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laws finals > RA 7942: THE PHILIPPINE MINING ACT OF 1995 > Flashcards

RA 7942: THE PHILIPPINE MINING ACT OF 1995 Flashcards

1
Q

All lands 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 natural resources are owned by the State.

What Doctrine is this

A

Regalian Doctrine

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2
Q

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

A

PEOPLE’S SMALL-SCALE MINING ACT OF 1991(R.A. 7076):

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3
Q

revised implementing rules and regulations of Republic Act No. 7076 otherwise known as “peoples small scale mining act of 1991”

A

DAO NO. 2022-03

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4
Q

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

A

PHILIPPINE MINING ACT OF 1995 (R.A. 7942):

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5
Q

providing for a consolidated DENR administrative order for the IRR of Republic Act No. 7942, otherwise known as the “Philippine Mining Act of 1995”

A

DAO NO. 2010-21

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6
Q

AREAS CLOSED TO MINING APPLICATIONS

A
  • Military Bases and Gov reservations
  • Pub/Priv Infrastructure
  • Covered by Existing Mining Rights
  • Covered by Small Scale Miners
  • Covered by NIPAS LAW
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7
Q

Additional of Tourism development areas, as identified in the National Tourism Development Plan (NTDP) as prohibited.

A

Executive Order No. 79 series of 2012

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8
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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9
Q

TENEMENTS ISSUED BY DENR-MGB

A
  1. Exploration Permit (EP)
  2. Mineral Agreements
  3. Financial or Technical Assistance Agreements (FTAA) 4. Mineral Processing Permits (MPP)
  4. Industrial Sand and Gravel Permits (>5 to 20 hectares)
  5. OTPs/MOEPs
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10
Q

PERMITS ISSUED BY LOCAL GOV’T

A
  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
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11
Q

Maximum Areas, Term, and QP Under Exploration Permits

A
  • 32000 onsh, 81000 offsho
  • 2 years renewable, max of 8 years
  • indivs of PH or foreign corp
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12
Q

Maximum Areas, Term, and QP Under MPSA

A
  • 5000 ha onsh, 40 500 ha ha offsho
  • 25 years; renewable for another 25
  • Indivs or PH Crops
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13
Q

Maximum Areas, Term, and QP Under FTAA

A
  • 81 000 onshore, 324 000 offsho
  • 25 years; renewable for another 25
  • Filo or 100% foreign corp
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14
Q

Stages of mining op

A
  • Exploration
  • Development
  • Production
  • Decommissioning
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15
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 quantity and the feasibility of mining them for profit.

A

Exploration

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16
Q

EXPLORATION PERMIT

A

period of 2 years renewable three times or a total of 8 years

17
Q

holders of the tenements are required to submit certain requirements within ______ 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.

A

sixty (60)

18
Q

REQUIREMENTS TO SUPPORT AN EP APPLICATION

A

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

19
Q

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.

A

Mineral Production Sharing Agreement (MPSA)`

20
Q

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

A

FINANCIAL OR TECHNICAL ASSISTANCE AGREEMENT (FTAA)

21
Q

No FTAA for ________

A

cement raw materials, sand & gravel and construction aggregates;

22
Q

in an FTAA, there must be a Commitment in the contract agreement to invest

A

USD $ 50,000,000.00

23
Q

Minimum authorized capital of ____ during FTAA application

A

USD $ 4,000,000.00

24
Q

How many years for a pre-feasibility and feasibility study

A

2 years each

25
Q

FTAA holder shall acquire any title over the mining area except surface rights (T of F)

A

F

26
Q

term of Mineral Processing Permit

A

5 years

27
Q

terms and conditions for Mineral Processing Permit

A
  • 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
28
Q

for the extraction, removal and disposition of quarry resources

A

QUARRY PERMIT

29
Q

A Quarry permit covers __ ha

A

5 or less

30
Q
  • extraction, removal and disposition of sand and gravel and other loose or unconsolidated materials
  • limited to Filipinos or Filipino-owned corporations
A

SAND AND GRAVEL PERMITS

31
Q
  • Extraction, removal and disposition of sand and gravel and other loose or unconsolidated materials necessitating the use of mechanical processing
  • limited to Filipinos or Filipino-owned corporations
  • 5 year term; renewable for like terms but not to exceed a total term of 25 years
  • only (one) 1 permit shall be granted to a qualified person in a municipality
A

INDUSTRIAL SAND AND GRAVEL PERMIT

32
Q

a commercial sand and gravel permit covers how many ha

A

1 or less

33
Q

Permit for the extraction and utilization of sand and gravel or loose/ unconsolidated materials for construction of buildings and/or infrastructure for public use

A

GOVERNMENT GRATUITOUS PERMIT

34
Q

area given in a gratuitous permit

A

2 ha or less

35
Q
  • Extraction and utilization of quarry, sand and gravel or loose/ unconsolidated materials
  • any landowner in his/her private land
  • 60 calendar days; non-renewable
  • submission of proof of ownership of land and that the materials shall be used for personal use
A

PRIVATE GRATUITOUS PERMIT

36
Q

Extraction, disposition and/or utilization of guano and other organic fertilizer deposits

A

GUANO PERMIT

37
Q

area given in a guanopermit

A

5 ha or less in confined spaces

38
Q
  • Extraction, removal and disposition of loose stones useful as gemstone
  • 1 year term renewable for like period
  • manual gathering without the aid of any tools/mechanical equipment
A

GEMSTONE GATHERING PERMIT

laws finals (9 decks)

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