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Mining Law
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Recent Trends in the Mining
Industry
Global Environmental Problems
Stratospheric ozone depletion
Greenhouse climate change
Biodiversity loss
Land use competition
Bio-fuels
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Recent Trends in the Mining
Industry
Impacts
Corporateconsolidation
Financial marketpressure
International reportingstandards (JORC)
Demand forprofessionals in theresources industry
Increased focus onsustainability
Create sustainablecommunities
Appropriateenvironmentalmanagement
Communication with
civil society/NGOs Sound governance
corporate socialresponsibility
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Environmental Economics
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Mining as a Major Industry
Located in the Pacific "Ring of Fire",the Philippines rank as one of themost highly mineralized countries:
- third in gold, fifth in nickel, andsixth in chromite
- untapped mineral wealth estimatedat US$840 billion (NEDA)
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Mining as a Major Industry
Tremendous remaining potential foradditional discoveries, since, despiteit's vast mineral wealth, the
Philippines has seen little modernexploration.
The Philippines provides a naturalgateway to other Asia Pacificeconomies, particularly China, withits voracious demand for metals.
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Developments in the Philippine
Mining Industry A change in government policy from
tolerance to active promotion of mining(EO 270, Jan. 2004, setting the NationalPolicy Agenda on Revitalizing Mining in the
Philippines). 100% foreign ownership allowed following
the December 2004, Supreme Courtdecision abolishing all legal obstacles tothe implementation of the PhilippineMining Act of 1995.
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Developments in the Philippine
Mining Industry
Rapu-rapu mine accident Conflict between national and local
governments over taxation Insurgency small-scale mining
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Mining Laws and other Regulations
Philippine Constitution of 1987(Constitution)
Philippine Mining Act of 1995(Mining Act)
Mining Act Revised ImplementingRules and Regulations
Other Laws
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Constitution
All lands of the public domain, water,minerals, coal, petroleum, and othermineral oils, all forces of potential energy,
fisheries, forests or timber, wildlife, floraand other natural resources are owned bythe state.
The exploration, development and
utilization of these natural resources areunder the full control and supervision ofthe State.
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Constitution
The State has the option of enteringinto co-production, joint venture orproduction sharing agreements with
Philippine citizens of Philippinecorporations or associations.
At least 60% of the capital of acorporation or association must beowned by Phil. Citizen to qualify as aPhilippine corporation or association.
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Constitution
Exception to the nationalityrequirement: The Constitutionauthorizes the President to enter into
agreements with foreign-ownedcorporations involving either financialor technical assistance, for large-
scale exploration, development andutilization of minerals, petroleum andother mineral oils.
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Constitution
Ownership of natural resources(Regalian doctrine) if an investorwishes to acquire the right to extract
or develop natural resources, hemust enter into an agreement withState
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TYPES OF MINING PERMITS/CONTRACTS1. Mining Lease Contracts (MLCs)
2. Exploration Permits (EPs)
3. Mineral Agreements
4. Financial or Technical AssistanceAgreement
5. Mineral Processing Permit
6. Quarry Permit
7. Small-Scale Mining Permits
8. Sand and Gravel Permits
9. Ore Transport Permits
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TYPES OF MINING PERMITS/CONTRACTS(under Presidential Decree No. 463)
Declarat ion of Location (DOLs)
Document attesting to the filing of a mining claim
Allows the claimowner (mining applicant) to enter, occupy
and conduct mineral exploration within the claimed area;
Given the priority right to apply for any of the new modes ofpermits/agreements under Mining Act of 1995.
Mining Lease Con tracts
Contract allowing the lesee to explore, develop, extract and
utilize minerals from the contract area;
Respected up to the end of term under the Mining Act of
1995; lessee is given the preferential right to apply for a
Mineral Agreement.
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TYPES OF MAJOR MINING TENEMENTS(under the Mining Act of 1995)
A. TENEMENTS ISSUED BY DENR-MGB1. Exploration Permit
2. Mineral Agreement
Mineral Production Sharing Agreement
Joint Venture Agreement
Co-Production Agreement
3. Financial or Technical Assistance Agreement
4. Mineral Processing Permit
5. Industrial Sand and Gravel Permit (>5 to 20
hectares)
B. PERMITS ISSUED BY LOCAL GOVT1. Quarry Permit
2. Small-Scale Mining Permits
3. Sand and Gravel Permits (5 hectares & below)
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EXPLORATION PERMIT(EPs)Allows the permittee to conduct exploration workfor a limited period only.
Two (2) years, renewable for like periods up to6/8 yrs;
Maximum area: 16,200 hectares/Province;32,000 hectares in entire the
country Area relinquishment: 25% for the first 2 years;
10% /year, thereafter Open to companies with up to 100% foreign
ownership; Priority to enter into either an MPSA or FTAA after
submission and approval of Declaration of MiningProject Feasibility;
Can be transferred or assigned to other qualified
individuals/corporations.
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MINERAL AGREEMENTS (MAs)a. Mineral Production Sharing Agreement
(MPSA) Exclusive right to conduct mining operations w/in a
contract area Limited to Filipinos or Filipino-owned corporations
(Foreign equity not to exceed 40%)
Minimum authorized capital of PhP 10 M and paid-up ofPhP 2.5 M
Maximum area for juridical entity: 8,100 Has./Province;16,200 Has. for the entire country
Contract period of 25 yrs; renewable for another 25yrs;
Two (2) years Exploration Period; renewable for likeperiods up to 6/8 yrs; three (3) years Constructionand Development Period; the rest for production
Can be assigned to any qualified individuals/corporations
Can be converted into an FTAA
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MINERAL AGREEMENTS (MAs)
b. Co-Production Sharing AgreementAn agreement between the Government and the
Contractor wherein the former shall provide inputs to the
mining operations other than the mineral resource.c. Joint Venture Agreement
An Agreement where a joint venture company is
organized by the Government and the Contractor with
both parties having equity share. Aside from the
earnings in equity, the Government shall be entitled to ashare in the Gross Output.
* These two modes of agreement have not been made
operational due inability of government to input needed equity
shares.
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Other Permits:
MINERAL PROCESSING PERMITS
A 5-year Term, renewable for like periods, up to a
maximum of 25 years;
Allows both local and 100% foreign-owned corporations;
Requirement to submit adequate ore supply contract to
justify the establishment of the processing plant; Can be granted for cement plants, smelting and refining;
beneficiation plants; marble cutting and processing plants,
and others of similar nature;
Issued by the Secretary for projects with cost of more than
PhP 500 Million, by the MGB Director for projects with cost
of more than PhP 200 Million but less than PhP 500
Million, and by the MGB Regional Director for projects with
cost of PhP 200 Million or lesser.
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EXISTING MINING PERMITS/CONTRACTS
Tenement Type Number
Exploration Permits (EP) 28
Mineral Production SharingAgreements (MPSA)
228
Financial or Technical Assistance
Agreements (FTAA)
2
Mineral Processing Permits (MPP) 26
Mining Lease Contracts/Patents 312
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6 sets of application and
mandatory requirements
Filing of Application in
Regional Office
Area Status and Clearance/ Consentby MGB, DENR Sectors and/or other
Govt. Offices
Publication, Posting and RadioAnnouncement
Clearance By DENR
EP APPLICATION PROCESS FLOW
Evaluation
Approval by MGB CORegistration and Releasing
By MGB Regional Office
Proof of Sanggunian
Consultation/Approval
Certification of Publication/
Posting/Radio Announcement
NCIP CertificationPre-condition
Certification By Panel Of Arbitrators
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6 sets of application and
mandatory requirements
Filing of Application in
Regional Office
Area Status and Clearance/ Consentby MGB, DENR Sectors and/or other
Govt. Offices
Publication, Posting and RadioAnnouncement
Final Review By MGB CO
MPSA APPLICATION PROCESS FLOW
Evaluation
Approval by DENR SecretaryNumbering of MPSA by MGB
Central Office
Registration and Releasing
By MGB Regional Office
Proof of SanggunianConsultation/Approval
Certification of Publication/
Posting/Radio Announcement
NCIP CertificationPre-condition
Certification By Panel Of Arbitrators
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6 sets of application and
mandatory requirements
Filing of Application in
Regional Office
Area Status and Clearance/ Consentby MGB, DENR Sectors and/or other
Govt. Offices
Publication, Posting and RadioAnnouncement
Final Review By MGB CO /
Negotiating Panel
FTAA APPLICATION PROCESS FLOW
Certification of Publication/
Posting/Radio Announcement Evaluation
Endorsement by DENR Secretary
Numbering of MPSA by MGB CO
Registration & Releasing By MGB RO
NCIP Certification Pre-condition
Certification By Panel Of Arbitrators
Review / Approval by the President
Proof of SanggunianConsultation/Approval
Certification of Publication/
Posting/Radio Announcement
NCIP CertificationPre-condition
Certification By Panel Of Arbitrators
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GOVERNMENT SHARE FROM MININGNational Government
Income Tax = 35 % of Taxable Income;
Excise Tax = 2 % of actual value of minerals extracted; Customs Duties and Fees= prescribed under Tariff and Customs Code
Value Added Tax = 10 % of Purchase Value of Goods/Services;
Capital Gains Tax = 10-20 % of the gain;
Tax on Interest Payments to Foreign Loans = 15 % of Interest;
Tax on Foreign Stockholders Dividends = 15 % of dividend
Royalties, if extracted from government Mineral Reservation = 5% of
market value; Documentary Stamp Tax = graduated, depending on type of business
transaction
Local Government
Local Business Tax: usually minimal, rate depends on LGU;
Real Property Tax: Max. of 2 % on Fair Market Value of Property; Occupation Fee: PhP 100.00/hectare/year;
Community Tax: Approx PhP 15,000
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FISCAL REGIME OF FTAA
Entitled to a 5-Year Cost RecoveryPeriod
Exemption from payment of various nationaltaxes to enable the company to recover its
investments;
After recovery of investments, or at the end of the
5-year period, whichever comes first, thecompany pays the usual taxes and fees, plus the
additional Government Share.
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FISCAL REGIME OF FTAA
Basic Government Share
National Taxes, i.e., Excise Tac, Income Tax,
Customs Duties and Fees, etc.
Local Taxes, i.e., Business Tax, Real PropertyTax, etc.,
Additional Government Share to
achieve a cumulative Government
share equal to 50% of the Net-
Mining Revenue
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In 1997, group of NGOs petitioned the
Supreme Court to invalidate Mining Act on
the ground that foreign control over mining isunconstitutional:
Nullification of the Mining Act of 1995 and its
implementing rules and regulations
Cancellation of the Financial or Technical
Assistance Agreement (FTAA) of WMC
SUPREME COURT DECISIONON THE MINING ACT
Nature of the Case:
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January 27, 2004 SC Decision:
SC declared the following provisions asunconstitutional & void:
All provisions of the Mining Act on theFTAA
All provisions on Exploration Permits andMineral Processing Permits allowing the
participation of foreign corporations Provision on incentives to the FTAA &
Mineral Agreements (MPSAs,Co-Production & Joint-Venture Agreements)
SUPREME COURT DECISION
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December 1, 2004 SC Resolution on theMotion for Reconsideration:
New judgment declared Mining Act, IRRand WMC FTAA as Constitutional
Reversed and set aside the January 27,2004 Decision and dismissed the Petition
Affirmed Presidents prerogative to enter
into FTAA with foreign corporations toexplore, develop and utilize mineralresources
SUPREME COURT DECISION
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Highlights of the SC Resolution:
The Constitution allows the continued use ofservice contracts with foreign corporations,which are similar to FTAAs
Mining Act contains enough safeguards toregulate contractors
FTAA fiscal regime is not disadvantageous to
the State and to the Filipino people Foreigners are not prohibited from earning
profits from businesses involving naturalresources extraction
SUPREME COURT DECISION
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Important Laws Related to Mining
Environmental Impact Statement(EIS) System
Indigenous Peoples Rights Act(IPRA)
Local Government Code of 1991
Small Scale Mining Act
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EIS System
Project proponent of environmentallycritical projects and projects withinenvironmentally critical areas must
obtain an environmental compliancecertificate prior to commencement
Environmental Management Bureau
as lead agency
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ENVIRONMENTAL PROVISIONS
Environmental Impact Assessment All mining projects considered environmentally
critical;
Subject to Environmental Impact Assessment
(EIA) and to secure the necessary EnvironmentalClearance Certificate (ECC) from the
Environmental Management Bureau (EMB); and
Activities during the exploration period exempted
from the EIA/ECC requirement.
Environmental Work Program In lieu of the ECC during the exploration period;
Program to address environmental impact; and
Defines financial commitment to be included in the
annual exploration budget.
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Environm ental Protect ion and Enhancement
Prog ram (EPEP)
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 Cerrtificate granted.
Final Mine Rehabi l i tat ion /Decomm iss ion ing Plan
Provides activities to achieve mine closure, i.e.,decommissioning, rehabilitation, residual care,
etc.
Establishment of a Fund to be deposited during
early years of the mine life.
ENVIRONMENTAL PROVISIONS
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Contin gent L iabi l i ty and Rehabi l i tat ion Fund (CLRF)
Fund to be deposited in a government bank; For the just and timely compensation of
damages; For progressive and sustainable rehabilitation; Has two components:
Monitoring Trust Fund (MTF):
Replenishable fund with a minimum of PhP 150,000.00
For exclusive use of the monitoring program by the
multi-sectoral Multi-Partite Monitoring Team (composed
of national and local government, non-government
organization or NGO, and company representatives) in
the conduct of regular environmental monitoring;
Rehabilitation Cash Fund (RCF):
Replenishable fund with a minimum of PhP 5,000,000.00
or 10% of EPEP budget, whichever is lower;
For the conduct of environmental protection and
rehabilitation measures.
ENVIRONMENTAL PROVISIONS
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Mine Waste and Tail ings Fees
Based on PD No. 1251
PhP 5.00 per Metric Ton of mine waste materials
PhP 10.00 per MT of mill tailings not utilized
within a 2-year period;
PhP 50.00 per MT for any discharge of solidmaterials for tailings not properly discharged into
areas other than the duly approved tailings
disposal area
In i t ia l env ironment-related capital expend itures
10% of the total capital/project costs
Annual environmental protect ion and enhancement
act ivi t ies
3-5% of annual direct mining and milling cost
ENVIRONMENTAL PROVISIONS
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Other Laws Related to Mining
National Integrated Protected AreaSystem Law
Ecological Solid Waste Management Act Toxic Substances and Hazardous and
Nuclear Wastes Control Act Clean Air Act Clean Water Act Pollution Control Law Water Code National Environmental Users Fee of 2002
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Sustainable Development
Is mining inherently inconsistent with
sustainable development? Does it mean different things to
different people?
Does it mean something different indeveloped than in undevelopedcountries?
Is it site specific?
Is it a process or a product? Is it possible to have sustainable
development, sustainable economicgrowth, sustainable communities and a
sustainable society without mining?
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Brundtland Definition of SD
Current generations meeting their needswithout compromising the ability of futuregenerations to meet their needs
IMPLIES:
Future generations have rights over resources Current generation has a duty to include future
generations needs in its decision-making
An accounting of social and environmental
impacts Who makes the call? Government, industry
or the free market?
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Business Case for SD
What is Responsible Mining
Financially viable miningdevelopment that takes place in anenvironmentally and sociallyresponsible manner with soundgovernance that provides lasting
benefits to the community.
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Regional/Local Issues
Social and Community-RelatedIssues
- Disclosure and information sharing
- Community development plans- Consultation throughout a projectslifecycle
- Compensation and resettlement- Local economic development
- Mine closure
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Regional/Local Issues Environmental
- Legacy issues
-No-go zones for environmental impactprojects
-No-go technologies Small-scale mining
- Legal tenure
- Technical including safety andenvironmental
- Conflict resolution (with commercialmining)
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National Global Level Issues
Governance
- Transparency
- Revenue management Others
- Human rights
- Indigenous people- Impact on global climate change
Sustainable Development in the Context of
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Sustainable Development in the Context of
Mineral and Energy Development
Encompasses:
Economic Responsibility -- shareholders,employees, community, society
Environmental Responsibility -- society is moreconcerned with minings impacts and behavior
than its products Resource Stewardship -- wise and efficient use
Community Engagement -- shared objectives
Product Stewardship
Social License and Public AccountabilityMinersmine with the consent of the public
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IPRA
Grants to indigenous culturalcommunities or indigenous peoplescertain preferential rights to their
ancestral domains and all resourcesfound therein.
Royalty and right to benefits
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IPRA
No mineral agreement shall beapproved unless:
- There is prior certification from NCIPthat area does not overlap ancestraldomain or
- Prior free and informed consent has
been obtained from the ICC/IPconcerned
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Development o f hos t and neighbor ing communi t ies
through the Social Development and Management
Program;
Provision of alternative livelihood, health andnutrition, education, peace and order,
infrastructure, etc. Budget of 90% of the 1% of the direct mining and
milling costs;
Preferent ial employment of major i ty from hos t
commun it ies and ensure techno logy transfer ;
Preferent ia l use of indigenous p rodu cts, services
and technolog ies as wel l as local con struc t ion
enterpr ises;
Payment of royalt ies to surface owners
SOCIAL PROVISIONS
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Protect ion of r ig hts of IPs/ICCs
Secure Free and Prior Informed Consent of
IPs/ICCs
IPs entitled to minimum 1% of annual grossrevenue for the implementation of Ancestral
Domain Sustainable Development and Protection
Plan
Respect and preserve the culture and tradition ofIPs/ICCs
SOCIAL PROVISIONS
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Benefits/Obl igat ions to LGUs
LGUs entitled to 40% of the excise tax (Barangay
- 35%; Municipal - 45%; and Province - 20%)
Endorsement from LGUs required for miningoperations
Beneficiaries of social development projects
SOCIAL PROVISIONS
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Local Government Code
Proponents applying for miningapplications intended for explorationactivities are required to conduct
consultation with all LGUs concerned,or the legislative councils(sanggunian) at the provincial,
city/municipal, and barangay levels.
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Lessons Learned
Consultation and relationshipbuilding between the mine andaffected people starting at
exploration, based on respect forlocal community culture and land
Mine closure planning with strongfocus on post-closure sustainability
Local economic development planand agreements hiringpreferences, training, small
businesses support, joint ventures
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Lessons Learned
Revenue sharing framework withspecific benefits for localcommunities
Environmental and social protectionplans and agreements andindependent verification
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What Mining Companies Has to Do
Obey the law
Pay proper taxes
Be civic minded, actively financially
support local communities and adaptto grassroots businesses
Have Filipino staff
Build relationships national andlocal
Identify tribal leaders and real IPs
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From Anglo American
To secure a continuing license to operate, the
mining and resources industry will have to
frame its future in economically viable,
socially beneficial and environmentally soundpractices that are negotiated with communities
within which it works.
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From Rio Tinto
"We believe we can only continue to generate
value for our shareholders over the long run if
we excel in our performance on environmental
and social issues. Sustainable developmentmanages all the business risks to earn a
license to operate from all stakeholders."
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PHILIPPINEMINING ACT
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60
1987 CONSTITUTION (Article XII, Sec. 2)National Economy and Patrimony
A l l lands o f the pub l ic domains, waters,
minerals, coal, petroleum, and other
mineral oi ls , al l forces of potent ia l
energy, f isheries, forests or t imber,
w i ldl i fe, f lora and fauna, and o ther natural
resources are owned b y the State. x x x
The explorat ion, development, andut i l ization of natural resourcesshal l be
under the fu l l con t ro l and superv is ion of
the State.
REPUBLIC ACT NO 7942
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61
REPUBLIC ACT NO. 7942MINING ACT OF 1995
App roved on 20 February 1995 by Cong ress
and consequent ly by President Fidel V.
Ramos on 03 March 1995
Espoused the pr inc ip le of responsib le
min ing
Revised Implement ing Rules and
Regu lat ions app roved on 19 December 1996- DAO No. 96-40 by Secretary Victor O.
Ramos
DECLARATION OF POLICY (RA 7942)
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62
DECLARATION OF POLICY (RA 7942)
Al l mineral resources in publ ic and
pr ivate lands within the terr i tory andexclus ive econom ic zone of the Republ ic of
the Phi l ipp ines are owned by the State. It
shal l be the responsibi l i ty of the State to
promote their rat ional explorat ion,
development, ut i l izat ion and conservat ion
through the combined ef for ts of the
Government and p r ivate sector in o rder toenhance nat ional growth in a way that
effect ively safeguards the env ironmentand
pro tects the r igh ts o f affected commun i t ies.
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63
NEW PARADIGMON MINING
Promot ion o f respons ib le m in ing as an
eng ine for econom ic grow th and
al leviation of poverty in the
count rys ide;
Str ict adherence to the pr inc iples of
sustainable development econom ic
developm ent , env ironmental protect ion
& social equ i ty
Executive Order No. 270/270A
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64
Issued on 16 January 2004
Streng thened Mining Act o f
1995 Provides 12 guid ing
pr incip les for respons ib le
m in ing = econom ic
development,env i ronmental protect ion &
social equi ty
Executive Order No. 270/270A
National Policy Agenda on
Revitalizing Mining in the Philippines
1995 Mining Act vis vis Old Law
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66
1995 Mining Act vis--vis Old Law
1995 Mining Ac t
EP, MPSA, FTAA
Adequate environm ental
pro vis ion s (Chapter XI)
EWP dur ing explorat ion
EPEP du r ing o perat ion
FMRDP dur ing m ine closure
Funds deposi ted for EPEP
and FMRDP
Recogni t ion and p rotect ion
of IPs/ICCs (Sec. 16) Suff ic ient s ocia l provis ions
(Chapter X)
Mandatory SDMP
Endorsement of LGU
requ ired (Sec. 70)
Old Laws (PD No. 463)
Mining leases and claims
Inadequate environmental
prov is ions
No EWP dur ing explorat ion
No EPEP dur ing operat ion
Unreal ist ic m ine clos ure
requirement
No funds d eposi ted for
environmenta l wo rks
No provis ion on recogni t ion
and protect ion of IPs/ICCs Insu ff ic ient social
p rov is ions
Voluntary so cia l programs
Endorsement of LGU not
required
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Government Management
Mineral Reservations establishedby the President; mining operationsmay be undertaken by the DENR or
through a contractor. Other Reservations mining in
reserved lands other than mineralreservations may be undertaken by
DENR or through a qualified person;awarded by the President
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Areas Open to Mining
Subject to existing rights
Mineral resources in public or privatelands including timber or forestlands
shall be open to mining permitapplications
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Areas Closed to Mining
Military & other government reservationsexcept upon prior written clearance fromgovernment agency concerned
Built up areas, including plantations orvaluable crops except upon writtenconsent of govt agency or private entityconcerned
Areas covered by valid and existingmining rights
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Areas closed to Mining
Areas prohibited by law
Areas covered by small scale minersunless with prior consent of SSMs
Old growth or virgin forests,proclaimed watershed forestreserves, mangrove forests, mossy
forests, national parks under NIPAS
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Small Scale Mining
Governed by RA 7076 (small ScaleMining Act)
Managed through the P/CMRB
Maximum 20 hectares
Includes Quarry Permits, permits forsand and gravel, guano, gemstonegathering; government gratuitouspermit; private gratuitous permit
Transport Sale & Processing of
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Transport, Sale & Processing of
Minerals
Ore Transport Permit specifiesorigin & quantity
Mineral Trading Registration
registered by DTI and accredited byDENR
Minerals Processing Permit
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Auxiliary Mining Rights
Timber rights subject to forestrylaws, rules and regulations
Water rights approval by
concerned agency
Right to possess explosives
Easement rights
Entry into private lands andconcession areas
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Settlement of Conflicts
Regional Panel of Arbitrators twomembers of the Philippine Bar andone licensed mining engineer or
professional in a related field. Mines Adjudication Board DENR
Secretary as Chair, USEC for Field
Operations & MGB Director asmembers
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Taxes and Fees
Income taxes
Excise tax on mineral products 2%
Mine wastes and tailings fees semi-annual 0.05 / MT; 0.10/ MT
Occupation fees EP = P10 /ha;MPSA = P100/ha; 30% to theprovince and 70% to the municiplaity
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Grounds for Cancellation
Late or Non-filing of requirements
Violation of the terms and conditionsof Permits or Agreements
Non-payment of taxes and fees
Falsehood or omission of facts in theStatement
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Penal Provisions
False statements P10,000 Illegal Exploration P50,000
Theft of Minerals 6 months to 6
years imprisonment and/or fine ofP10,000 to P20,000
Destruction of mine structures
imprisonment not to exceed 5 yearsplus compensation for damages
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76/77
Penal Provisions
Mines arson revised Penal Codeplus compensation for damages
Wilfull damage to a mine
imprisonment not to exceed 5 yearsand compensation for damages
Illegal obstruction to permittees or
contractors P5,000 orimprisonment not exceeding 1 yearor both
8/12/2019 Mining Laws in Philippines
77/77
Penal Provisions
Violation of the terms and conditionsof the ECC 6 months to 6 yearsimprisonemtn or a fine of P50,000 to
P200,000 or both at the discretion ofthe court
Illegal obstruction to (DENR)government officials P5,000 fine or
imprisonment not exceeding 1 yearor both
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