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Questions and Answers
What is the primary responsibility of a Mining Engineer according to the Mining Engineering Code of Ethics?
What is the primary responsibility of a Mining Engineer according to the Mining Engineering Code of Ethics?
What should a Mining Engineer do in case of accidents, emergencies, or calamities?
What should a Mining Engineer do in case of accidents, emergencies, or calamities?
What is a Mining Engineer prohibited from doing according to the Code of Ethics?
What is a Mining Engineer prohibited from doing according to the Code of Ethics?
What should a Mining Engineer prioritize when there is a conflict between economic development and environmental sustainability?
What should a Mining Engineer prioritize when there is a conflict between economic development and environmental sustainability?
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What is the primary goal of a Mining Engineer in their profession?
What is the primary goal of a Mining Engineer in their profession?
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What should a Mining Engineer do when they have concerns about the environmental impact of a project?
What should a Mining Engineer do when they have concerns about the environmental impact of a project?
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What is a Mining Engineer's responsibility to the community according to Article III of the Code of Ethics?
What is a Mining Engineer's responsibility to the community according to Article III of the Code of Ethics?
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What should a Mining Engineer report to the proper authorities according to the Code of Ethics?
What should a Mining Engineer report to the proper authorities according to the Code of Ethics?
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What is the provision regarding metallic minerals in small-scale mining under RA 7076?
What is the provision regarding metallic minerals in small-scale mining under RA 7076?
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What is prohibited in small-scale mining according to the measures undertaken?
What is prohibited in small-scale mining according to the measures undertaken?
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What is the purpose of training and capacity building measures in small-scale mining?
What is the purpose of training and capacity building measures in small-scale mining?
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What is the main objective of the IPRA Law of 1997 (RA 8371)?
What is the main objective of the IPRA Law of 1997 (RA 8371)?
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What is the State's responsibility towards Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)?
What is the State's responsibility towards Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)?
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What is the State's guarantee to members of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)?
What is the State's guarantee to members of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)?
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What is the requirement for determining the ownership and extent of ancestral domains?
What is the requirement for determining the ownership and extent of ancestral domains?
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What is the scope of the State's recognition and promotion of the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)?
What is the scope of the State's recognition and promotion of the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)?
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What is the potential impact of the mining operation on the local community's health?
What is the potential impact of the mining operation on the local community's health?
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What is the primary responsibility of the Mining Engineer to their employer or client?
What is the primary responsibility of the Mining Engineer to their employer or client?
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What should the Mining Engineer do if their obligations to their employer or client conflict with their professional obligations or ethics?
What should the Mining Engineer do if their obligations to their employer or client conflict with their professional obligations or ethics?
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What is the Mining Engineer's responsibility regarding the health and welfare of the local community?
What is the Mining Engineer's responsibility regarding the health and welfare of the local community?
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What is the primary goal of the mining operation in the rural community?
What is the primary goal of the mining operation in the rural community?
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What is the Mining Engineer's obligation regarding advancing or promoting their client's interest?
What is the Mining Engineer's obligation regarding advancing or promoting their client's interest?
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What should the Mining Engineer do if they cannot resolve the conflict between their obligations to their employer or client and their professional obligations or ethics?
What should the Mining Engineer do if they cannot resolve the conflict between their obligations to their employer or client and their professional obligations or ethics?
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What is the purpose of the Mining Engineering Code of Ethics?
What is the purpose of the Mining Engineering Code of Ethics?
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What is the main objective of RA 6969 of 1990?
What is the main objective of RA 6969 of 1990?
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What is the primary focus of the Wildlife Resources Conservation and Protection Act (RA 9147) of 2001?
What is the primary focus of the Wildlife Resources Conservation and Protection Act (RA 9147) of 2001?
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What is one of the objectives of RA 6969 of 1990?
What is one of the objectives of RA 6969 of 1990?
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What is the primary reason for regulating the importation, manufacture, and use of chemical substances and mixtures under RA 6969 of 1990?
What is the primary reason for regulating the importation, manufacture, and use of chemical substances and mixtures under RA 6969 of 1990?
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What is the main purpose of keeping an inventory of chemicals under RA 6969 of 1990?
What is the main purpose of keeping an inventory of chemicals under RA 6969 of 1990?
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What is prohibited under RA 6969 of 1990?
What is prohibited under RA 6969 of 1990?
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What is the purpose of informing and educating the populace under RA 6969 of 1990?
What is the purpose of informing and educating the populace under RA 6969 of 1990?
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What is the primary focus of RA 6969 of 1990?
What is the primary focus of RA 6969 of 1990?
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What is the primary objective of the National Integrated Protected Areas System (NIPAS)?
What is the primary objective of the National Integrated Protected Areas System (NIPAS)?
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What type of lands are included in the Comprehensive Agrarian Reform Law of 1988?
What type of lands are included in the Comprehensive Agrarian Reform Law of 1988?
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What is the main purpose of the National Tourism Development Plan (NTDP)?
What is the main purpose of the National Tourism Development Plan (NTDP)?
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What is the role of the Department of Environmental and Natural Resources (DENR) in relation to environmental standards in mining?
What is the role of the Department of Environmental and Natural Resources (DENR) in relation to environmental standards in mining?
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What is the consequence of not complying with environmental standards in mining?
What is the consequence of not complying with environmental standards in mining?
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Who is eligible for the grant of mining rights?
Who is eligible for the grant of mining rights?
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What is the primary purpose of EO 79 of 2012?
What is the primary purpose of EO 79 of 2012?
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What is the main objective of the Government in relation to environmental standards in mining?
What is the main objective of the Government in relation to environmental standards in mining?
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Under what grounds can a Board Member be removed?
Under what grounds can a Board Member be removed?
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What is the term of office for members of the Board?
What is the term of office for members of the Board?
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What is required for someone to practice mining engineering in the Philippines?
What is required for someone to practice mining engineering in the Philippines?
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Who can remove a member of the Board?
Who can remove a member of the Board?
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What is the purpose of an administrative investigation conducted by the Office of the Civil Service Commissioner?
What is the purpose of an administrative investigation conducted by the Office of the Civil Service Commissioner?
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When can a member of the Board be replaced?
When can a member of the Board be replaced?
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What is the scope of the term 'practicing mining engineering'?
What is the scope of the term 'practicing mining engineering'?
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Who grants a certificate of exemption?
Who grants a certificate of exemption?
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What is the purpose of the review of existing mining operations led by the DENR?
What is the purpose of the review of existing mining operations led by the DENR?
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What will happen to pending Mineral Agreements during the time?
What will happen to pending Mineral Agreements during the time?
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What is the consequence of not complying with environmental standards in mining?
What is the consequence of not complying with environmental standards in mining?
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What is the role of the DENR in relation to exploration permits?
What is the role of the DENR in relation to exploration permits?
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What is the right of grantees of exploration permits?
What is the right of grantees of exploration permits?
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What is the purpose of the review of non-moving mining rights holders?
What is the purpose of the review of non-moving mining rights holders?
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What will happen to exploration permits after the approval of the declaration of mining project feasibility?
What will happen to exploration permits after the approval of the declaration of mining project feasibility?
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What is the primary purpose of EO 79 of 2012?
What is the primary purpose of EO 79 of 2012?
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Who are considered indigenous peoples according to the IPRA Law of 1997?
Who are considered indigenous peoples according to the IPRA Law of 1997?
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What does Free and Prior Informed Consent (FPIC) require?
What does Free and Prior Informed Consent (FPIC) require?
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What is required to obtain Free and Prior Informed Consent (FPIC)?
What is required to obtain Free and Prior Informed Consent (FPIC)?
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What is the minimum royalty payment required for mining activities in ancestral domains?
What is the minimum royalty payment required for mining activities in ancestral domains?
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What is the purpose of the trust fund managed by the ICCs/IPs?
What is the purpose of the trust fund managed by the ICCs/IPs?
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What is required for decision-making and participation in ICCs/IPs?
What is required for decision-making and participation in ICCs/IPs?
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What is the main objective of the IPRA Law of 1997?
What is the main objective of the IPRA Law of 1997?
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Can minerals be part of ancestral domains?
Can minerals be part of ancestral domains?
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What is lifted under Section 1 of EO 130 of 2021?
What is lifted under Section 1 of EO 130 of 2021?
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What is the primary goal of the DENR in formulating the terms and conditions in new mineral agreements?
What is the primary goal of the DENR in formulating the terms and conditions in new mineral agreements?
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What is the purpose of the review of existing mining contracts and agreements?
What is the purpose of the review of existing mining contracts and agreements?
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What is the role of the Department of Finance in relation to revenue-sharing schemes?
What is the role of the Department of Finance in relation to revenue-sharing schemes?
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What is granted to grantees of Exploration Permits under existing laws, rules, and guidelines?
What is granted to grantees of Exploration Permits under existing laws, rules, and guidelines?
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What is the purpose of declaring areas as mineral reservations?
What is the purpose of declaring areas as mineral reservations?
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What is subject to compliance with the Philippine Mining Act of 1995 and other applicable laws, rules, and regulations?
What is subject to compliance with the Philippine Mining Act of 1995 and other applicable laws, rules, and regulations?
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What is the role of the DENR in relation to the grant of new mineral agreements?
What is the role of the DENR in relation to the grant of new mineral agreements?
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What right are Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) entitled to regarding their sciences and technologies?
What right are Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) entitled to regarding their sciences and technologies?
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What is the title of the Act that regulates the practice of mining engineering in the Philippines?
What is the title of the Act that regulates the practice of mining engineering in the Philippines?
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What is one of the requirements to become a Board Examiner/Member in mining engineering?
What is one of the requirements to become a Board Examiner/Member in mining engineering?
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What is included in the cultural manifestations of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)?
What is included in the cultural manifestations of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)?
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What is the purpose of the Mining Engineering Law (RA 4274) of 1965?
What is the purpose of the Mining Engineering Law (RA 4274) of 1965?
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What is the right of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) regarding their intellectual and cultural rights?
What is the right of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) regarding their intellectual and cultural rights?
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What is the requirement for determining the ownership and extent of ancestral domains?
What is the requirement for determining the ownership and extent of ancestral domains?
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What is the primary goal of the Mining Engineering Law (RA 4274) of 1965?
What is the primary goal of the Mining Engineering Law (RA 4274) of 1965?
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What is a mining engineer's responsibility to the state?
What is a mining engineer's responsibility to the state?
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Who owns valuable metals in abandoned ores and mine wastes generated by previous mining operations?
Who owns valuable metals in abandoned ores and mine wastes generated by previous mining operations?
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What should a mining engineer prioritize in their profession?
What should a mining engineer prioritize in their profession?
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What is a mining engineer's responsibility to natural resources?
What is a mining engineer's responsibility to natural resources?
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What is the name of the interagency forum constituted by the Climate Change Adaptation and Mitigation and Economic Development Cabinet Clusters?
What is the name of the interagency forum constituted by the Climate Change Adaptation and Mitigation and Economic Development Cabinet Clusters?
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What is a mining engineer's responsibility in government service?
What is a mining engineer's responsibility in government service?
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What is the primary responsibility of the Mines and Geosciences Bureau (MGB) in relation to competitive bidding?
What is the primary responsibility of the Mines and Geosciences Bureau (MGB) in relation to competitive bidding?
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What should a mining engineer strive for?
What should a mining engineer strive for?
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What happens to valuable metals in mine wastes and/or mill tailings in existing mining operations upon expiration of the pertinent mining contracts?
What happens to valuable metals in mine wastes and/or mill tailings in existing mining operations upon expiration of the pertinent mining contracts?
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What is the primary responsibility of a mining engineer in their profession?
What is the primary responsibility of a mining engineer in their profession?
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What is the term for the process of developing and utilizing valuable metals in abandoned ores and mine wastes through competitive public bidding?
What is the term for the process of developing and utilizing valuable metals in abandoned ores and mine wastes through competitive public bidding?
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Who shall ensure that the social acceptability of the proposed project has been secured?
Who shall ensure that the social acceptability of the proposed project has been secured?
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What is the purpose of the Code of Ethics?
What is the purpose of the Code of Ethics?
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What is the primary objective of the provision regarding valuable metals in abandoned ores and mine wastes?
What is the primary objective of the provision regarding valuable metals in abandoned ores and mine wastes?
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What is required to practice mining engineering in the Philippines?
What is required to practice mining engineering in the Philippines?
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Under what conditions can the State claim ownership over a tailings pond shared by two or more mine sites?
Under what conditions can the State claim ownership over a tailings pond shared by two or more mine sites?
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What is the minimum age requirement for a person applying for a certificate of registration as a mine and/or quarry foreman?
What is the minimum age requirement for a person applying for a certificate of registration as a mine and/or quarry foreman?
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Where is mining operation prohibited except with prior written consent of the government agency or private entity concerned?
Where is mining operation prohibited except with prior written consent of the government agency or private entity concerned?
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What is the effect of Section 1 of EO 130 of 2021 on mineral agreements?
What is the effect of Section 1 of EO 130 of 2021 on mineral agreements?
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What is the requirement for mining operations in areas covered by small-scale miners?
What is the requirement for mining operations in areas covered by small-scale miners?
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What is the primary goal of the DENR in formulating terms and conditions in new mineral agreements?
What is the primary goal of the DENR in formulating terms and conditions in new mineral agreements?
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What is the frequency of examinations for the practice of mining engineering?
What is the frequency of examinations for the practice of mining engineering?
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What is the relative weight of mining engineering and economics, mining laws and ethics in the mining engineering examination?
What is the relative weight of mining engineering and economics, mining laws and ethics in the mining engineering examination?
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Which of the following is an area closed to mining operations?
Which of the following is an area closed to mining operations?
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What will happen to existing mining contracts and agreements under EO 130 of 2021?
What will happen to existing mining contracts and agreements under EO 130 of 2021?
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What is the purpose of the trust fund formed by the royalty payment agreed upon by the parties?
What is the purpose of the trust fund formed by the royalty payment agreed upon by the parties?
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What is the minimum education requirement for a person to become a licensed/registered Mine and/or Quarry Foreman?
What is the minimum education requirement for a person to become a licensed/registered Mine and/or Quarry Foreman?
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What is the right of grantees of Exploration Permits under the Philippine Mining Act of 1995?
What is the right of grantees of Exploration Permits under the Philippine Mining Act of 1995?
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Which law prohibits mining operations in certain areas?
Which law prohibits mining operations in certain areas?
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What is the minimum experience requirement for a person to become a licensed/registered Mine and/or Quarry Foreman?
What is the minimum experience requirement for a person to become a licensed/registered Mine and/or Quarry Foreman?
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What is the purpose of declaring certain areas as mineral reservations?
What is the purpose of declaring certain areas as mineral reservations?
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What is the purpose of the examination for the practice of mining engineering?
What is the purpose of the examination for the practice of mining engineering?
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What is the primary focus of the National Integrated Protected Areas System (NIPAS)?
What is the primary focus of the National Integrated Protected Areas System (NIPAS)?
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What will the DENR undertake to rationalize existing revenue-sharing schemes and mechanisms?
What will the DENR undertake to rationalize existing revenue-sharing schemes and mechanisms?
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What is the effect of Section 4 of EO 130 of 2021 on the grant of mineral agreements?
What is the effect of Section 4 of EO 130 of 2021 on the grant of mineral agreements?
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Who is eligible to take the examination for the practice of mining engineering?
Who is eligible to take the examination for the practice of mining engineering?
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Which executive order is related to areas closed to mining operations?
Which executive order is related to areas closed to mining operations?
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What is the main objective of Section 1 of RA 7942?
What is the main objective of Section 1 of RA 7942?
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What is the role of the DENR in relation to the grant of mineral agreements?
What is the role of the DENR in relation to the grant of mineral agreements?
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What is the scope of the examination for the practice of mining engineering?
What is the scope of the examination for the practice of mining engineering?
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Study Notes
Small-Scale Mining
- Small-scale mining is not applicable for metallic minerals except gold, silver, and chromite, as provided for in RA No. 7076
- The use of mercury in small-scale mining is strictly prohibited
- Training and capacity building measures in the form of technical assistance shall be conducted by concerned government agencies for small-scale mining cooperatives and associations
Indigenous Peoples Rights Act (IPRA) of 1997 (RA 8371)
- The State shall recognize and promote all the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)
- The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure their economic, social, and cultural well-being
- The State shall recognize, respect, and protect the rights of ICCs/IPs to preserve and develop their cultures, traditions, and institutions
- The State shall guarantee that members of the ICCs/IPs, regardless of sex, shall equally enjoy the full measure of human rights and freedoms without distinction or discrimination
Mining Engineering Code of Ethics
- Article III - Responsibilities to the Community:
- A Mining Engineer should be aware of the safety and welfare of the people in the pursuit of his/her profession
- A Mining Engineer shall always be ready and willing to render professional service, even without compensation, in cases of accidents, emergencies, or calamities
- A Mining Engineer shall not issue or cause to be issued any unwanted professional opinion, improper advice, false information tending to alarm, confuse, or endanger the safety of the community
- Article IV - Responsibilities to Employer and Clients:
- A Mining Engineer must faithfully use his knowledge and skills in performing his tasks to his clients or employer
- A Mining Engineer shall protect with utmost professional attention the interest of his employer or client
- A Mining Engineer shall not advance or promote any interest of his client or employer which is contrary to law, public policy, or professional obligations and ethics
RA 6969 of 1990
- This Act covers the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use, and disposal of all unregulated chemical substances and mixtures in the Philippines
- The objectives of this Act are:
- To keep an inventory of chemicals that are presently being imported, manufactured, or used
- To monitor and regulate the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use, and disposal of chemical substances and mixtures that present unreasonable risk or injury to health or to the environment
- To inform and educate the populace regarding the hazards and risks attendant to the manufacture, handling, storage, transportation, processing, distribution, use, and disposal of toxic chemicals and other substances and mixtures
- To prevent the entry, even in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose
RA 9147 of 2001 - Wildlife Resources Conservation and Protection Act
- This Act provides for the conservation and protection of wildlife resources and their habitats
- Protected areas categorized and established under the National Integrated Protected Areas System (NIPAS) under RA No. 7586 are:
- Prime agricultural lands
- Tourism development areas
- Other critical areas, island ecosystems, and impact areas of mining
EO 79 of 2012
- The Government shall ensure that environmental standards in mining, as prescribed by the various mining and environmental laws, rules, and regulations, shall be fully and strictly enforced
- Only those who are able to strictly comply with all the pertinent requirements shall be eligible for the grant of mining rights, pursuant to the applicable provisions of RA No. 7942
Indigenous Peoples' Rights
- ICCs/IPs include peoples who are regarded as indigenous due to their descent from populations that inhabited the country at the time of conquest, colonization, or the establishment of present state boundaries.
- ICCs/IPs retain some or all of their own social, economic, cultural, and political institutions, but may have been displaced from their traditional domains or resettled outside their ancestral domains.
Decision-Making and Participation
- ICCs/IPs have organizational and cultural leadership systems, institutions, relationships, patterns, and processes for decision-making and participation, such as the Council of Elders, Council of Timuays, Bodong Holders, or other tribunals or bodies of similar nature.
Free and Prior Informed Consent
- Free and Prior Informed Consent (FPIC) is required for mining activities in Ancestral Domains and Lands, and involves the consensus of all members of the ICCs/IPs.
- FPIC must be determined in accordance with their respective customary laws and practices, free from external manipulation, interference, and coercion, and obtained after fully disclosing the intent and scope of the activity in a language and process understandable to the community.
Mining and Minerals
- Minerals can be part of ancestral domains.
- The minimum agreed royalty payment for mining activities in Ancestral Domains and Lands is not less than 1% of the gross output.
- The royalty shall form part of a trust fund managed and utilized by the ICCs for their socioeconomic wellbeing.
IPRA Law of 1997 (RA 8371)
- ICCs/IPs are entitled to the recognition of the full ownership and control and protection of their cultural and intellectual rights.
- They shall have the right to special measures to control, develop, and protect their sciences, technologies, and cultural manifestations, including human and other genetic resources, seeds, including derivatives of these resources, traditional medicines, and health practices.
Mining Engineering Law (RA 4274)
- To become a Board Examiner/Member, one must be a citizen of the Philippines, hold a degree in Mining Engineering, be registered and legally qualified to practice mining engineering, have at least 10 years of experience in mining engineering, and not have a pecuniary interest in an educational institution.
- Board Members can be removed for neglect of duty, incompetency, unprofessional or dishonorable, or unethical conduct.
- No person shall practice or offer to practice mining engineering in the Philippines without being previously registered as a mining engineer.
Executive Orders
- EO 79 of 2012: Review of the performance of existing mining operations and cleansing of non-moving mining rights holders.
- EO 130 of 2021: Lifting of the moratorium on mineral agreements, granting of new mineral agreements, and review of existing mining contracts and agreements for possible renegotiation.
Mining Engineering and Quarry Foreman
- A mining engineer must have a bachelor of science degree in mining engineering or a related field (geology, engineering course) plus five years of practical experience to be eligible for registration.
- Other engineering professionals can also register as mining engineers if their profession gives the same privilege to mining engineering graduates.
- A mine and/or quarry foreman must:
- Be at least 21 years old
- Be of good reputation and moral character
- Have completed a mining and/or quarry course of instruction or have at least five years of experience in mining and/or quarrying
- Pass the certification examination held every January and July
- The certification examination covers topics such as:
- Mining engineering and economics, mining laws and ethics (40% weight)
- Metallurgy, ore dressing, and assaying (20% weight)
- Geology and surveying (20% weight)
- Applied mathematics (20% weight)
Code of Ethics for Mining Engineers
- The Code of Ethics is guided by the principle of protecting and conserving natural resources for the benefit of present and future generations
- Mining engineers must:
- Maintain allegiance to the Republic of the Philippines and obey all laws
- Faithfully exercise their profession and conserve natural resources
- Strive for the common good and contribute to national projects or policies
Areas Closed to Mining Operations
- Areas closed to mining operations include:
- Old growth or virgin forests, proclaimed watersheds, forest reserves, wilderness areas, mangrove forests, mossy forests, national parks, provincial/municipal forests, parks, greenbelts, game refuges, and bird sanctuaries
- Areas expressly prohibited under the National Integrated Protected Areas System (NIPAS)
- Historic sites, archeological sites, cemeteries, and other infrastructure projects
Abandoned Ores and Mine Wastes
- All valuable metals in abandoned ores and mine wastes belong to the State and shall be developed and utilized through competitive public bidding
- In the case of existing mining operations, valuable metals in mine wastes and/or mill tailings shall automatically belong to the State upon the expiration of the mining contracts
Mining Industry Coordinating Council (MICC)
- The Climate Change Adaptation and Mitigation and Economic Development Cabinet Clusters constitute the Mining Industry Coordinating Council (MICC)
Lifting of Moratorium on Mineral Agreements
- The moratorium on mineral agreements under EO 79 is lifted
- The DENR may continue to grant and issue Exploration Permits under existing laws, rules, and guidelines
- The grantees of such permits shall have the rights over the approved exploration area and shall be given the right of first option to develop and utilize the minerals in their respective exploration area
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Description
This quiz assesses your understanding of regulations and measures in small-scale mining, including restrictions on metallic minerals and the prohibition of mercury use.