RA 7942: THE PHILIPPINE MINING ACT OF 1995 Flashcards
(38 cards)
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
Regalian Doctrine
an act creating a people’s small-scale mining program and for other purposes
PEOPLE’S SMALL-SCALE MINING ACT OF 1991(R.A. 7076):
revised implementing rules and regulations of Republic Act No. 7076 otherwise known as “peoples small scale mining act of 1991”
DAO NO. 2022-03
an act instituting a new system of mineral resources exploration, development, utilization, and conservation
PHILIPPINE MINING ACT OF 1995 (R.A. 7942):
providing for a consolidated DENR administrative order for the IRR of Republic Act No. 7942, otherwise known as the “Philippine Mining Act of 1995”
DAO NO. 2010-21
AREAS CLOSED TO MINING APPLICATIONS
- Military Bases and Gov reservations
- Pub/Priv Infrastructure
- Covered by Existing Mining Rights
- Covered by Small Scale Miners
- Covered by NIPAS LAW
Additional of Tourism development areas, as identified in the National Tourism Development Plan (NTDP) as prohibited.
Executive Order No. 79 series of 2012
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
ANCESTRAL LANDS
TENEMENTS ISSUED BY DENR-MGB
- Exploration Permit (EP)
- Mineral Agreements
- Financial or Technical Assistance Agreements (FTAA) 4. Mineral Processing Permits (MPP)
- Industrial Sand and Gravel Permits (>5 to 20 hectares)
- OTPs/MOEPs
PERMITS ISSUED BY LOCAL GOV’T
- Small-Scale Mining Contracts
- Quarry Permits
- Sand and Gravel Permits (5 hectares & below)
- Guano Permits
- Gemstone Gathering Permits
- OTPs/MOEPs
Maximum Areas, Term, and QP Under Exploration Permits
- 32000 onsh, 81000 offsho
- 2 years renewable, max of 8 years
- indivs of PH or foreign corp
Maximum Areas, Term, and QP Under MPSA
- 5000 ha onsh, 40 500 ha ha offsho
- 25 years; renewable for another 25
- Indivs or PH Crops
Maximum Areas, Term, and QP Under FTAA
- 81 000 onshore, 324 000 offsho
- 25 years; renewable for another 25
- Filo or 100% foreign corp
Stages of mining op
- Exploration
- Development
- Production
- Decommissioning
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.
Exploration
EXPLORATION PERMIT
period of 2 years renewable three times or a total of 8 years
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.
sixty (60)
REQUIREMENTS 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
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)`
means a contract involving financial or technical assistance for large-scale exploration, development and utilization of mineral resources.
FINANCIAL OR TECHNICAL ASSISTANCE AGREEMENT (FTAA)
No FTAA for ________
cement raw materials, sand & gravel and construction aggregates;
in an FTAA, there must be a Commitment in the contract agreement to invest
USD $ 50,000,000.00
Minimum authorized capital of ____ during FTAA application
USD $ 4,000,000.00
How many years for a pre-feasibility and feasibility study
2 years each
