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Questions and Answers
What does development refer to in the context of mining?
What is the purpose of an environmental impact statement (EIS)?
What does 'force majeure' refer to in mining agreements?
Which of the following defines an Exclusive Economic Zone (EEZ)?
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What is the function of an environmental compliance certificate (ECC)?
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What is involved in exploration for mineral resources?
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What does an existing mining/quarrying right signify?
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What is included under a financial or technical assistance agreement?
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What is the primary responsibility of the State regarding mineral resources as stated in the Act?
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Which term refers to lands exclusively occupied by indigenous cultural communities?
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What does the term 'carrying capacity' refer to in the context of the Act?
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What is the meaning of 'contractor' as defined in the Act?
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In the context of the Philippine Mining Act, what is a 'block'?
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How far is the contiguous zone from the baseline of the Philippine archipelago?
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Which agency is referred to as the Bureau in the context of mineral resources management?
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What is the function of a co-production agreement (CA)?
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Study Notes
Philippine Mining Act of 1995
- The Philippine Mining Act of 1995, also known as Republic Act No. 7942, was enacted on March 3, 1995.
- It establishes a new system for mineral resources exploration, development, utilization, and conservation.
Ownership and Responsibility
- All mineral resources are owned by the State, within both public and private lands, and the Philippine Exclusive Economic Zone (EEZ).
- The State is responsible for promoting the rational exploration, development, utilization, and conservation of these resources.
- This involves collaboration between the government and the private sector, with a focus on national growth while safeguarding the environment and protecting community rights.
Definitions
- Ancestral lands: Lands exclusively possessed, occupied, or utilized by indigenous cultural communities following their customs and traditions since time immemorial.
- Block: An area of approximately 81 hectares, defined by one-half minute of latitude and one-half minute of longitude.
- Bureau: The Mines and Geosciences Bureau, part of the Department of Environment and Natural Resources (DENR).
- Carrying capacity: The ability of natural and human environments to withstand change without experiencing instability and degradation.
- Contiguous zone: The area extending 24 nautical miles seaward from the baseline of the Philippine archipelago, encompassing water, sea bottom, and subsurface.
- Contract area: Land or water designated for exploration, development, or utilization of minerals.
- Contractor: A qualified individual or consortium who is a party to a mineral agreement or a financial or technical assistance agreement.
- Co-production agreement (CA): An agreement between the Government and one or more contractors, as outlined in Section 26(b) of the Act.
- Department: The Department of Environment and Natural Resources (DENR).
- Development: Activities involving exploration and preparation of an ore body or mineral deposit for mining, including infrastructure and facility construction.
- Director: The Director of the Mines and Geosciences Bureau.
- Ecological profile: Geographic-based instruments for planning and decision-making, evaluating environmental quality and carrying capacity of an area.
- Environmental compliance certificate (ECC): A document issued by the government, certifying that a project will not result in unacceptable environmental impact and the proponent has met environmental impact statement requirements.
- Environmental impact statement (EIS): A document aiming to identify, predict, interpret, and communicate environmental changes associated with a proposed project, including alternative analyses and their environmental impact.
- Exclusive economic zone (EEZ): The area extending 200 nautical miles offshore from the baseline of the Philippine archipelago, encompassing water, sea bottom, and subsurface.
- Existing mining/quarrying right: A valid and current mining claim, permit, quarry permit, or mining lease contract/agreement for a mineralized area, issued under prevailing mining laws.
- Exploration: Activities involving the search for mineral resources through geological, geochemical, or geophysical surveys, remote sensing, testing, drilling, shaft sinking, tunneling, or other methods, intended to determine existence, extent, quantity, quality, and mining feasibility.
- Financial or technical assistance agreement: A contract involving financial or technical assistance for large-scale mineral resources exploration, development, and utilization.
- Force majeure: Events or circumstances beyond the reasonable control of a contractor, including war, rebellion, riots, strikes, natural disasters, government actions, etc.
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Description
Test your knowledge on the Philippine Mining Act of 1995, a crucial legislation for mineral resources management in the country. This quiz covers ownership rights, state responsibilities, and essential definitions related to the act. Challenge yourself to understand the law's implications for national growth and environmental protection.
