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Questions and Answers
What is the primary goal of Executive Order 79?
What areas are closed to mining according to Executive Order 79?
What is the purpose of the Mining Industry Coordinating Council (MICC)?
What is the purpose of the moratorium on new mineral agreements under Executive Order 79?
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What is the main effect of Executive Order 130 on the mining industry?
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What is the focus of small-scale mining regulations under Executive Order 79?
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Which law is related to the regulation of small-scale mining in the Philippines?
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What is the purpose of the establishment of Mineral Reservations under Executive Order 79?
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What is the primary goal of the DENR in formulating new agreements with mining companies?
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Which act governs the exploration, development, and utilization of mineral resources in the Philippines?
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What is the primary purpose of the mandatory Environmental Impact Assessments (EIAs) and Environmental Compliance Certificates (ECCs)?
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What is the main impact of the TRAIN Law on the mining sector?
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What is the primary purpose of mine rehabilitation and closure plans?
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What is the purpose of obtaining Free, Prior, and Informed Consent (FPIC) from local communities?
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Study Notes
Philippine Mining Regulations
- The Philippine mining industry is regulated by Executive Order 79 (2012), Executive Order 130 (2021), Republic Act 7942 (Philippine Mining Act of 1995), and the Tax Reform for Acceleration and Inclusion (TRAIN) Law (RA 10963).
Executive Order 79 (2012)
- Signed by President Benigno Aquino III to restructure the mining sector for sustainable development.
- Key provisions include:
- Closed areas: military and government reservations, critical watersheds, prime agricultural lands, and tourism areas.
- Environmental standards: strict enforcement of environmental regulations and review of existing mining contracts.
- Moratorium on new mineral agreements pending revenue-sharing legislation.
- Establishment of Mineral Reservations for future mining areas.
- Competitive bidding for granting mining rights.
- Small-scale mining regulations: compliance with RA 7076, prohibiting mercury use and restricting operations.
- Mining Industry Coordinating Council (MICC): an interagency body for oversight and transparency.
Executive Order 130 (2021)
- Signed by President Rodrigo Duterte to lift the moratorium on new mineral agreements to boost economic contributions from mining.
- Key provisions include:
- Lifting the moratorium on new mineral agreements.
- Strict implementation of mines safety and environmental policies.
- Review of existing mining contracts for possible renegotiation.
- Rationalizing revenue-sharing schemes between the government and mining companies.
Philippine Mining Act of 1995 (RA 7942)
- Governs the exploration, development, and utilization of mineral resources, emphasizing sustainable and equitable benefits.
- Key provisions include:
- Environmental compliance: mandatory Environmental Impact Assessments (EIAs) and securing Environmental Compliance Certificates (ECCs).
- Community development: engaging local communities and indigenous peoples, ensuring their rights and obtaining Free, Prior, and Informed Consent (FPIC).
- Revenue sharing: mechanisms for equitable sharing of mining revenues.
- Mine rehabilitation: requirements for mine rehabilitation and closure plans.
- Safety and health: implementation of safety and health programs for mining workers.
TRAIN Law (RA 10963)
- Restructured the tax system, impacting the mining sector through:
- Increased excise taxes on minerals, affecting cost structures and profitability.
- Simplified tax system: streamlining tax compliance for mining companies and enhancing revenue collection.
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Description
Overview of the laws and regulations governing the mining industry in the Philippines, including Executive Orders 79 and 130, Republic Act 7942, and the TRAIN Law. The quiz covers the balance between economic growth, environmental protection, and social responsibility.
