RA 7076: People's Small-Scale Mining Act PDF

45 People’s Small Scale Mining Act (RA 7076)  RA 7076 What is the national policy on Small-Scale Mining? SECTION 2. It is hereby declared of the State to promote, develop, protect and rationalize viable small-scale mining activities in order to generate more employment opportuniti...

45 People’s Small Scale Mining Act (RA 7076)  RA 7076 What is the national policy on Small-Scale Mining? SECTION 2. It is hereby declared of the State to promote, develop, protect and rationalize viable small-scale mining activities in order to generate more employment opportunities and provide an equitable sharing of the nation's wealth and natural resources, giving due regard to existing rights as herein provided.  RA 7076 1. - areas with naturally occurring mineral deposits of gold, silver, chromite, kaolin, silica, marble, gravel, clay and like mineral resources; 2. - Filipino citizens who, individually or in the company of other Filipino citizens, voluntarily form a cooperative duly licensed by the Department of Environment and Natural Resources to engage, under the terms and conditions of a contract, in the extraction or removal of minerals or ore- bearing materials from the ground; 3. - mining activities which rely heavily on manual labor using simple implement and methods and do not use explosives or heavy mining equipment; 4. - refers to the privilege granted to a person to legitimately pursue his occupation as a small-scale miner or processor under this Act;  RA 7076 5. - refers to co-production, joint venture or mineral production sharing agreement between the State and a small-scale mining contractor for the small-scale utilization of a plot of mineral land; 6. - refers to an individual or a cooperative of small-scale miners, registered with the Securities and Exchange Commission or other appropriate government agency, which has entered into an agreement with the State for the small-scale utilization of a plot of mineral land within a people's small-scale mining area; 7. - refers to areas under actual exploration, development, exploitation or commercial production as determined by the Secretary after the necessary field investigation or verification including contiguous and geologically related areas belonging to the same claimowner and/or under contract with an operator, but in no case to exceed the maximum area allowed by law; 8. - refers to a holder of an existing mining right;  RA 7076 9. - refers to a person issued a license to engage in the treatment of minerals or ore-bearing materials such as by gravity concentration, leaching benefication, cyanidation, cutting, sizing, polishing and other similar activities; 10. - refers to a two-year program of activities and methodologies employed in the extraction and production of minerals or ore-bearing materials, including the financial plan and other resources in support thereof; Presentation Guidelines ◉ Everyone should present on May 26 Presentation should only last for 10 minutes max (deductions will be given to those exceeding) ◉ Presentation order will be randomized (on the day) ◉ Powerpoint/PDF file/video should be uploaded to UVLE on/before May 25 (Thursday) (deductions for late submission) ◉ (File name= Last names) (ex. Cruz,Tan,Go ) What to include: ◉ Data, Information, Photos/videos about the IP group/s ◉ Large-Scale/Small-scale mines in the region (planned, operating, suspended) (Development, Exploitation, Rehabilitation stage) ◉ Issues of the IP with mining in the local region ◉ Past, Present situations/events (IP Issues with Mining) ◉ Legal cases (if applicable) Regions: ◉ CAR, Ilocos (1) & Cagayan Region (2) ◉ CARAGA & Davao Region ◉ Zamboanga Peninsula & SOCCSKARGEN ◉ Palawan & Mindoro (MIMAROPA) ◉ Central Luzon & Bicol Region (CALABARZON, Bicol) ◉ Visayas  RA 7076 SECTION 3. Objectives. This Administrative Order is promulgated towards the attainment of the following objectives: a. To ensure the effective and expeditious implementation of the People's Small–Scale Mining Program as provided for under RA No. 7076; b. To effect an orderly, systematic, and ecologically balanced administration and disposition of small-scale mining areas; c. To regulate the small-scale mining industry, with a view of enhancing its growth and productivity, as well as ensuring environmental protection; and d. To provide technical, financial, and marketing assistance; ensure efficient collection of government revenues; adopt best practices; and promote good governance and integrity in the industry.  RA 7076 What is the difference between “Ancestral Domain” and “Ancestral Land” according to DAO 2022-3? “Ancestral Domain” refers to all areas generally belonging to Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs), including lands, inland waters, coastal areas, and natural resources. It includes ancestral lands, forests, pasture lands, residential lands, agricultural lands, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources. “Ancestral Land” refers to land occupied, possessed, and utilized by individuals, families, and clans who are members of the ICCs/IPs since time immemorial. This includes residential lots, rice terraces or paddies, private forests, swidden farms and tree lots.  RA 7076 "Ancestral Domain" refers to all areas generally belonging to Indigenous Cultural Communities/Indigenous Peoples(ICCs/IPs) comprising lands, inland waters, coastal areas and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals/corporations, and which are necessary to ensure their economic, social and cultural welfare. It shall include ancestral, forest, pasture, residential, agricultural and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands that may no longer be exclusively occupied by ICCs/lPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators;  RA 7076 "Ancestral Land" - refers to land occupied, possessed, and utilized by individuals, families, and clans who are members of the ICCs/lPs since time immemorial, by themselves or through their predecessors in interest, under claims of individual or traditional group ownership, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots;  RA 7076 Who is/are the “Board”? "Board" refers to the Provincial/City Mining Regulatory Board composed of the: (SECTION 21) following: a. Regional Director concerned or his/her duly authorized representative as Chairperson; b. Provincial Governor or City Mayor or his/her representative as Member; c. One (1) small-scale mining representative as Member; d. One (1) large-scale mining representative as Member; and e. One (1) representative from an environmental non-government organization as Member.  RA 7076 SECTION 20. Provincial/City Mining Regulatory Board. The Board created under RA No. 7076 shall exercise the following major powers and functions, subject to review by the Secretary: a. Declares and segregates existing gold-rich areas for small-scale mining; b. Declares, segregates and reserves for the future, mineralized areas/mineral lands as Minahang Bayan; c. Evaluates and approves PEIMP, CDMP, ASHP; d. Awards and registers Small-Scale Mining Contracts and Mineral Processing License; e. Formulates its own guidelines and implements rules and regulations related to RA No. 7076; f. Settles disputes, conflicts or litigations over conflicting claims within a people’s small-scale mining area; ….  RA 7076 SECTION 20. Provincial/City Mining Regulatory Board. The Board created under RA No. 7076 shall exercise the following major powers and functions, subject to review by the Secretary: … g. Suspends, cancels and revokes for cause after due process Small-Scale Mining Contracts and Mineral Processor's License; h. Submits to the Department and the Bureau a comprehensive Annual Report of the overall operation of the Minahang Bayan; and i. Performs such other functions as may be necessary to achieve the goals and objectives of RA No. 7076.  RA 7076 What is a “Minahang Bayan”? “Minahang Bayan" or "People's Small-Scale Mining Area" refers to the entire area declared by the Board for the conduct of small-scale mining operations pursuant to RA No. 7076; Can you do small-scale mining outside a “Minahang Bayan”? Can you engage in small-scale mining without a Small-Scale Mining Contract? Can any person work or be hired to work in small-scale mining and other similar operations?  RA 7076 Can you do small-scale mining outside a “Minahang Bayan”? Can you engage in small-scale mining without a Small-Scale Mining Contract? Can any person shall work or be hired to work in small-scale mining and other similar operations? SECTION 5. General Provision. No small-scale mining shall be undertaken outside a Minahang Bayan and that no entity shall engage in small-scale mining without a Small-Scale Mining Contract. Likewise, no person shall work or be hired to work in small-scale mining and other similar operations unless registered with the Board. How do you know the suitability of a Minahang Bayan for Small-Scale Mining?  RA 7076 SECTION 8. Suitability of a Minahang Bayan for Small-Scale Mining. An area may be considered for declaration as Minahang Bayan, subject to the following conditions, as determined the Regional Office concerned: a. For Gold and Silver Deposits: 1. Alluvial/Placer deposits of at least one (1) gram per ton gold equivalent grade 2. Epithermal, Vein-type, Disseminated or Porphyry deposits of at least five (5) grams gold per ton grade b. For Chromite Deposits: 1. For metallurgical chromite - Alluvial/Placer deposits 2. Shallow or near surface deposits 64 65 66 67 68  RA 7076 Can a “Minahang Bayan” status be reverted/withdrawn? How? SECTION 37. Reversion of Minahang Bayan. The Secretary, upon recommendation of the Director, shall withdraw the status of the people's small-scale mining area when it can no longer be feasibly operated on a small-scale mining basis or when the safety, health and environmental conditions warrant that the same shall revert to the State for proper disposition. When the government, thru the Board, determines that Minahang Bayan can no longer be legally or feasibly operated on a small-scale basis, the Secretary, thru the Director, shall provide written notice to all Small-Scale Mining Contractors within the area.  RA 7076 Who are qualified persons to engage in small-scale mining? "Qualified Person" refers to any Filipino citizen of legal age and with capacity to contract; or a 100% Filipino-owned corporation, partnership, association or cooperative organized or authorized for the purpose of engaging in small-scale mineral processing, with technical and financial capability to undertake mineral processing, duly registered in accordance with law; What are the requirements to be a registered and licensed small-scale miner? Where do you register? How long is the validity?  RA 7076 SECTION 6. Registration and Licensing of Small-Scale Miners. All persons undertaking or intending to undertake small-scale mining operations within a declared Minahang Bayan area shall register with the Board as small-scale miner, as the case may be, subject to payment of the corresponding license application fee and the following requirements: a. Filipino citizen; b. Legal age; c. With any government issued ID; d. Barangay Clearance as proof of residency; and e. Certificate of attended skills and safety trainings conducted by MGB RO concerned. Validity: 3 years, renewable for like periods  RA 7076 Can small-scale mineral processing be done anywhere there is a “Minahang Bayan”? SECTION 14. General Provision. Small-scale mineral processing shall be undertaken only in Mineral Processing Zones (MPZ) under a Mineral Processing License (MPL): Provided, That no mercury shall be used in mineral processing. SECTION 16. Application for Mineral Processor's License. An application for Mineral Processor's License (MPL) shall be filed by a qualified person either personally or through his/her/its duly authorized representative with the Board, through the Regional Office concerned: Provided, That a MPL application shall be accepted only upon payment of the required fees in the amount of Ten Thousand Pesos (PhP 10,000.00) to the Provincial/City Government concerned, without prejudice to other fees and charges that may be imposed by the local government by way of an ordinance; Provided further, That any application with incomplete mandatory requirements shall not be accepted. 73 74  RA 7076 Can Small-Scale Mining Contracts/Mineral Processor’s License be suspended or cancelled?  RA 7076 SECTION 35. Grounds for Suspension and Administrative Fines. Small-scale mining operations covered by a Small-Scale Mining Contract/Mineral Processor's License may be suspended on the following grounds: a. Violation of the safety standards as stated in DAO No. 97-30; b. Violation of the terms and conditions of the Small-Scale Mining Contract and Mineral Processor's License; c. Late or non-submission of reportorial requirements; d. Non-compliance with the approved PEIMP, CDMP and ECC; e. Non-compliance with the approved Two (2)-Year Work Program; …  RA 7076 SECTION 35. Grounds for Suspension and Administrative Fines. Small-scale mining operations covered by a Small-Scale Mining Contract/Mineral Processor's License may be suspended on the following grounds: f. SSMC/MPL holders with tailings impoundment/disposal system that were found to have discharged and/or to be discharging solid fractions of tailings into areas other than the approved tailings disposal area shall pay PhPI00.00/metric ton, which shall accrue to the SSMWT Reserve Fund. This is without prejudice to other penalties and liabilities imposed upon the Small-Scale Mining Contractor or MPL holder under other existing laws, rules and regulations; and g. Late or non-submission of sworn annual report on the amount of mine wastes and tailings produced, contained, and/or utilized -shall mean non-availment of the exemption from payment of MWT fees and a fine of Five Thousand Pesos (PhP 5,000.00).  RA 7076 SECTION 36. Cancellation of Small-Scale Mining Contracts/MPL. A Small-Scale Mining Contract/Mineral Processor's License may be cancelled, after due process, on the following grounds: a. Gross violation of the terms and conditions of the Small-Scale Mining Contract/Mineral Processor's License; b. Failure to operate within one (1) year after the approval of the SSMC/MPL; c. Non-payment of fees, taxes, royalties and/or government production share in accordance with this Administrative Order and other applicable laws, rules and regulations for two (2) consecutive years; d. Abandonment of the small-scale mining contract area or mineral processing plant for one (1) year by the small-scale miner or mineral processor, respectively;  RA 7076 SECTION 36. Cancellation of Small-Scale Mining Contracts/MPL. A Small-Scale Mining Contract/Mineral Processor's License may be cancelled, after due process, on thefollowing grounds: … e. Any material misrepresentation in any statement made in the application or those made later in support thereof; f. When national interest and public welfare so require or for environmental protection or ecological reasons; g. When the Minahang Bayan has been reverted pursuant to Section 37 hereof; h. Violation of any provision of RA No. 7076 and this Administrative Order, and other applicable laws, rules and regulation; and i. Violation of the pertinent provisions of DAO 99-32 also known as "Policy Guidelines and Standards for Mine Wastes and Mill Tailings Management" and Section 29 hereof.  RA 7076 When Small-Scale Mining Contracts are cancelled for any of the above-mentioned grounds, except for items f and g, the Secretary, thru the Board, may impose fines of an amount not less than Twenty Thousand Pesos (PhP20,000.00) but not more than One Hundred Thousand Pesos (PhPI00,000.00). Non-payment of the fine imposed shall render the Small-Scale Mining Contractor ineligible for other Small-Scale Mining Contracts.  RA 7076 SECTION 38. Assistance to Small-Scale Miners. The Department, in coordination with the Board and other government agencies concerned, may extend any of the following assistance to small-scale miners: a. Organization of small-scale miners into cooperatives or associations; b. Technical and financial assistance and social services; c. Processing and marketing assistance; and d. Generation of ancillary livelihood activities.  RA 7076 SECTION 33. Payment of Taxes and Government Production Share. The Small-Scale Mining Contractor/Mineral Processor shall pay to the government the following: a. National and local taxes due as provided for in the National Internal Revenue Code; b. Royalty, if within mineral reservations; and c. Government production share.  RA 7076 What does RA 7076 and its IRR (DAO 2022-03) say about the Gold from small-scale mining? SECTION 39. Sale of Gold. All gold produced from Minahang Bayan shall be sold to the BSP, or its duly accredited traders, at prices competitive with those prevailing in the world market regardless of volume or weight. The Director shall, for the purposes of determining the validity of the registration of SSMs, ensure that a list of registered SSMs is readily made available to the BSP pursuant to Section 9 of the Implementing Rules and Regulations of RA No. 11256. The sale of the gold shall be in accordance with the requirements as provided in the rules and regulations of the BSP, RA No. 11256 and its Implementing Rules and Regulations. 84  RA 7076 How large (what area) can Small-Scale Mining Contracts be? SECTION 11. Extent of Small-Scale Mining Contract Area. The Board shall determine the reasonable size and shape of the small-scale mining contract area following the meridional block system established under RA No. 7942, otherwise known as the Philippine Mining Act of 1995, but in no case shall the applied area be less than 1.25 hectares and more than 20 hectares per Small-Scale Mining Contract. How long do Small-Scale Mining Contracts terms last? Can it be renewed? 86 87 88  RA 7076 Renewal … Provided, (i) That the Small-Scale Mining Contractor has complied with the terms and conditions of the Small-Scale Mining Contract and the provisions of RA No. 7076 as verified by the Board; (ii) That the application for renewal shall be filed not later than sixty (60) days prior to the expiry of the Small-Scale Mining Contract; (iii) That the application for renewal shall be accompanied by the following: 1. Duly accomplished application form (refer to Form No. SSM-01 ); 2. Proof of payment of Application Fee of PhPI0,000.00, payable to the Provincial/City government concerned; 3. Certification from the Board as to the compliance with the terms and conditions of the Small-Scale Mining Contract, which shall be issued not earlier than sixty (60) days prior to the expiration of the Small-Scale Mining Contract; 4. Proposed Two (2)-Year Work Program covering the renewal period; and 5. The Potential Envir01m1ental Impact Management Plan (PEIMP), Community Development Management Plan (CDMP) and Annual Safety and Health Program (ASHP) shall be approved by the Board within fifteen (15) days from receipt;  RA 7076 …5. The Potential Environmental Impact Management Plan (PEIMP), Community Development Management Plan (CDMP) and Annual Safety and Health Program (ASHP) ? "Potential Environmental Impact Management Plan (PEIMP)" is an environmental management and rehabilitation plan, approved by the Regional Office concerned, for the life of the Small-Scale Mining Contract/Mineral Processor's License; "Community Development and Management Plan (CDMP)" refers to the plan approved by the Regional Office concerned, which aims to assist in the development of responsible, self- reliant, and resource-based host and neighboring communities; "Annual Safety and Health Program (ASHP)" refers to a program approved by the Regional Office concerned, which ensures just, safe, and humane working environment for small-scale miners or mineral processing plant workers;  RA 7076 Do small-scale mines/Minahang Batan need to apply for an Ore Transport Permit? SECTION 40. Transport of Mineral/Mineral Products. The transport of ores/minerals/mineral products and by-products, including gold bullions, from a Minahang Bayan shall be accompanied by an Ore Transport Permit issued by the Board.  EO 79 of 2012 What does EO 79 say about Small-Scale Mining? SECTION 11. Measures to Improve Small-Scale Mining Activities. To improve and address issues on small-scale mining, the following measures shall be undertaken: a) Small-scale mining activities shall comply with RA NO. 7076, or the People’s Small-Scale Mining Act of 1991, and the Environmental Impact Statement System requirements under Presidential Decree (PD) No. 1586; b) Pursuant to RA No. 7076, small-scale mining operations shall be undertaken only within the declared People’s Small-Scale Mining Areas or Minahang Bayan; c) Pursuant to Section 24 of RA No. 7076, P/CMRBs in provinces and cities where they have not been constituted shall be operationalized within three (3) months from the effectivity of this Order;  EO 79 of 2012 What does EO 79 say about Small-Scale Mining? SECTION 11. Measures to Improve Small-Scale Mining Activities. To improve and address issues on small-scale mining, the following measures shall be undertaken: d) Small-scale mining shall not be applicable for metallic minerals except gold, silver, and chromite, as provided for in RA No. 7076; e) The use of mercury in small-scale mining shall be strictly prohibited; and, f) Training and capacity building measures in the form of technical assistance for small-scale mining cooperatives and associations shall be conducted by the concerned government agencies. 94 IPRA Law (RA 8371)  IPRA of 1997 (RA 8371) AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLES, CREATING A NATIONAL COMMISSION ON INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES What is the National Policy of the IPRA?  IPRA Law of 1997 (RA 8371) The State shall recognize and promote all the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) hereunder enumerated within the framework of the Constitution: a) The State shall recognize and promote the rights of ICCs/IPs within the framework of national unity and development; b) The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure their economic, social and cultural well being and shall recognize the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain; c) The State shall recognize, respect and protect the rights of ICCs/IPs to preserve and develop their cultures, traditions and institutions. It shall consider these rights in the formulation of national laws and policies; d) 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;  IPRA Law of 1997 (RA 8371) Bring out ¼ sheet of yellow pad 1. – this refers to areas occupied, possessed, and utilized by individuals, families, and clans who are members of ICCs/IPs since ancient times, either individually or as part of a traditional group. The occupation and ownership claims have been continuous, except for disruptions caused by war, force majeure, displacement through force, deceit, stealth, or government projects and voluntary agreements with government and private entities. Ancestral Lands include residential lots, rice terraces or paddies, private forests, swidden farms, and tree lots, among others. 2. - this refers to areas belonging to Indigenous Cultural Communities (ICCs) and Indigenous Peoples (IPs) that include lands, waters, coastal areas, and natural resources. These areas have been claimed, occupied, or possessed communally or individually by the ICCs/IPs and their ancestors since ancient times, continuously to the present. Ancestral Domains encompass various types of lands, such as residential, agricultural, forested, and individually-owned lands, as well as hunting grounds, burial sites, worship areas, bodies of water, mineral resources, and lands previously accessed by nomadic or shifting cultivators.  IPRA Law of 1997 (RA 8371) Bring out ¼ sheet of yellow pad 3. – this refers to a period of time when as far back as recollection/remembrance can go, certain ICCs/IPs are known to have occupied, possessed in the concept of owner, and utilized a defined territory devolved to them, by operation of customary law or inherited from their ancestors, in accordance with their customs and traditions. 4. – this refers to a private, nonprofit voluntary organization of members of an ICC/IP which is accepted as representative of such ICCs/IPs; 5. – this refers to a private, nonprofit voluntary organization that has been organized primarily for the delivery of various services to the ICCs/IPs and has an established track record for effectiveness and acceptability in the community where it serves;  IPRA Law of 1997 (RA 8371) Bring out ¼ sheet of yellow pad 6. – as used in this Act shall mean the consensus of all members of the ICCs/IPs to be determined in accordance with their respective customary laws and practices, free from any 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; 7. - - this refer to a body of written and/or unwritten rules, usages, customs and practices traditionally and continually recognized, accepted and observed by respective ICCs/IPs; 8. – this refers to the office created under this Act, which shall be under the Office of the President, and which shall be the primary government agency responsible for the formulation and implementation of policies, plans and programs to recognize, protect and promote the rights of ICCs/IPs;  IPRA Law of 1997 (RA 8371) Bring out ¼ sheet of yellow pad 9. – they refer to a group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and cultures, became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains;  IPRA Law of 1997 (RA 8371) Bring out ¼ sheet of yellow pad 10. – these refer to organizational and cultural leadership systems, institutions, relationships, patterns and processes for decision-making and participation, identified by ICCs/IPs such as, but not limited to, Council of Elders, Council of Timuays, Bodong Holders, or any other tribunal or body of similar nature;  IPRA Law of 1997 (RA 8371) What is required to be able to do mining activities in Ancestral Domains and Lands? Free and Prior Informed Consent — as used in this Act shall mean the: consensus of all members of the ICCs/IPs to be determined in accordance with their respective customary laws and practices, free from any 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; To be able to obtain such FPIC, the minimum agreed royalty payment may not be less than 1% of the gross output. That royalty shall form part of a trust fund managed and utilised by the ICCs for their socioeconomic wellbeing.  IPRA Law of 1997 (RA 8371) There are 3 mentions of mining/minerals in the IPRA, what are these? Can minerals be part of ancestral domains? Ancestral Domains — Subject to Section 56 hereof, refer to all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals/corporations, and which are necessary to ensure their economic, social and cultural welfare. It shall include ancestral lands, forests, pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators;  IPRA Law of 1997 (RA 8371) There are 3 mentions of mining/minerals in the IPRA, what are these? Can minerals be part of ancestral domains? Ancestral Domains — Subject to Section 56 hereof, refer to all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals/corporations, and which are necessary to ensure their economic, social and cultural welfare. It shall include ancestral lands, forests, pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators;  IPRA Law of 1997 (RA 8371) There are 3 mentions of mining/minerals in the IPRA, what are these? Can minerals be part of ancestral domains? Ancestral Domains — Subject to Section 56 hereof, refer to all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals/corporations, and which are necessary to ensure their economic, social and cultural welfare. It shall include ancestral lands, forests, pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators;  IPRA Law of 1997 (RA 8371) There are 3 mentions of mining/minerals in the IPRA, what are these? o) Sustainable Traditional Resource Rights — refer to the rights of ICCs/IPs to sustainably use, manage, protect and conserve a) land, air, water, and minerals; b) plants, animals and other organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and e) other areas of economic, ceremonial and aesthetic value in accordance with their indigenous knowledge, beliefs, systems and practices; and  IPRA Law of 1997 (RA 8371) There are 3 mentions of mining/minerals in the IPRA, what are these? Right to Indigenous Knowledge Systems and Practices and to Develop own Sciences and Technologies — 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, vital medicinal plants, animals and minerals, indigenous knowledge systems and practices, knowledge of the properties of fauna and flora, oral traditions, literature, designs, and visual and performing arts. 108 Mining Engineering Law (RA 4274) of 1965  Mining Engineering Law (RA 4274) An Act to Regulate the Practice of Mining Engineering, to Provide for Licensing and Registration of Personnel of Mines and Quarries, and for Other Purposes Section 1. Title of Act.- This Act shall be known as the “Mining Engineering Law of the Philippines.”  Mining Engineering Law (RA 4274) Who can become Board Examiners/Members? 1. Be a citizen of the Philippines; 2. Be a holder of the degree of Engineer of Mines, E.M.; Bachelor of Science in Mining Engineering, B.S.E.M., conferred by any engineering school or college, legally chartered and of good standing; 3. Be registered and legally qualified to practice mining engineering in the Philippines; 4. Has been engaged in the actual practice of mining engineering, metallurgical engineering and/ or geology for at least ten years, five of which must be in the field of mining engineering; 5. Not to be member of the faculty of any school, college or university, where a regular course in mining engineering, geology and/or metallurgy is taught, nor have pecuniary interest in such institution; 6. Recommended by the corresponding bona fide professional mining engineering society  Mining Engineering Law (RA 4274) Can Board Members be removed? On what grounds? Section 7. Removal of the Board Members.- The President, 6 through his Executive Secretary,7 may remove any member of the Board for neglect of duty or incompetency, or for unprofessional or dishonorable, unethical conduct, after having given the member concerned an opportunity to defend himself in a proper administrative investigation to be conducted by the Office of the Civil Service Commissioner. “Terms of Office.- The members of the Board shall hold office for a term of three years after their appointment or until their successors shall have been appointed and duly qualified.”  Mining Engineering Law (RA 4274) What does the “Inhibition from Practicing Mining Engineering “ say? Section 11. Inhibition from Practising Mining Engineering. - No person shall practice or offer to practice mining engineering in the Philippines, without having been previously registered as a mining engineer under the provisions of this Act or granted a certificate of exemption under Section thirteen of this Act  Mining Engineering Law (RA 4274) What does practicing “Mining Engineering” profession mean? Section 12. Definition of Terms.- A person shall be deemed to be practising mining engineering or rendering mining engineering service within the meaning and intent of this Act who shall, for a fee, salary or other reward of compensation, paid to him or through another person, or even without such compensation, render or offer to render by means of signs, cards, advertisements, written reports, and/or in any other manner offer to practice mining engineering in the form of consultation, investigation, mining reports, valuation and ore reserve calculation; take charge of, direct and/or supervise underground and/or surface mining, opencuts, pits and/or quarries; shaft sinking, tunnelling, stopping, dredging, hydraulicking and sluicing for minerals and/or mineral products: Provided, That the above functions are exercised in a responsible and independent capacity  Mining Engineering Law (RA 4274) Who is qualified to become a licensed/registered Mining Engineer? What is required? Section 15. Qualifications for Examinations.- In order to be admitted to the mining engineering examinations, an applicant shall establish to the satisfaction of the Board that: 1. He is at least twenty-one years of age: Provided, That an applicant possessing all theory qualifications contained in this section who is under twenty-one years of age may be allowed to take the examinations on condition that he shall not be granted a certificate until after he attains twenty-one years of age; 2. If a foreigner, his country accords reciprocity with the Philippines; 3. He is of good reputation and moral character; 4. He has graduated with at least a bachelor of science degree in mining engineering, from a duly recognized school, college or university; or bachelor of science in any engineering course or in geology, plus at least five years of practical mining experience subject to evaluation by the Board: Provided, That other engineering professions shall give this same privilege to graduates in mining engineering  Mining Engineering Law (RA 4274) Who is qualified to become a licensed/registered Mine and/or Quarry Foreman? Section 16. Qualifications of Applicants for Mine and/ or Quarry Foreman.- Any person applying for a certificate of registration as mine and/or quarry foreman shall, prior to his admission for certification, establish to the satisfaction of the Board that: 1. He is at least twenty one years of age; 2. If a foreigner, his country accords reciprocity with the Philippines; 3. He is of good reputation and moral character; 4. He has completed a mining and/or quarry course of instruction from a vocational or trade school or correspondence school of known standing or from any mining company training course or its equivalent; or 5. He has at least five years actual experience in mining and/or quarrying.  Mining Engineering Law (RA 4274) Section 17. Date and Scope of Examination.- Examinations for the practice of mining engineering shall be given on the second Monday of January and July of each year. Examinations shall cover questions relating to: a. Mining engineering and economics, mining laws and ethics; b. Metallurgy, ore dressing and assaying; c. Geology and surveying; d. Applied mathematics. Provided, That, the relative weights of mining engineering and economic, mining laws and ethics shall be forty percent; that of geology and surveying, twenty percent; that of metallurgy, twenty percent; and that of applied mathematics, twenty percent. Section 18. Report of Examination Results.- The Board of Examiners for Mining Engineers, shall within ninety days after the examination, report the ratings obtained by each candidate to the Commissioner of Civil Service.  Mining Engineering Law (RA 4274) Can a certificate/license be revoked? Section 22. Reprimand, Suspension and Revocation of Certificates. The Board, after due hearing, shall have the power to reprimand any registrant suspend or revoke his certificate of registration for any cause specified in this section, or for the use or perpetration of any fraud or deceit in obtaining such certificate, or for a gross negligence or incompetency in the practice of his occupation or profession, or for unprofessional, dishonorable, or immoral conduct: Provided, however, That the decision of the Board in the exercise of this power shall be appealable, within thirty days after receipt of the decision of the Board, to the President of the Philippines whose decision shall be final. It shall be sufficient for the revocation of the certificate issued under this Act on the ground of unprofessional or dishonorable conduct on the part of the registrant that he has: 1. Signed any technical report, mine valuation, mineral ore reserve estimate or other documents or works not prepared by him or under his supervision;…  Mining Engineering Law (RA 4274) Section 22. Reprimand, Suspension and Revocation of Certificates. … 2. Represented himself as having taken charge of, undertaken or supervised the survey, valuation, mine tunnelling, shafting and quarrying, without having actually done so; or 3. Represented himself as having performed mining engineering service in connection with the planning of exploration, development, exploitation, mining or mineral products without actually having done so; or 4. Represented himself as having acted as superintendent of a mining operation without having done so. Any person or persons, firm, association or corporation may prefer charges in accordance with the provisions of this sections against any registrant, and the Board shall take cognizance within thirty days after receipt, and investigate the truth of the complaint. Such charges shall be in writing and shall be sworn to by the person making them and shall be filed with the Secretary of the Board.  Mining Engineering Law (RA 4274) Can revoked Certificate be re-issued? Section 23. Re-issue of Revoked Certificate and Replacement of Lost Certificate. The Board may, after the expiration of two years from the date of revocation of a certificate of registration, for reasons it may deem sufficient, entertain any application for a new certificate of registration, from a person whose certificate has been revoked, in the same manner as an application for an original certificate and in so doing it may, in its discretion, exempt the applicant from the necessity of undergoing any examination. In like manner, the Board may reinstate suspendees upon application. A new certificate of registration to replace any certificate lost, destroyed or mutilated may be issued subject to the rules prescribed by the Board.  Mining Engineering Law (RA 4274) Can revoked Certificate be re-issued? Section 23. Re-issue of Revoked Certificate and Replacement of Lost Certificate. The Board may, after the expiration of two years from the date of revocation of a certificate of registration, for reasons it may deem sufficient, entertain any application for a new certificate of registration, from a person whose certificate has been revoked, in the same manner as an application for an original certificate and in so doing it may, in its discretion, exempt the applicant from the necessity of undergoing any examination. In like manner, the Board may reinstate suspendees upon application. A new certificate of registration to replace any certificate lost, destroyed or mutilated may be issued subject to the rules prescribed by the Board. 121 Mining Engineering CODE OF ETHICS  Mining Engineering CODE OF ETHICS PREAMBLE It is a solemn responsibility of a Mining Engineer, after admission in the practice of mining engineering to adhere to the fundamental principles of his/her profession guided by a norm of conduct consistent with this Code of Ethics. Article I - DECLARATION OF PRINCIPLES Rule 1. The practice of Mining Engineering, as a profession, is a privilege granted by the State. The privilege requires a high degree of knowledge, efficiency, responsibility and morality. The dignity and honor of the profession must at all times be kept unblemished. Rule 2. The duly constituted authorities shall be recognized and obeyed in the practice of the profession. Rule 3. A Mining Engineer shall endeavor to protect and conserve, develop, and utilize the natural resources of the State for the benefit of the present and future generations.  Mining Engineering CODE OF ETHICS Article II - RESPONSIBILITIES TO THE STATE Rule 1. The Mining Engineer shall maintain allegiance to the Republic of the Philippines, support the Constitution and obey all laws duly promulgated and approved by the duly constituted authorities. Rule 2. The Mining Engineer shall faithfully exercise his/ her profession, conserve and protect the natural resources of the State, and promote the development and use of such natural resources for the interest of the people. Rule 3. The Mining Engineer shall strive for the common good and shall contribute his/her expertise for the success of national projects or policies. Rule 4. The Mining Engineer in the government service must work for the interest of the government and shall not employ his position for profit. He shall not exact favors or oppress those dealing with his office. Rule 5. The Mining Engineer shall actively support the organization of his chosen profession, and share his experiences with others in the profession.  Mining Engineering CODE OF ETHICS Sample scenario: You are a mining engineer working on a project in the Republic of the Philippines. The project involves the extraction of a valuable mineral resource located in an ecologically sensitive area. The government has granted permits for the operation, and it promises significant economic benefits for the country. However, you have concerns about the potential environmental impact of the mining activities on the surrounding ecosystem, including the destruction of habitats and contamination of water sources. What do you do? Do you prioritize your responsibility to the state and the development of natural resources, complying with the approved permits and regulations? Or do you adhere to your ethical obligation to conserve and protect the natural resources and strive for the common good by advocating for alternative approaches that minimize environmental harm? How do you reconcile the conflicting interests of economic development and environmental sustainability while upholding your professional integrity?  Mining Engineering CODE OF ETHICS Article III - RESPONSIBILITIES TO THE COMMUNITY Rule 1. Foremost, The Mining Engineer should be aware of the safety and welfare of the people, in the pursuit of his/her profession. Rule 2. The Mining Engineer shall always be ready and willing to render professional service, even without compensation, in cases of accidents, emergencies, or calamities. Rule 3. The 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. He shall report to the proper authorities acts or omissions relative to the practice of the profession which are prejudicial to public interest and the welfare of the people. Rule 4. The Mining Engineer shall not render a professional opinion or report without the benefit of supporting facts and competent analysis of the mining issue at hand. The basis and limitations of his professional opinion or conclusion must be stated clearly, taking into account the purpose for which the opinion or report is rendered.  Mining Engineering CODE OF ETHICS Article III - RESPONSIBILITIES TO THE COMMUNITY Rule 5. The Mining Engineer shall not issue or cause to be issued any sensational or exaggerated opinion, report or statement tending to induce or encourage any undertaking or activity that may be immoral, unlawful or inimical to the general welfare. Rule 6. The Mining Engineer shall always endeavor, if called upon to enlighten any interested sector of the community, to state honestly in accordance with his professional knowledge the facts or circumstances pertinent to the inquiry, without bias or prejudice. Rule 7. The Mining Engineer shall not cause or allow the publication of his report, maps or dissertations for any untoward, unlawful or immoral undertaking. However, he may publish or cause the publication of any article, document or writing in order to impart his knowledge and expertise to the public.  Mining Engineering CODE OF ETHICS Article III - RESPONSIBILITIES TO THE COMMUNITY Rule 8. The Mining Engineer may publish or disseminate professional calling cards or announcements; but the announcement or advertisement of his work or expertise must not be false or exaggerated. Pursuant to the provisions of Section 3 of the Republic Act No. 4274, known as the Mining Engineering Law of the Philippines, and Section 6 of P.D. No. 223, this Code of Ethics for Mining Engineers endorsed by the Philippine Society of Mining Engineers (PSEM) is hereby adopted to govern the practice of mining engineering in the Philippines.  Mining Engineering CODE OF ETHICS Sample scenario: You are a mining engineer working for a large mining corporation. The company is planning to establish a new mining operation in a rural community. The project has the potential to bring economic development and job opportunities to the area. However, during your preliminary assessments, you discover that the mining activities could have detrimental effects on the health of the local community. The extraction process may release harmful pollutants into the air and water sources, posing significant risks to the residents' well-being. What do you do? Do you prioritize the company's interests and proceed with the project, disregarding the potential health consequences? Or do you fulfill your responsibility to the community's safety and welfare by raising concerns and advocating for necessary precautions and mitigation measures? How do you navigate the ethical dilemma of balancing economic development and public health, while ensuring you provide honest and accurate information to the community and the relevant authorities?  Mining Engineering CODE OF ETHICS Article IV - RESPONSIBILITIES TO EMPLOYER AND CLIENTS Rule 1. The Mining Engineer must faithfully use his knowledge and skills in performing his tasks to this clients or employer. Rule 2. The Mining Engineer shall protect with utmost professional attention the interest of his employer or client. Rule 3. The 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. Rule 4. The Mining Engineer, whose obligations to his employer or clients are in conflict with his professional obligations or ethics, should endeavor to resolve the conflict in accordance with the law, public policy, and the provisions of this Code. Where the conflict is beyond reconciliation, he should sever his professional engagement.  Mining Engineering CODE OF ETHICS Article IV - RESPONSIBILITIES TO EMPLOYER AND CLIENTS Rule 5. The Mining Engineer shall disclose to his prospective employer or client any personal interest he holds on any mineral property, mining organization, or other matters which may affect, directly or indirectly, adversely or otherwise, his relations and obligations with the prospective client or employer. Rule 6. The Mining Engineer shall not divulge any information given in confidence during his employment; neither shall he attempt to profit therefrom nor shall he use, directly or indirectly, such information to the prejudice of his employer or client. Rule 7. The Mining Engineer shall not engage or offer to engage, his/her professional services to those with conflicting and adverse interests. Rule 8. The Mining Engineer must faithfully promote and advance the interest of his employer or client.  Mining Engineering CODE OF ETHICS Article IV - RESPONSIBILITIES TO EMPLOYER AND CLIENTS Rule 9. The Mining Engineer shall not place himself under any obligation to any person or organization who has a pending transaction with his employer or client, and shall not receive any favor from such person or organization. Rule 10.The Mining Engineer must refer his client or employer, whenever necessary to serve the interests of the latter, to experts or consultants. He must not accept any favor or compensation whatsoever for the referral to such experts or consultants. Rule 11. The Mining Engineer shall act as trustee of his client or employment in the preparation of contracts and similar documents. He shall be impartial in the interpretation of such documents so that the rights and obligations of his clients or employer and other contracting parties shall be faithfully determined and discharged.  Mining Engineering CODE OF ETHICS Sample scenario: You are a highly skilled mining engineer working for a mining consultancy firm. One day, you receive an offer from a potential client, a mining company, to assess the feasibility of a proposed mining project. The project seems promising and could generate significant profits for both the client and your consultancy firm. However, during your evaluation, you come across some environmental concerns that raise ethical questions. If the project proceeds as planned, it could have severe negative impacts on the local ecosystem and surrounding communities. Here's the dilemma: Do you prioritize the financial interests of your employer and the potential client by downplaying or disregarding the environmental concerns? Or do you fulfill your professional responsibilities to protect the environment and the welfare of the affected communities by raising these concerns and advocating for sustainable practices, even if it means risking the loss of the project and potentially damaging your relationship with your employer and client?  Mining Engineering CODE OF ETHICS Article V - RESPONSIBILITIES TO EMPLOYEES Rule 1. The Mining Engineer, as employer, shall at all times be concerned with the welfare of his employees whose rights as workers are guaranteed under the Constitution and protected by laws. Rule 2. The Mining Engineer shall be willing to share the substantial profits from his enterprise with the employees responsible therefor. Rule 3. The Mining Engineer mush observe and obey all laws, rules and regulations on labor, particularly those affecting labor relations, hours of work, wages and terms and conditions of work. Rule 4. The Mining Engineer shall at all times strive to improve the knowledge and skill of his employees, provide safety measures for his men, and maintain the operational efficiency of his machines or equipment.  Mining Engineering CODE OF ETHICS Article VI - RESPONSIBILITIES TO COLLEAGUES Rule 1. The Mining Engineer shall accord respect and courtesy to his brothers in the profession. He shall abstain from opinions or comments, critical of, or prejudicial to his colleague’s reputation or business, unless such colleague is engaged in activities inimical to the dignity and integrity of the profession, and such critical views are aired in the proper forum. Rule 2. The Mining Engineer shall not fraternize with those engaged in unethical practices. Rule 3. The Mining Engineer must duly acknowledge the professional work of his colleagues and give full recognition thereto; and must refrain from plagiarism in oral or written communications. Rule 4. The Mining Engineer shall ensure that proper credit and recognition must be accorded to any associate, subordinate, or partner, who has contributed to the work for which he himself claims responsibility.  Mining Engineering CODE OF ETHICS Article VI - RESPONSIBILITIES TO COLLEAGUES Rule 5. The Mining Engineer must not take undue advantage of his present or former stature or position in the profession to unduly oppress or unfairly compete with his colleagues or take undue advantage of their weaknesses or lack of knowledge. He must not use the advantages of private practice to the detriment of his employed colleagues. Rule 6. The Mining Engineer must always encourage and promote the professional advancement of his colleagues, especially when he occupies a position of authority. He shall exert efforts to assist in the development of the knowledge and skills of his colleagues. Rule 7. The Mining Engineer shall not describe himself or permit himself to be described as a consultant, unless he possesses all the necessary qualifications and experience, occupies a position of professional independence, and able to act as an independent and unbiased adviser. Rule 8. The Mining Engineer shall seek harmony and cooperation among colleagues in the profession, encourage the ethical dissemination of knowledge in mining engineering and be actively involved with legitimate organizations of his profession.  Mining Engineering CODE OF ETHICS Sample scenario: You are a senior mining engineer working for a large mining corporation. You have a team of dedicated employees who work tirelessly to ensure the smooth operation of the mining projects. They are skilled, hardworking, and have contributed significantly to the company's success. However, you recently discovered that one of your colleagues, who is also a mining engineer in a similar position, has been engaging in unethical practices. They have been manipulating data and cutting corners to meet production targets, compromising the safety of the employees and the integrity of the projects. This colleague is well-connected within the company and holds a position of influence. Here's the dilemma: Do you confront your colleague and report their unethical behavior to the appropriate authorities, potentially risking your professional relationship and creating tension within the company? Or do you remain silent, prioritizing harmony among colleagues and avoiding potential conflicts, even though it means compromising the safety of your employees and the overall integrity of the profession?  Mining Engineering CODE OF ETHICS Article VII – ESSENCE OF MINING ENGINEER’S DUTIES AND RESPONSIBILITIES Rule 1. The conferment of the privilege to practice Mining Engineering requires the faithful, ethical and lawful performance of the acts constitutive of professional practice. In the ultimate analysis, the Mining Engineer’s existence is justified by the need to ensure that all the God- given natural mineral resources of the State shall be wisely conserved, and properly developed, exploited, and utilized for the benefit of the present and future generations of the country. Article VIII Rule 1. Violation of any provision of this Code shall constitute unethical or unprofessional conduct, and shall be dealt with under the provisions of Section 22 of the Mining Engineering Law and Section 16 of the Rules and Regulations implementing the aforesaid Law. Effectivity Rule 1. This Code shall take effect upon approval hereof by the Commission and after fifteen (15) days following its publication in the Official Gazette. Adopted in the City of Manila, this 10th day of January, 1986.  Future reading assignments ◉ RA 8749, RA 9003, RA 9275, RA 6969, RA 9147 (May 24 Wednesday) ◉ No meeting (May 26 Friday) ◉ Group Presentations (May 31 Wednesday) ◉ 2nd Long Exam/Finals (June 2 Friday*) Copyright © 2023 Christian Arranz. All Rights Reserved 139 Philippine Environmental Laws CLEAN AIR ACT (RA 8749) of 1999  RA 8749 of 1999 AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER PURPOSES Section 1. Short Title. - This Act shall be known as the "Philippine Clean Air Act of 1999." Section 2. Declaration of Principles. - The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems. The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based. The State also recognizes the principle that "polluters must pay". Finally, the State recognizes that a clean and healthy environment is for the good of all and should, therefore, be the concern of all.  RA 8749 of 1999 AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER PURPOSES Section 3. Declaration of Policies. - The State shall pursue a policy of balancing development and environmental protection. To achieve this end, the frame work for sustainable development shall be pursued. It shall be the policy of the State to: (a) Formulate a holistic national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities; (b) Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments; (c) Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution;  RA 8749 of 1999 1. - any alteration of the physical, chemical and biological properties of the atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes; 2. - any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases in their natural or normal concentrations, that is detrimental to health or the environment, which includes but not limited to smoke, dust, soot, cinders, fly ash, solid particles of any kind, gases, fumes, chemical mists, steam and radio-active substances; 3. - any air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere; 4. - those gases that can potentially or can reasonably be expected to induce global warming, which include carbon dioxide, methane, oxides of nitrogen, chlorofluorocarbons, and the like;  RA 8749 of 1999 5. - any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power, constructed and operated principally for the conveyance of persons or the transportation of property or goods in a public highway or street open to public use; 6. - means any building or immobile structure, facility or installation which emits or may emit any air pollutant.  RA 8749 of 1999 "Ambient air quality guideline values" mean the concentration of air over specified periods classified as short-term and long-term which are intended to serve as goals or objectives for the protection of health and/or public welfare. These values shall be used for air quality management purposes such as determining time trends, evaluating stages of deterioration or enhancement of the air quality, and in general, used as basis for taking positive action in preventing, controlling, or abating air pollution; "Ambient air quality" means the general amount of pollution present in a broad area; and refers to the atmosphere's average purity as distinguished from discharge measurements taken at the source of pollution; "Certificate of Conformity" means a certificate issued by the Department of Environment and Natural Resources to a vehicle manufacturer/assembler or importer certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act and its rules and regulations;  RA 8749 of 1999 "Hazardous substances" mean those substances which present either: (1) short-term acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2) longterm toxicity upon repeated exposure, carcinogenicity (which in some cases result in acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the potential to pollute underground or surface waters; "Octane Rating or the Anti-Knock Index(AKI)" means the rating of the anti-knock characteristics of a grade or type of automotive gasoline as determined by dividing by two (2) the sum of the Research Octane Number (RON), plus the Motor Octane Number (MON); the octane requirement, with respect to automotive gasoline for use in a motor vehicle or a class thereof, whether imported, manufactured, or assembled by a manufacturer, shall refer to the minimum octane rating of such automotive gasoline which such manufacturer recommends for the efficient operation of such motor vehicle, or a substantial portion of such class, without knocking;  RA 8749 of 1999 "Ozone Depleting Substances (ODS)" means those substances that significantly deplete or otherwise modify the ozone layer in a manner that is likely to result in adverse effects of human health and the environment such as, but not limited to, chloroflourocarbons, halons and the like; "Poisonous and toxic fumes" means any emissions and fumes which are beyond internationally - accepted standards, including but not limited to the World Health Organization (WHO) guideline values; "Pollution control device" means any device or apparatus used to prevent, control or abate the pollution of air caused by emissions from identified pollution sources at levels within the air pollution control standards established by the Department; "Pollution control technology" means the pollution control devices, production process, fuel combustion processes or other means that effectively prevent or reduce emissions or effluent; 147 148 149 150 151  Future reading assignments ◉ Solid Waste, Water, Air (May 24 Wednesday) No meeting (May 26 Friday) Group Presentations (May 31 Wednesday) 2nd Long Exam/Finals (June 2 Friday) Copyright © 2023 Christian Arranz. All Rights Reserved 153 Philippine Environmental Laws ECOLOGICAL SOLID WASTE MANAGEMENT ACT (RA 9003) of 2000  RA 9003 of 2000 AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT PROGRAM, CREATING THE NECESSARY INSTITUTIONAL MECHANISMS AND INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES SECTION 1. Short Title. — This Act shall be known as the “Ecological Solid Waste Management Act of 2000.” SECTION 2. Declaration of Policies. — It is hereby declared the policy of the State to adopt a systematic, comprehensive and ecological solid waste management program which shall: (a) Ensure the protection of public health and environment; (b) Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resource conservation and recovery;  RA 9003 of 2000 (c) Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures, including composting, recycling, re-use, recovery, green charcoal process, and others, before collection, treatment and disposal in appropriate and environmentally sound solid waste management facilities in accordance with ecologically sustainable development principles; (d) Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the formulation and adoption of the best environmental practice in ecological waste management excluding incineration; (e) Promote national research and development programs for improved solid waste management and resource conservation techniques, more effective institutional arrangement and indigenous and improved methods of waste reduction, collection, separation and recovery; (f) Encourage greater private sector participation in solid waste management;  RA 9003 of 2000 (g) Retain primary enforcement and responsibility of solid waste management with local government units while establishing a cooperative effort among the national government, other local government units, non-government organizations, and the private sector; (h) Encourage cooperation and self-regulation among waste generators through the application of market-based instruments; (i) Institutionalize public participation in the development and implementation of national and local integrated, comprehensive and ecological waste management programs; and (j) Strengthen the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula of formal and non-formal education in order to promote environmental awareness and action among the citizenry.  RA 9003 of 2000 (g) Retain primary enforcement and responsibility of solid waste management with local government units while establishing a cooperative effort among the national government, other local government units, non-government organizations, and the private sector; (h) Encourage cooperation and self-regulation among waste generators through the application of market-based instruments; (i) Institutionalize public participation in the development and implementation of national and local integrated, comprehensive and ecological waste management programs; and (j) Strengthen the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula of formal and non-formal education in order to promote environmental awareness and action among the citizenry.  RA 9003 of 2000 7. - refers to all discarded household, commercial waste, non-hazardous institutional and industrial waste, street sweepings, construction debris, agricultural waste, and other non- hazardous/non-toxic _________ _________. 8. Are waste resulting from mining activities, including contaminated soil and debris, included in number 7? 159 Philippine Environmental Laws CLEAN WATER ACT (RA 9275) of 2004  RA 9275 of 2004 AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER PURPOSES SECTION. 1. Short Title. This Act shall be known as the “Philippine Clean Water Act of 2004.” SEC. 2. Declaration of Policy. The State shall pursue a policy of economic growth in a manner consistent with the protection, preservation and revival of the quality of our fresh, brackish and marine waters. To achieve this end, the framework for sustainable development shall be pursued. As such, it shall be the policy of the State: a) To streamline processes and procedures in the prevention, control and abatement of pollution of the country’s water resources; b) To promote environmental strategies, use of appropriate economic instruments and of control mechanisms for the protection of water resources; c) To formulate a holistic national program of water quality management that recognizes that water quality management issues cannot be separated from concerns about water sources and ecological protection, water supply, public health and quality of life;  RA 9275 of 2004 AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER PURPOSES SEC. 2. Declaration of Policy. The State shall pursue a policy of economic growth in a manner consistent with the protection, preservation and revival of the quality of our fresh, brackish and marine waters. To achieve this end, the framework for sustainable development shall be pursued. As such, it shall be the policy of the State: d) To formulate an integrated water quality management framework through proper delegation and effective coordination of functions and activities; e) To promote commercial and industrial processes and products that are environment friendly and energy efficient; f) To encourage cooperation and self-regulation among citizens and industries through the application of incentives and market-based instruments and to promote the role of private industrial enterprises in shaping its regulatory profile within the acceptable boundaries of public health and environment;  RA 9275 of 2004 SEC. 2. Declaration of Policy. The State shall pursue a policy of economic growth in a manner consistent with the protection, preservation and revival of the quality of our fresh, brackish and marine waters. To achieve this end, the framework for sustainable development shall be pursued. As such, it shall be the policy of the State: g) To provide for a comprehensive management program for water pollution focusing on pollution prevention; h) To promote public information and education and to encourage the participation of an informed and active public in water quality management and monitoring; i) To formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity; and j) To encourage civil society and other sectors, particularly labor, the academe and business undertaking environment-related activities in their efforts to organize, educate and motivate the people in addressing pertinent environmental issues and problems at the local and national levels.  RA 9275 of 2004 9. - includes, but is not limited to, the act of spilling, leaking, pumping, pouring, emitting, emptying, releasing or dumping of any material into a water body or onto land from which it might flow or drain into said water. 10. - means discharges from known source which is passed into a body of water or land, or wastewater flowing out of a manufacturing plant, industrial plant including domestic, commercial and recreational facilities. 11. - means any legal restriction or limitation on quantities, rates, and/or concentrations or any combination thereof, of physical, chemical or biological parameters of effluent which a person or point source is allowed to discharge into a body of water or land. 12. - means any method, technique, or process designed to alter the physical, chemical or biological and radiological character or composition of any waste or wastewater to reduce or prevent pollution. 13. – means any alteration of the physical, chemical or biological or radiological properties of a water body resulting in the impairment of its purity or quality.  RA 9275 of 2004 14. - means the characteristics of water which define its use in terms of physical, chemical, biological, bacteriological or radiological characteristics by which the acceptability of water is evaluated. 15. - substances that are without any safe commercial, industrial, agricultural or economic usage and are shipped, transported or brought from the country of origin for dumping or disposal into or in transit through any part of the territory of the Philippines. These also refer to by-products, side- products, process residues, spent reaction media, contaminated plant or equipment or other substances from manufacturing operations, and as consumer discards of manufactured products. 165 Philippine Environmental Laws TOXIC SUBSTANCES AND HAZARDOUS & NUCLEAR WASTES CONTROL ACT (RA 6969) of 1990  RA 6969 of 1990 AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES SECTION 1. Short Title. — This Act shall be known as the “Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990.” SECTION 2. Declaration of Policy. — It is the policy of the State to regulate, restrict or prohibit the importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and mixtures that; present unreasonable risk and/or injury to health or the environment to prohibit the entry, even in transit, of hazardous and nuclear wastes and their disposal into the Philippine territorial limits for whatever purpose; and to provide advancement and facilitate research and studies on toxic chemicals. SECTION 3. Scope. — This Act shall cover the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and disposal of all unregulated chemical substances and mixtures in the Philippines, including 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 6969 of 1990 SECTION 4. Objectives. — The objectives of this Act are: a) To keep an inventory of chemicals that are presently being imported, manufactured, or used, indicating, among others, their existing and possible uses, test data, names of firms manufacturing or using them, and such other information as may be considered relevant to the protection of health and the environment; b) 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 in accordance with national policies and international commitments; c) 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; and d) 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. 168 Philippine Environmental Laws WILDLIFE RESOURCES CONSERVATION & PROTECTION ACT (RA 9147) of 2001  RA 9147 of 2001 AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES SECTION 1. Title. — This Act shall be known as the “Wildlife Resources Conservation and Protection Act.” SECTION 2. Declaration of Policy. — It shall be the policy of the State to conserve the country’s wildlife resources and their habitats for sustainability. In the pursuit of this policy, this Act shall have the following objectives: (a) to conserve and protect wildlife species and their habitats to promote ecological balance and enhance biological diversity; (b) to regulate the collection and trade of wildlife; (c) to pursue, with due regard to the national interest, the Philippine commitment to international conventions, protection of wildlife and their habitats; and (d) to initiate or support scientific studies on the conservation of biological diversity.  Future reading assignments ◉ Solid Waste, Water, Air (May 24 Wednesday) No meeting (May 26 Friday) Group Presentations (May 31 Wednesday) 2nd Long Exam/Finals (June 2 Friday) Copyright © 2023 Christian Arranz. All Rights Reserved  Future reading assignments ◉ Executive Order No 79 of 2012 (4th week April) ◉ Executive Order No 130 of 2021s (4th week April) ◉ RA 7076 of 1991 - People’s Small Scale Mining Act (4th week April to 2nd week May) ◉ RA 8371 of 1997 - IPRA Law (Indigenous People’s Rights Act) (2nd week May) ◉ Mining Engineering Law (3rd week May) ◉ Mining Enginering Code of Ethics (4th week May) ◉ Philippine Environmental Laws (June til end of sem) Copyright © 2023 Christian Arranz. All Rights Reserved 2 Latest Major Legislations: EO79 of 2012 EO130 of 2021 TRAINLaw(RA10963)  EO 79 of 2012 What are the main objectives of this legislation? What are key provisions of this legislation? Copyright © 2023 Christian Arranz. All Rights Reserved. Copyright © 2023 Christian Arranz. All Rights Reserved  RA 7942 Areas Closed to Mining Operations 1. In military and other government reservations, except upon prior written clearance by the government agency concerned; 2. Near or under public or private building, cemeteries, archeological and historic sites, bridges, highways, waterways, railroads, reservoirs, dams or other infrastructure projects, public or private works including plantations or valuable crops, except upon written consent of the government agency or private entity concerned; 3. In areas covered by valid and existing mining rights ; 4. In areas expressly prohibited by law; 5. In areas covered by small-scale miners as defined by law unless with prior consent of the small-scale miners, in which case a royalty payment upon the utilization of minerals shall be agreed upon by the parties, said royalty forming a trust fund for the socioeconomic development of the community concerned; and Copyright © 2023 Christian Arranz. All Rights Reserved  RA 7942 Areas Closed to Mining Operations 6. Old growth or virgin fores ts , proclaimed waters hed, fores t res erves , wildernes s areas , mangrove fores ts , mos s y fores ts , national parks , provincial/municipal fores ts , parks , greenbelts , game refuge and bird s anctuaries as defined by law and in areas expressly prohibited under the National Integrated Protected Areas System (NIPAS) under the R.A. No. 7586, Department Administrative Order No. 25, series of 1992 and other laws. Copyright © 2023 Christian Arranz. All Rights Reserved  EO 79 of 2012 SECTION 1 - Areas Closed to Mining Operations 1. Areas expressly enumerated under Section 19 of RA No. 7942; 2. Protected areas categorized and established under the National Integrated Protected Areas System (NIPAS) under RA No. 7586; 3. Prime agricultural lands, in addition to lands covered by RA No. 6657, or the Comprehensive Agrarian Reform Law of 1988, as amended, including plantations and areas devoted to valuable crops, and strategic agriculture and fisheries development zones and fish refuge and sanctuaries declared as such by the Secretary of the Department of Agriculture (DA); 4. Tourism development areas, as identified in the National Tourism Development Plan (NTDP); and, 5. Other critical areas, island ecosystems, and impact areas of mining as determined by current and existing mapping technologies, that the DENR may hereafter identify pursuant to existing laws, rules, and regulations, such as, but not limited to, the NIPAS Act. Copyright © 2023 Christian Arranz. All Rights Reserved  EO 79 of 2012 Did the EO 79 halt all mining contracts, agreements, and concessions approved before its effectivity? SECTION 2. Full Enforcement of Environmental Standards in Mining. The Government in general, and the Department of Environmental and Natural Resources (DENR) in particular, in coordination with concerned LGUs, 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, and appropriate sanctions meted out against violators thereof. In line with the above, 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. Copyright © 2023 Christian Arranz. All Rights Reserved.  EO 79 of 2012 What did EO 79 explicitly say that the multi-stakeholder team led by the DENR will do to existing mining operations & non-moving mining rights holders? SECTION 3. Review of the Performance of Existing Mining Operations and Cleansing of Non-Moving Mining Rights Holders. To ensure compliance with environmental standards, laws, rules and regulations, and to rationalize the management and utilization of minerals toward sustainable development, a multi-stakeholder team led by the DENR shall conduct a review of the performance of existing mining operations. The said review shall be based on guidelines and parameters set forth in the specific mining contract or agreement and on other pertinent or applicable laws, rules and regulations, such as the Mining Act of 1995 and the Labor Code. Appropriate action shall be immediately taken against proven violators based on the findings and recommendations of the review. Copyright © 2023 Christian Arranz. All Rights Reserved.  EO 79 of 2012 What happened to (pending) Mineral Agreements in application during the time? What about pending Exploration permits? SECTION 4. Grant of Mineral Agreements Pending New Legislation. No new mineral agreements shall be entered into until a legislation rationalizing existing revenue sharing schemes and mechanisms shall have taken effect. 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 under the said laws, rules, and guidelines 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 upon the approval of the declaration of mining project feasibility and the effectivity of the said legislation. The DENR shall likewise undertake a review of existing mining contracts and agreements for possible renegotiation of the terms and conditions of the same, which shall in all cases be mutually acceptable to the government and the mining contractor. Copyright © 2023 Christian Arranz. All Rights Reserved.  EO 79 of 2012 What does EO 79 say about Mineral Reservations? SECTION 5. Establishment of Mineral Reservations. Potential and future mining areas with known strategic mineral reserves and resources shall be declared as Mineral Reservations for the development of strategic industries identified in the Philippine Development Plan and a National Industrialization Plan, pursuant to the pertinent provisions of RA No. 7942, after proper consultation with all concerned stakeholders such as, but not limited to, residents of affected communities, LGUs, the business sector, and non-government and civil society organizations. This shall be without prejudice to the agreements, contracts, rights and obligations previously entered into by and between the government and mining contractors/operators. Copyright © 2023 Christian Arranz. All Rights Reserved.  EO 79 of 2012 Copyright © 2023 Christian Arranz. All Rights Reserved.  EO 79 of 2012 What does Section 6 say about the granting of mining rights and tenements? How will it be done? SECTION 6. Opening of Areas for Mining through Competitive Public Bidding. The grant of mining rights and mining tenements over areas with known and verified mineral resources and reserves, including those owned by the Government and all expired tenements, shall be undertaken through competitive public bidding. The Mines and Geosciences Bureau (MGB) shall prepare the necessary competitive bid packages and formulate the proper guidelines and procedures to conduct the same, which shall include ensuring that the social acceptability of the proposed project has been secured. All other mining rights and tenements applications shall be processed and approved through existing procedures. Copyright © 2023 Christian Arranz. All Rights Reserved.  EO 79 of 2012 Who owns all valuable metals in abandoned ores? How about mine wastses generated by previous mining operations? SECTION 7. Disposition of Abandoned Ores and Valuable Metals in Mine Wastes and Mill Tailings. All valuable metals in abandoned ores and mine wastes and/or mill tailings generated by previous and now defunct mining operations belong to the State and shall be developed and utilized through competitive public bidding in accordance with the pertinent provisions of law. In the case of existing mining operations, all valuable metals in mine wastes and/or mill tailings shall automatically belong to the State upon the expiration of the pertinent mining contracts and shall be similarly developed and utilized through public bidding; provided, that where two or more mine sites, covered by their respective mining contracts, share a single tailings pond, both or all mining contracts must expire before the State can claim ownership over the said tailing pond.  EO 79 of 2012 What new organization was effectively formed by the EO 79? SECTION 9. Constituting the Climate Change Adaptation and Mitigation and Economic Development Cabinet Clusters as the Mining Industry Coordinating Council (MICC). The Climate Change Adaptation and Mitigation and Economic Development Cabinet Clusters, shall constitute themselves into an interagency forum to be known as the Mining Industry Coordinating Council (MICC). - co-chaired by the Chairpersons of the two (2) clusters - Members:  Secretary,  Department of Justice (DOJ),  Chairperson, National Commission on Indigenous Peoples (NCIP), and  President, Union of Local Authorities of the Philippines (ULAP).  EO 79 of 2012 Demand operational and financial reports from both large- and small-scale miners at all stages of the mining cycle Conduct of verification at the national, regional and local levels of taxes and fees payable and monitoring of all entry and exit points of minerals in the country Fast-track release and access of LGUs to their share from mining revenues Updating of mineral commodity profile and database on new products, markets and available technologies Conduct a study on existing mechanisms for benefit sharing and review of existing taxes, fees and incentives receive by mining companies Study the terms and conditions of service contracts entered into by the Department of Energy (DOE) for energy resources for possible application for mining agreements Study the imposition of higher export fees for metallic and non-metallic minerals in the country  EO 79 of 2012 Consider tapping 3rd party international auditors to validate the volume and value of mineral exports from the Philippines (Directives to Good Governance Cluster) Increase mine wastes and tailings and occupation fees and impose processing fees for all mining applications (Directives to DENR) Provide benchmarks for the valuation of minerals based on prevailing international minerals market prices (Directives to DENR) Prepare and maintain revenue baseline data and properly account for all taxes and fees generated from mining (Directives to BIR) EO 79 of 2012 EO 79 of 2012  EO 79 of 2012 What does EO 79 say about Small-Scale Mining? - To be discussed after RA 7076 Copyright © 2023 Christian Arranz. All Rights Reserved  EO 130 of 2021 SECTION 1. Lifting of the Moratorium on Mineral Agreements. The moratorium on mineral agreements under Section 4, EO No. 79 is hereby lifted. Section 4, EO No. 79 shall be amended to read as follows: "Section 4. Grant of Mineral Agreements. The Government may enter into new mineral agreements, subject to compliance with the Philippine Mining Act of 1995 and other applicable laws, rules, and regulations. 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 under the said laws, rules, and guidelines 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 upon the approval of the declaration of mining project feasibility… Copyright © 2023 Christian Arranz. All Rights Reserved.  EO 130 of 2021 "Section 4. Grant of Mineral Agreements. … The DENR shall formulate the terms and conditions in the new mineral agreements that will maximize government revenues and share from production, including the possibility of declaring these areas as mineral reservations to obtain appropriate royalties, in accordance with existing laws, rules, and regulations. The DENR shall likewise undertake a review of existing mining contracts and agreements for possible renegotiation of the terms and conditions of the same, which shall in all cases be mutually acceptable to the government and the mining contractor. The DENR and the Department of Finance shall undertake appropriate measures to rationalize existing revenue-sharing schemes and mechanisms." Copyright © 2023 Christian Arranz. All Rights Reserved.  EO 130 of 2021 Copyright © 2023 Christian Arranz. All Rights Reserved. Copyright © 2023 Christian Arranz. All Rights Reserved 31 Copyright © 2023 Christian Arranz. All Rights Reserved Copyright © 2023 Christian Arranz. All Rights Reserved Copyright © 2023 Christian Arranz. All Rights Reserved Copyright © 2023 Christian Arranz. All Rights Reserved Copyright © 2023 Christian Arranz. All Rights Reserved 37 38 39 40 41  EO 79 of 2012 What does EO 79 say about Small-Scale Mining? SECTION 11. Measures to Improve Small-Scale Mining Activities. To improve and address issues on small-scale mining, the following measures shall be undertaken: a) Small-scale mining activities shall comply with RA NO. 7076, or the People’s Small-Scale Mining Act of 1991, and the Environmental Impact Statement System requirements under Presidential Decree (PD) No. 1586; b) Pursuant to RA No. 7076, small-scale mining operations shall be undertaken only within the declared People’s Small-Scale Mining Areas or Minahang Bayan; c) Pursuant to Section 24 of RA No. 7076, P/CMRBs in provinces and cities where they have not been constituted shall be operationalized within three (3) months from the effectivity of this Order;  EO 79 of 2012 What does EO 79 say about Small-Scale Mining? SECTION 11. Measures to Improve Small-Scale Mining Activities. To improve and address issues on small-scale mining, the following measures shall be undertaken: d) Small-scale mining shall not be applicable for metallic minerals except gold, silver, and chromite, as provided for in RA No. 7076; e) The use of mercury in small-scale mining shall be strictly prohibited; and, f) Training and capacity building measures in the form of technical assistance for small-scale mining cooperatives and associations shall be conducted by the concerned government agencies.  Future reading assignments ◉ Executive Order No 79 of 2012 (4th week April) ◉ Executive Order No 130 of 2021s (4th week April) ◉ RA 7076 of 1991 - People’s Small Scale Mining Act (4th week April to 2nd week May) ◉ RA 8371 of 1997 - IPRA Law (Indigenous People’s Rights Act) (2nd week May) ◉ Mining Engineering Law (3rd week May) ◉ Mining Enginering Code of Ethics (4th week May) ◉ Philippine Environmental Laws (June til end of sem) Copyright © 2023 Christian Arranz. All Rights Reserved