Small-Scale Mining Regulations

Podcast Beta

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the primary responsibility of a Mining Engineer according to the Mining Engineering Code of Ethics?

To protect the natural resources and strive for the common good (correct)

To comply with the approved permits and regulations

To prioritize economic development over environmental sustainability

To maximize profits for the company

What should a Mining Engineer do in case of accidents, emergencies, or calamities?

Be ready and willing to render professional service without compensation (correct)

Charge a fee for professional service

Contact the authorities but not provide any assistance

Refuse to provide service without compensation

What is a Mining Engineer prohibited from doing according to the Code of Ethics?

Protecting the natural resources

Issuing unwanted professional opinions (correct)

Prioritizing economic development

Reporting acts or omissions to the proper authorities

What should a Mining Engineer prioritize when there is a conflict between economic development and environmental sustainability?

Finding a balance between economic development and environmental sustainability Signup and view all the answers

What is the primary goal of a Mining Engineer in their profession?

To protect the natural resources and strive for the common good Signup and view all the answers

What should a Mining Engineer do when they have concerns about the environmental impact of a project?

Advocate for alternative approaches that minimize environmental harm Signup and view all the answers

What is a Mining Engineer's responsibility to the community according to Article III of the Code of Ethics?

To be aware of the safety and welfare of the people Signup and view all the answers

What should a Mining Engineer report to the proper authorities according to the Code of Ethics?

Acts or omissions that are prejudicial to public interest and the welfare of the people Signup and view all the answers

What is the provision regarding metallic minerals in small-scale mining under RA 7076?

Only gold, silver, and chromite are allowed Signup and view all the answers

What is prohibited in small-scale mining according to the measures undertaken?

The use of mercury Signup and view all the answers

What is the purpose of training and capacity building measures in small-scale mining?

To provide technical assistance to small-scale mining cooperatives and associations Signup and view all the answers

What is the main objective of the IPRA Law of 1997 (RA 8371)?

To recognize, protect and promote the rights of Indigenous Cultural Communities/Indigenous Peoples Signup and view all the answers

What is the State's responsibility towards Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)?

All of the above Signup and view all the answers

What is the State's guarantee to members of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)?

To guarantee the full measure of human rights and freedoms without distinction or discrimination Signup and view all the answers

What is the requirement for determining the ownership and extent of ancestral domains?

Applicability of customary laws governing property rights or relations Signup and view all the answers

What is the scope of the State's recognition and promotion of the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)?

Within the framework of national unity and development Signup and view all the answers

What is the potential impact of the mining operation on the local community's health?

The mining operation may release harmful pollutants into the air and water sources, posing significant risks to the residents' well-being. Signup and view all the answers

What is the primary responsibility of the Mining Engineer to their employer or client?

To faithfully use their knowledge and skills in performing their tasks. Signup and view all the answers

What should the Mining Engineer do if their obligations to their employer or client conflict with their professional obligations or ethics?

Try to resolve the conflict in accordance with the law, public policy, and the provisions of the Code of Ethics. Signup and view all the answers

What is the Mining Engineer's responsibility regarding the health and welfare of the local community?

To fulfill their responsibility to the community's safety and welfare by raising concerns and advocating for necessary precautions and mitigation measures. Signup and view all the answers

What is the primary goal of the mining operation in the rural community?

To bring economic development and job opportunities to the area. Signup and view all the answers

What is the Mining Engineer's obligation regarding advancing or promoting their client's interest?

To advance or promote their client's interest only if it aligns with the law, public policy, and professional obligations and ethics. Signup and view all the answers

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?

Sever their professional engagement. Signup and view all the answers

What is the purpose of the Mining Engineering Code of Ethics?

To provide guidelines for Mining Engineers to fulfill their responsibilities to their employer, client, and the community. Signup and view all the answers

What is the main objective of RA 6969 of 1990?

To regulate the importation, manufacture, and use of chemical substances and mixtures Signup and view all the answers

What is the primary focus of the Wildlife Resources Conservation and Protection Act (RA 9147) of 2001?

Conservation and protection of wildlife resources and their habitats Signup and view all the answers

What is one of the objectives of RA 6969 of 1990?

To monitor and regulate the use of chemical substances and mixtures Signup and view all the answers

What is the primary reason for regulating the importation, manufacture, and use of chemical substances and mixtures under RA 6969 of 1990?

To protect human health and the environment Signup and view all the answers

What is the main purpose of keeping an inventory of chemicals under RA 6969 of 1990?

To keep track of existing and possible uses of chemicals Signup and view all the answers

What is prohibited under RA 6969 of 1990?

The entry, even in transit, of hazardous and nuclear wastes into the country Signup and view all the answers

What is the purpose of informing and educating the populace under RA 6969 of 1990?

To prevent the hazards and risks attendant to the manufacture, handling, storage, transportation, processing, distribution, use, and disposal of toxic chemicals and other substances and mixtures Signup and view all the answers

What is the primary focus of RA 6969 of 1990?

Regulation of chemical substances and mixtures Signup and view all the answers

What is the primary objective of the National Integrated Protected Areas System (NIPAS)?

To ensure the conservation of protected areas in the country Signup and view all the answers

What type of lands are included in the Comprehensive Agrarian Reform Law of 1988?

Lands covered by RA No. 6657, including plantations and areas devoted to valuable crops Signup and view all the answers

What is the main purpose of the National Tourism Development Plan (NTDP)?

To identify areas for tourism development Signup and view all the answers

What is the role of the Department of Environmental and Natural Resources (DENR) in relation to environmental standards in mining?

To ensure that environmental standards in mining are fully and strictly enforced Signup and view all the answers

What is the consequence of not complying with environmental standards in mining?

Appropriate sanctions being meted out Signup and view all the answers

Who is eligible for the grant of mining rights?

Only those who are able to strictly comply with all the pertinent requirements Signup and view all the answers

What is the primary purpose of EO 79 of 2012?

To halt all mining contracts, agreements, and concessions approved before its effectivity Signup and view all the answers

What is the main objective of the Government in relation to environmental standards in mining?

To ensure that environmental standards in mining are fully and strictly enforced Signup and view all the answers

Under what grounds can a Board Member be removed?

Both a and b Signup and view all the answers

What is the term of office for members of the Board?

Three years Signup and view all the answers

What is required for someone to practice mining engineering in the Philippines?

Registration as a mining engineer Signup and view all the answers

Who can remove a member of the Board?

The President Signup and view all the answers

What is the purpose of an administrative investigation conducted by the Office of the Civil Service Commissioner?

To give a Board member an opportunity to defend themselves Signup and view all the answers

When can a member of the Board be replaced?

When their successor is appointed and qualified Signup and view all the answers

What is the scope of the term 'practicing mining engineering'?

Both practicing and offering to practice mining engineering Signup and view all the answers

Who grants a certificate of exemption?

Not specified in the law Signup and view all the answers

What is the purpose of the review of existing mining operations led by the DENR?

To ensure compliance with environmental standards and laws Signup and view all the answers

What will happen to pending Mineral Agreements during the time?

They will be put on hold until new legislation is passed Signup and view all the answers

What is the consequence of not complying with environmental standards in mining?

Appropriate action will be taken against violators Signup and view all the answers

What is the role of the DENR in relation to exploration permits?

To issue new exploration permits under existing laws and guidelines Signup and view all the answers

What is the right of grantees of exploration permits?

To develop and utilize the minerals in their respective exploration area Signup and view all the answers

What is the purpose of the review of non-moving mining rights holders?

To ensure compliance with environmental standards and laws Signup and view all the answers

What will happen to exploration permits after the approval of the declaration of mining project feasibility?

The grantees will have the right of first option to develop and utilize the minerals Signup and view all the answers

What is the primary purpose of EO 79 of 2012?

To ensure compliance with environmental standards and laws Signup and view all the answers

Who are considered indigenous peoples according to the IPRA Law of 1997?

Those who descend from populations that inhabited the country at the time of conquest or colonization Signup and view all the answers

What does Free and Prior Informed Consent (FPIC) require?

The consensus of all members of the ICCs/IPs, free from external manipulation Signup and view all the answers

What is required to obtain Free and Prior Informed Consent (FPIC)?

Full disclosure of the activity's intent and scope Signup and view all the answers

What is the minimum royalty payment required for mining activities in ancestral domains?

1% of the gross output Signup and view all the answers

What is the purpose of the trust fund managed by the ICCs/IPs?

To support the socioeconomic wellbeing of the ICCs/IPs Signup and view all the answers

What is required for decision-making and participation in ICCs/IPs?

The identification of organizational and cultural leadership systems Signup and view all the answers

What is the main objective of the IPRA Law of 1997?

To recognize and promote the rights of ICCs/IPs Signup and view all the answers

Can minerals be part of ancestral domains?

Yes, minerals can be part of ancestral domains Signup and view all the answers

What is lifted under Section 1 of EO 130 of 2021?

The moratorium on mineral agreements under Section 4, EO No. 79 Signup and view all the answers

What is the primary goal of the DENR in formulating the terms and conditions in new mineral agreements?

To maximize government revenues and share from production Signup and view all the answers

What is the purpose of the review of existing mining contracts and agreements?

To renegotiate the terms and conditions of existing contracts Signup and view all the answers

What is the role of the Department of Finance in relation to revenue-sharing schemes?

To undertake measures to rationalize existing revenue-sharing schemes Signup and view all the answers

What is granted to grantees of Exploration Permits under existing laws, rules, and guidelines?

The right of first option to develop and utilize the minerals in their respective exploration area upon approval of the declaration of mining project feasibility Signup and view all the answers

What is the purpose of declaring areas as mineral reservations?

To obtain appropriate royalties Signup and view all the answers

What is subject to compliance with the Philippine Mining Act of 1995 and other applicable laws, rules, and regulations?

The entry into new mineral agreements Signup and view all the answers

What is the role of the DENR in relation to the grant of new mineral agreements?

To grant and issue Exploration Permits under existing laws, rules, and guidelines Signup and view all the answers

What right are Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) entitled to regarding their sciences and technologies?

The right to full ownership and control Signup and view all the answers

What is the title of the Act that regulates the practice of mining engineering in the Philippines?

Mining Engineering Law of the Philippines Signup and view all the answers

What is one of the requirements to become a Board Examiner/Member in mining engineering?

Being a registered and legally qualified mining engineer Signup and view all the answers

What is included in the cultural manifestations of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)?

Oral traditions, literature, designs, and visual and performing arts Signup and view all the answers

What is the purpose of the Mining Engineering Law (RA 4274) of 1965?

To regulate the practice of mining engineering Signup and view all the answers

What is the right of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) regarding their intellectual and cultural rights?

The right to full ownership and control Signup and view all the answers

What is the requirement for determining the ownership and extent of ancestral domains?

Through a mixture of traditional and scientific methods Signup and view all the answers

What is the primary goal of the Mining Engineering Law (RA 4274) of 1965?

To regulate the practice of mining engineering Signup and view all the answers

What is a mining engineer's responsibility to the state?

To maintain allegiance to the Republic of the Philippines and support the Constitution Signup and view all the answers

Who owns valuable metals in abandoned ores and mine wastes generated by previous mining operations?

The State Signup and view all the answers

What should a mining engineer prioritize in their profession?

Dignity and honor of the profession Signup and view all the answers

What is a mining engineer's responsibility to natural resources?

To protect, conserve, develop, and utilize them for the benefit of the present and future generations Signup and view all the answers

What is the name of the interagency forum constituted by the Climate Change Adaptation and Mitigation and Economic Development Cabinet Clusters?

Mining Industry Coordinating Council (MICC) Signup and view all the answers

What is a mining engineer's responsibility in government service?

To work for the interest of the government and not employ their position for profit Signup and view all the answers

What is the primary responsibility of the Mines and Geosciences Bureau (MGB) in relation to competitive bidding?

To prepare necessary competitive bid packages Signup and view all the answers

What should a mining engineer strive for?

The common good and contribute their expertise for the success of national projects or policies Signup and view all the answers

What happens to valuable metals in mine wastes and/or mill tailings in existing mining operations upon expiration of the pertinent mining contracts?

They automatically belong to the State Signup and view all the answers

What is the primary responsibility of a mining engineer in their profession?

To maintain a high degree of knowledge, efficiency, responsibility, and morality Signup and view all the answers

What is the term for the process of developing and utilizing valuable metals in abandoned ores and mine wastes through competitive public bidding?

Competitive bidding Signup and view all the answers

Who shall ensure that the social acceptability of the proposed project has been secured?

The Mines and Geosciences Bureau (MGB) Signup and view all the answers

What is the purpose of the Code of Ethics?

To guide mining engineers in their profession Signup and view all the answers

What is the primary objective of the provision regarding valuable metals in abandoned ores and mine wastes?

To ensure State ownership of valuable metals Signup and view all the answers

What is required to practice mining engineering in the Philippines?

A certificate of registration Signup and view all the answers

Under what conditions can the State claim ownership over a tailings pond shared by two or more mine sites?

When all mining contracts expire Signup and view all the answers

What is the minimum age requirement for a person applying for a certificate of registration as a mine and/or quarry foreman?

21 years Signup and view all the answers

Where is mining operation prohibited except with prior written consent of the government agency or private entity concerned?

Near or under public or private buildings, cemeteries, archeological and historic sites, bridges, highways, waterways, railroads, reservoirs, dams or other infrastructure projects Signup and view all the answers

What is the effect of Section 1 of EO 130 of 2021 on mineral agreements?

It lifts the moratorium on mineral agreements Signup and view all the answers

What is the requirement for mining operations in areas covered by small-scale miners?

Prior written consent of the small-scale miners Signup and view all the answers

What is the primary goal of the DENR in formulating terms and conditions in new mineral agreements?

To maximize government revenues and share from production Signup and view all the answers

What is the frequency of examinations for the practice of mining engineering?

Twice a year Signup and view all the answers

What is the relative weight of mining engineering and economics, mining laws and ethics in the mining engineering examination?

40% Signup and view all the answers

Which of the following is an area closed to mining operations?

Old growth or virgin forests Signup and view all the answers

What will happen to existing mining contracts and agreements under EO 130 of 2021?

They will be reviewed for possible renegotiation Signup and view all the answers

What is the purpose of the trust fund formed by the royalty payment agreed upon by the parties?

For the socioeconomic development of the community concerned Signup and view all the answers

What is the minimum education requirement for a person to become a licensed/registered Mine and/or Quarry Foreman?

Vocational course Signup and view all the answers

What is the right of grantees of Exploration Permits under the Philippine Mining Act of 1995?

To develop and utilize the minerals in their respective exploration area Signup and view all the answers

Which law prohibits mining operations in certain areas?

RA 7942 Signup and view all the answers

What is the minimum experience requirement for a person to become a licensed/registered Mine and/or Quarry Foreman?

5 years Signup and view all the answers

What is the purpose of declaring certain areas as mineral reservations?

To obtain appropriate royalties Signup and view all the answers

What is the purpose of the examination for the practice of mining engineering?

To evaluate the knowledge of mining engineering and economics Signup and view all the answers

What is the primary focus of the National Integrated Protected Areas System (NIPAS)?

Environmental protection Signup and view all the answers

What will the DENR undertake to rationalize existing revenue-sharing schemes and mechanisms?

Appropriate measures with the Department of Finance Signup and view all the answers

What is the effect of Section 4 of EO 130 of 2021 on the grant of mineral agreements?

It allows the grant of new mineral agreements subject to compliance with existing laws Signup and view all the answers

Who is eligible to take the examination for the practice of mining engineering?

Anyone who has completed a mining and/or quarry course of instruction Signup and view all the answers

Which executive order is related to areas closed to mining operations?

EO 79 of 2012 Signup and view all the answers

What is the main objective of Section 1 of RA 7942?

To list areas closed to mining operations Signup and view all the answers

What is the role of the DENR in relation to the grant of mineral agreements?

To grant and issue Exploration Permits Signup and view all the answers

What is the scope of the examination for the practice of mining engineering?

Mining engineering and economics, mining laws and ethics, metallurgy, ore dressing and assaying, geology and surveying, and applied mathematics Signup and view all the answers

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 (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

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

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.