporations
95
term duration for sand and gravel permits
1 to 5 year terms; renewable for like terms
96
T or F: only (one) 1 sand and gravel permit shall be granted to a qualified person in a municipality
True
97
permit needed for the extraction, removal and disposition of sand and gravel and other loose or unconsolidated materials necessitating the use of mechanical processing
Industrial Sand and Gravel Permits
98
term duration for industrial sand and gravel permit
5 year term; renewable for like terms but not to exceed a total term of 25 years
99
permit needed for the Extraction, removal and disposition of sand and gravel and other loose or unconsolidated materials and used in their natural stat
Commercial Sand and Gravel Permit
100
area for commercial sand and gravel permit
1 hectare or less
101
term duration for commercial sand and gravel permits
1 year term renewable for a like period
102
Permit for the extraction and utilization of sand and gravel or loose/ unconsolidated materials for construction of buildings and/or infrastructure for public use
Government Gratuitous Permit
103
who is the Government Gratuitous Permit for?
Issued to any Government entity/ instrumentality
104
term duration of Government Gratuitous Permit
Co-terminus with the project stage but not to exceed 1 year
105
area limit of Government Gratuitous Permit
2 hectares or less in public/private land
106
what document needs to be submitted for the Government Gratuitous Permit
project proposal
107
Permit needed for the private Extraction and utilization of quarry, sand and gravel or loose/unconsolidated materials
Private Gratuitous Permit
108
the Private Gratuitous Permit is issued by ?
any landowner in his/her private land
109
term duration for Private Gratuitous Permit
60 calendar days; non-renewable
110
what needed documents are to be submitted when asking for Private Gratuitous Permit
submission of proof of ownership of land and that the materials shall be used for personal use
111
Permit needed for the Extraction, disposition and/or utilization of guano and other organic fertilizer deposits
Guano Permit
112
location for Guano Permit
caves or confined sites
113
who is illegible to apply for Guano Permit
applicants domicile is w/in the municipality
114
term duration for Guano Permit
term of 1 year or upon extraction of specified quantity
115
T or F: 1 permit per person for Guano permits
False: 1 permit PER CAVE
116
Permit needed for the Extraction, removal and disposition of loose stones useful as gemstone
Gemstone Gathering Permit
117
term duration for Gemstone Gathering Permit
1 yr renewable for like period
118
what extraction method is need to qualify for Gemstone Gathering Permit
manual gathering without the aid of any tools/mechanical equipment
119
term duration for Gemstone Gathering Permit
1 year term renewable for like period
120
4 common characteristics of Small-scale mining
Labor intensive Includes Artisanal Small-Scale Gold Mining Uses simple implements and methods Minimal investment on mining, infrastructures and processing
121
Revised Implementing Rules and Regulations of the People’s Small-Scale Mining Act of 1991
Department Administrative Order No. 2022-03
122
Enumerate the evolution of the small-scale mining law
PD No. 581 Prescribing heavier penalty for highgrading from a mining claim (Nov. 13, 1974) PD No. 1150 Amending PD No. 581 and Regulating Panning or Sluicing for Gold Inside Mining Claims or in Public or Private Lands (June 6, 1977) PD No. 1899 Establishing Small-Scale Mining as a New Dimension in Mineral Dev’t. (Jan. 20, 1984) RA No. 7076 The Small-Scale Mining Act… Creating a People’s Small-Scale Mining Program (June 27, 1991)
123
According to EO No. 79, what are the 6 measures to improve SSM activities?
Compliance with RA No. 7076 and PD No. 1586, the EIS System  Confinement of activities within Minahang Bayan or People’s Small-Scale Mining Areas  Operationalization of the P/CMRBs  Limitation of metallic minerals to gold, silver and chromite  Prohibition on the use of mercury in small-scale mining;  Provision of technical assistance to small-scale miners
124
Enumerate the titles of sections 5-8 under DAO 2022-03
Section 5 General Provision Section 6 Registration and Licensing of Small-scale Miners Section 7 Areas Open for Declaration as Minahang Bayan Section 8 Suitability of a Minahang Bayan for Smale-scale Mining
125
Enumerate the steps in order to apply for SSMC
*refer to slide 62*
125
Section 5. General Provision No small-scale mining shall be undertaken outside a ________ and that no entity shall engage in small-scale mining without a _______. Likewise, no person shall work or be hired to work in small-scale mining and other similar operations unless registered with _______.
Minahang Bayan; Small-scale Mining Contract; the Board
126
SECTION 6. Registration and Licensing of Small-scale Miners. All persons undertaking or intending to undertake small-scale mining operations within a declared Minahang Bayan area shall register with the Board as ________, as the case may be, subject to payment of the corresponding license application fee (unsa na other requirements???)
small-scale miner
127
SECTION 7. Areas Open for Declaration as Minahang Bayan. The Board shall have the authority to ______ and ______ Minahang Bayan in mineralized areas onshore suitable for small-scale mining, except in areas __________ as provided in Section 1 of the Executive Order (EO) No. 79 dated July 6, 2012, and shall not exceed ___________, subject to review by the ________ thru the _________.
declare; set aside; closed to mining applications; 2 contiguous meridional blocks; Secretary; Director
128
SECTION 8. Suitability of a Minahang Bayan for Small-Scale Mining. An area may be considered for declaration as Minahang Bayan, subject to the following conditions, as determined by the ______ concerned
Regional Office

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