MINING LAWS AND ENVIRONMENTAL LAWS

Question 1

Republic Act No. 7942

Answer 1

The Philippine Mining Act of 1995

Question 2

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.

Answer 2

Regalian Doctrine

Question 3

It shall be the responsibility of the State to promote their rational _____, _____, _____, and _____ through the combined efforts of government and the private sector in order to enhance national growth in a way that effectively safeguards the environment and protect the rights of affected communities.

Answer 3

exploration, development, utilization, and conservation

Question 4

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.

Answer 4

Ancestral lands

Question 5

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).

Answer 5

Block or meridional block

Question 6

The Mines and Geosciences Bureau under the Department of Environment and Natural Resources.

Answer 6

Bureau

Question 7

Land or body of water delineated for purposes of exploration, development, or utilization of the minerals found therein.

Answer 7

Contract area

Question 8

The Department of Environment and Natural
Resources.

Answer 8

Department

Question 9

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.

Answer 9

Environmental compliance certificate (ECC)

Question 10

Is 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.

Answer 10

“Environmental impact statement (EIS)

Question 11

the water, sea bottom and subsurface measured from the baseline of the Philippine archipelago up to two hundred nautical miles (200 n.m.) offshore.

Answer 11

Exclusive economic zone

Question 12

Acts or circumstances beyond the reasonable control of contractors 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 the 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

Answer 12

Force majeure

Question 13

Any corporation, partnerships, 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.

Answer 13

“Foreign-owned corporation

Question 14

the government of the Republic of the Philippines.

Answer 14

Government

Question 15

A group or tribe or 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.

Answer 15

Indigenous cultural community

Question 16

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.

Answer 16

Minerals

Question 17

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.

Answer 17

Private land

Question 18

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.

Answer 18

Public land

Question 19

means the process of extracting, removing and disposing quarry resources found on or underneath the surface of private or public land.

Answer 19

Quarrying

Question 20

In the beginning, all land are part of public domain and fall under this classification by default.

Answer 20

Forest land

Question 21

Can be acquired thru congress

Answer 21

Agricultural Land

Question 22

Can be acquired by acquiring mineral/mining permit

Answer 22

Mineral Land

Question 23

Can be acquired thru congress by “law”

Answer 23

National Park

Question 24

If the person has been living in the forest land for __ years and continuously, they can request a patent for them to own the forest land

Answer 24

30

Question 25

Only Agricultural land is _____ and _____

Answer 25

alienable and disposable

Question 26

Mining operations in existing mineral reservations and such other reservations as may thereafter be established, shall be undertaken by the Department or through a contractor: Provided, That a small scale-mining cooperative covered by Republic Act No. 7076 shall be given preferential right to apply for a small-scale mining agreement for a maximum aggregate area of _____ of such mineral reservation, subject to valid existing mining/quarrying rights as provided under Section 112 Chapter XX hereof.

Answer 26

twenty-five percent (25%)

Question 27

All _____ lands within the contiguous zone and in the 9 exclusive economic zone of the Philippines are hereby declared to be mineral reservations

Answer 27

submerged

Question 28

__ out of 10 mineral reservations were declared by the national government based on results of the then Bureau of Mines’s in-house exploration program.

Answer 28

6

Question 29

Mineral Reservations

Answer 29

Surigao Laterite Mineral Reservation, Zambales Chromite Mineral Reservation, Siruma White Clay Mineral Reservation, Offshore Mineral Reservation, Samar Bauxite Mineral Reservation Ilocos Norte Feldspar Mineral Reservation Zamboanga Mineral Reservation in 1987,  Biak-Na-Bato Mineral Reservation in 1989,  The lahar-affected rivers and embankment areas in the provinces of Pampanga, Tarlac and Zambales in 1999 and the Davao Mineral Reservation in 2002.

Question 30

Any citizen of the Philippines w/ capacity to contract, or a corporation partnership, association, or cooperative organized or authorized for the purpose of engaging in mining, with technical and financial capacity to undertaken mineral resources development and duly registered in accordance with law at least 60% of the capital of w/c is owned by citizen of the Philippines; Provided, that a legally organized foreign-owned corp. shall be deemed a qualified person for purposes of granting an exploration permit, FTAA or MP permit

Answer 30

Qualified Person

Question 31

grants the right to conduct exploration for all minerals in specified areas.

Answer 31

Exploration Permit

Question 32

have the authority to grant an exploration permit to a qualified person

Answer 32

Bureau

Question 33

Exploration permit term:

Answer 33

2 years

Question 34

Non-metallic Exploration permit renewable for:

Answer 34

4 years

Question 35

Metallic Exploration permit renewable for:

Answer 35

6 years

Question 36

Covered Area for Exploration Permit: Onshore (One Province) Individual

Answer 36

20 Blocks

Question 37

Covered Area for Exploration Permit: Onshore (One Province) Partnership, Corp, Coop, Assc

Answer 37

200 Blocks

Question 38

Covered Area for Exploration Permit: Onshore (Entire Philippines) Individual

Answer 38

40 Blocks

Question 39

Covered Area for Exploration Permit: Onshore (Entire Philippines) Partnership, Corp, Coop, Assc

Answer 39

400 Blocks

Question 40

Covered Area for Exploration Permit: Offshore (Beyond 500nm from low tide) Individual

Answer 40

100 Blocks

Question 41

Covered Area for Exploration Permit: Offshore (Beyond 500nm from low tide) Partnership, Corp, Coop, Assc

Answer 41

1,000 Blocks

Question 42

In the Exploration Permit the Permittee shall annually relinquish at least _______ of the Permit Area during the first 2 years of exploration

Answer 42

20%

Question 43

In the Exploration Permit the Permittee shall annually relinquish at least 20%of the Permit Area during the first 2 years of exploration and at least _____ of the remaining permit area annually during the renewed Exploration Period

Answer 43

10%

Question 44

In the Exploration Permit If the Permit Area is less than __________ the permittee need not relinquish any part thereof

Answer 44

5000 Hectares

Question 45

True or False: Exploration Permit may not be transferred or assigned to a qualified person

Answer 45

False: Exploration Permit may be transferred or assigned to a qualified person subject to the approval of the secretary upon the recommendation of the Director

Question 46

True or False : Heirs or successors-in-interest has the right to enter, occupy and explore the area

Answer 46

True

Question 47

After the exploration the permittee can apply for ________ and _______ under certain qualification

Answer 47

Mineral Agreement and FTAA

Question 48

Areas that are Close to Mining

Answer 48

(a) In military and other government reservations, except upon prior written clearance by the government agency concerned; (b) Near or under public or private buildings, cemeteries, archeological and historic sites, bridges, highways, waterways, railroads, reservoirs, dams or other infrastructure projects, public or private works including plantations or valuable crops, except upon written consent of the government agency or private entity concerned; (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 as defined by law unless with prior consent of the small-scale miners, in which case a royalty payment upon the utilization of minerals shall be agreed upon by the parties, said royalty forming a trust fund for the socioeconomic development of the community concerned; (f) Old growth or virgin forests, proclaimed watershed forest reserves, wilderness area, mangrove forests, mossy forests, national parks, provincial/municipal forests, parks, greenbelts, game refuge and bird sanctuaries as defined by law and in areas expressly prohibited under the National Integrated Protected Area System (NIPAS) under Republic Act No. 7586, Department Administrative Order No. 25, series of 1992 and other laws.

Question 49

is an agreement where the Government grants to the contractor the exclusive right to conduct mining operations within a contract area and shares in the gross output. The contractor shall provide the financing, technology, management and personnel necessary for the implementation of this agreement.

Answer 49

Mineral Production Sharing Agreement

Question 50

is an agreement between the Government and the contractor wherein the Government shall provide inputs to the mining operations other than the mineral resource.

Answer 50

Co-Production Agreement

Question 51

is an agreement where a joint-venture company is organized by the Government and the contractor with both parties having equity 15 shares. Aside from earnings in equity, the Government shall be entitled to a share in the gross output.

Answer 51

Joint Venture Agreement

Question 52

Terms of Mineral Agreement

Answer 52

25 years and can be renewed for another 25 years

Question 53

Mineral Agreement: Onshore (One Province) Individual

Answer 53

10 Blocks

Question 54

Mineral Agreement: Onshore (One Province) Partnership Corp, Coop, Assc

Answer 54

100 Blocks

Question 55

Mineral Agreement: Onshore (Entire Philipppines) Individual

Answer 55

20 Blocks

Question 56

Mineral Agreement: Onshore (Entire Philippines) Partnership Corp, Coop, Assc

Answer 56

200 Blocks

Question 57

Mineral Agreement: Offshore (Entire Philippines) Individual

Answer 57

50 Blocks

Question 58

Mineral Agreement: Offshore (Entire Philippines) Partnership Corp, Coop, Assc

Answer 58

500 Blocks

Question 59

True or False: The contractor may apply for cancellation of the mineral agreement due to cause which, in the opinion of the contractor; make continued mining operations no longer feasible or viable.

Answer 59

True: Provided that, the contractor has met all its financial fiscal and legal obligations

Question 60

Applicable for foreign-owned mining companies

Answer 60

Financial or Technical Assistance Agreement (FTAA)

Question 61

Term of FTAA

Answer 61

25 yrs and renewable for 25 years

Question 62

Minimum capital for FTAA

Answer 62

US$ 50 Million

Question 63

True or False: FTAA is applicable to cement raw materials, marble, granite, sand and gravel, and construction aggregates

Answer 63

False: Not applicable to cement raw materials, marble, granite, sand and gravel, and construction aggregates

Question 64

FTAA : Onshore

Answer 64

1,000 Meridional Blocks

Question 65

FTAA: Offshore

Answer 65

4,000 Meridional Blocks

Question 66

FTAA: Combination of Onshore and Offshore

Answer 66

Must not exceed the maximum limits for onshore and offshore

Question 67

In withdrawal or termination of FTAA, The contractor shall manifest in writing to the ___________ his intention to withdraw from the agreement, if in his judgement the mining project is no longer economically feasible.

Answer 67

Secretary

Question 68

Guarantor for FTAA

Answer 68

Department to President

Question 69

years of contract for quarry Permit

Answer 69

5 yrs renewable to a period not exceeding to total of 25 yrs

Question 70

Covered area for Quarry Permit

Answer 70

Minimum of 5 Has

Question 71

Guarantor for Quarry Permit

Answer 71

Provincial Governor

Question 72

Covered Area for Commercial Sand and Gravel Permit

Answer 72

Not more than 5 Has

Question 73

Guarantor for Commercial Sand and Gravel Permit

Answer 73

Provincial Governor

Question 74

Years of Contract for Industrial Sand and Gravel Permit

Answer 74

5 yrs renewable to a period not exceeding to total of 25 years

Question 75

Covered Area for Industrial Sand and Gravel Permit

Answer 75

More than 5 has

Question 76

Guarantor for Industrial Sand and Gravel Permit

Answer 76

Bureau

Question 77

Guarantor for Exclusive Sand and Gravel Permit

Answer 77

Provincial Governor

Question 78

Covered area for Government Gratuitous Permit

Answer 78

not more than 2 has

Question 79

Guarantor for Government Gratuitous Permit

Answer 79

Provincial Governor

Question 80

Guarantor for Private Gratuitous Permit

Answer 80

Provincial Governor

Question 81

Guarantor for Guano Permit and Gemstone Gathering Permit

Answer 81

Provincial Governor

Question 82

Mineral Processing Permit Terms

Answer 82

5 yrs, renewable for like periods, up to a maximum of 25 years

Question 83

True or False: Mineral Processing permit allows both local and 100% foreign-owned corporations

Answer 83

True

Question 84

Mineral Processing Permit with cost of more than PhP 500 Million is issued by

Answer 84

Secretary/ DENR Secretary

Question 85

Mineral Processing Permit with cost of more than PhP 200 Million but less than PhP 500 Million is issued by

Answer 85

MGB Director

Question 86

Mineral Processing Permit with cost of PhP 200 Million or lesser is issued by

Answer 86

MGB Regional Director

Question 87

Income Tax

Answer 87

35 % of taxable income

Question 88

Excise Tax

Answer 88

4 % of actual value of minerals extracted

Question 89

Royalties, if extracted from government Mineral Reservation

Answer 89

5% of market value

Question 90

Lead agency for environmental impact statement

Answer 90

Environmental Management Bureau

Question 91

Project proponent of environmentally critical projects and projects within environmentally critical areas must obtain an environmental compliance certificate prior to commencement

Answer 91

Environmental Impact Statement

Question 92

States all mining projects considered environmentally critical

Answer 92

Environmental Impact Assessment

Question 93

States the Program to address environmental impact and defines financial commitment to be included in the annual exploration budget.

Answer 93

Environmental Work Program

Question 94

Provides specific annual plans, programs and activities to institute environmental protection measures and/or rehabilitate mining affected areas, during development and production stages and gives support in attaining the objectives of the Environmental Clearance Certificate granted.

Answer 94

Environmental Protection and Enhancement Program

Question 95

Provides activities to achieve mine closure, decommissioning, rehabilitation, residual care

Answer 95

Final Mine Rehabilitation/Decommissioning Plan

Question 96

Establishment of a Fund to be deposited during early years of the mine life.

Answer 96

Final Mine Rehabilitation/Decommissioning Plan

Question 97

This Order shall cover the guidelines for the filing, processing and issuance of Mineral Ore Export Permit (MOEP) for the transport/shipment outside the Philippines of all mineral ore(s), including tailings; by permit holders and other mining rights holders, including small scale mining permits.

Answer 97

DENR Administrative Order No. 2008-20

Question 98

Every transport/shipment outside the Philippines of mineral ore(s), including tailings by permit holders and other mining rights holders, including small scale mining permits, must be accompanied by the _____________

Answer 98

Mineral Ore Export Permit (MOEP)

Question 99

Mineral Ore Export Permit is issued by the

Answer 99

Secretary

Question 100

True or False: In transporting/ shipping mineral ores outside the Philippines Mineral Ore Export Permit is all you need

Answer 100

False: It must be must be accompanied by the MOEP issued by the Secretary and the proof of payment of the required excise tax.

Question 101

In moving or transporting ore minerals this permit is needed

Answer 101

Ore Transport Permit

Question 102

Republic Act No. 7076

Answer 102

People's Small Scale Mining act of 1991

Question 103

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

Answer 103

Qualified Miners

Question 104

RA7076: A contractor must be an individual or cooperative of small-scale miners, registered with the _______________ or other appropriate government w/ the State for the small scale utilization of a plot of mineral land w/in a people’s small-scale mining area.

Answer 104

Securities and Exchange Commission

Question 105

A 2 years program of activities and methodologies employed in the extraction and production of minerals or ore-bearing materials, including financial plan and other resources in support thereof.

Answer 105

Mining Plans

Question 106

Years of Contract for Small Scale Mining

Answer 106

2 yrs renewable subject to the verification of the boards

Question 107

Covered Area for small scale miners

Answer 107

no case shall the area exceed 20 has. per contractor

Question 108

Guarantor for Small Scale mining

Answer 108

Bureau

Question 109

Republic Act No. 8371

Answer 109

Indigenous People's Rights Act of 1997 (IPRA)

Question 110

Republic Act No. 8749

Answer 110

Philippine Clean Air Act of 1999

Question 111

Republic Act (R.A.) No. 9275

Answer 111

Philippine Clean Water Act of 2004

Question 112

Republic Act (RA) 9003

Answer 112

Ecological Solid Waste Management Act of 2000

Question 113

Republic Act No. 6969

Answer 113

Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990

Question 114

Republic Act No. 3931

Answer 114

Pollution Control Law

Question 115

Republic Act 7586

Answer 115

National Integrated Protected Areas System (NIPAS) Act of 1992

Question 116

Republic Act No. 4209

Answer 116

Geology Profession Law of the Philippines

Question 117

Republic Act No. 10166

Answer 117

Geology Profession Act of 2012

Question 118

Executive Order No. 79

Answer 118

“No Go Zone”

Question 119

Republic Act No. 9513

Answer 119

Renewable Energy Act of 2008

Question 120

Presidential Decree No. 972

Answer 120

The Coal Development Act of 1976

Question 121

Presidential Decree No. 87

Answer 121

The Oil Exploration And Development Act Of 1972