2 IOBC Lesson 4.5.12 Philippine Mining Act (RA 7942) Lesson Goal This lesson is intended to apprise participants with the various provisions on laws relative to the protection and preservation of environment particularly the Marine Pollution Decree (PD 979) and Philippine Mining Act.
3 IOBC Lesson 4.5.12 Philippine Mining Act (RA 7942) Lesson Objectives After this lesson, the participants will be able to: 1. Discuss the policy of the state relative to Philippine Mining Act of 1995; 2 . Define and discuss the terminologies under Philippine Mining Act; 3. Identify and discuss the areas open to mining operations and areas closed to mining applications; and 4 . Discuss the prohibited acts and the corresponding penalties under Philippine Mining Act.
4 IOBC Lesson 4.5.12 Philippine Mining Act (RA 7942) Scope of Presentation Policy of the State Definition of Terms Areas Open to Mining Operations Areas Closed to Mining A pplications P rohibited Acts P enalties
5 IOBC Lesson 4.5.12 Philippine Mining Act (RA 7942) Policy A. All mineral resources within the territory and Exclusive Economic Zone are owned by the State B. State‘s responsibility to promote their rational exploration to enhance national growth
6 IOBC Lesson 4.5.12 Philippine Mining Act (RA 7942) Definition of Terms CONTRACT AREA - land or body of water delineated for purposes of exploration of the minerals EXISTING MINING/QUARRYING RIGHT - a valid and subsisting mining claim covering a mineralized area granted/issued under pertinent mining laws EXPLORATION - searching or prospecting for mineral resources for the purpose of determining the existence of mining for profit
7 IOBC Lesson 4.5.12 Philippine Mining Act (RA 7942) Definition of Terms MINERAL PROCESSING - milling of ores or minerals and rocks to convert the same into marketable products MINE WASTES AND TAILINGS - soil and rock materials from underground mining and milling operations with no economic value MINERALS - all naturally occurring inorganic substance in solid, gas, liquid, or any intermediate state
8 IOBC Lesson 4.5.12 Philippine Mining Act (RA 7942) Definition of Terms MINERAL LAND - means any area where mineral resources are found MINERAL RESOURCE - any concentration of minerals/rocks with potential economic value MINING AREA - a portion of the contract area for purposes of development in the immediate vicinity of the mining operations
9 IOBC Lesson 4.5.12 Philippine Mining Act (RA 7942) Definition of Terms ORE - naturally occurring substance from which a mineral or element can be mined for profit QUARRYING - the process of extracting, removing and disposing quarry resources found on or underneath the surface of the land
10 IOBC Lesson 4.5.12 Philippine Mining Act (RA 7942) Areas Open to Mining Operations Subject to any existing rights or reservations and prior agreements of all parties. Any conflict that may arise under this provision shall be heard and resolved by the panel of arbitrators.
11 IOBC Lesson 4.5.12 Philippine Mining Act (RA 7942) Areas Closed to Mining Applications Mineral agreement or financial or technical assistance agreement applications shall not be allowed: A. In military and other government reservations, except upon prior written clearance by the government agency concerned; B. Near or under public or private buildings or other infrastructure projects
12 IOBC Lesson 4.5.12 Philippine Mining Act (RA 7942) Areas Closed to Mining Applications C. In areas covered by valid and existing mining rights; D. In areas expressly prohibited by law; E. In areas covered by small-scale miners; and F. Old growth or virgin forests as defined by law in areas expressly prohibited under the National Integrated Protected areas System
13 IOBC Lesson 4.5.12 Philippine Mining Act (RA 7942) Prohibited Acts and Penalties Prohibited Acts Penalties A. False Statements (applications, publications, etc ) not exceeding P10,000.00 B. Illegal Exploration not exceeding P50,000.00 C. Theft of Minerals Imprisonment: 6 months to 6 years fine:10,000.00 - 20,000.00, or both Pay damages and compensation
14 IOBC Lesson 4.5.12 Philippine Mining Act (RA 7942) Prohibited Acts and Penalties Prohibited Acts Penalties D. Destruction of Mining Structures -Imprisonment of not more than 5 years -Pay compensation for the damages E. Mines Arson -Penalty provided in the Revised Penal Code for Arson -Pay compensation for the damages
15 IOBC Lesson 4.5.12 Philippine Mining Act (RA 7942) Prohibited Acts and Penalties Prohibited Acts Penalties F. Willful Damage to a Mine -Imprisonment of not more than 5 years -Pay compensation for the damages G. Illegal Obstruction to Permittees or Contractors -Fine not exceeding P5,000.00 or -Imprisonment not exceeding 1 year, or both
16 IOBC Lesson 4.5.12 Philippine Mining Act (RA 7942) Prohibited Acts and Penalties Prohibited Acts Penalties H. Violation of the Terms and Conditions of the Environmental Compliance Certificate -Imprisonment of 6 months to 6 years or -Fine P50,000.00 to P200,000.00, or both I. Illegal Obstruction to Government Officials -Fine not exceeding P5,000.00 or -I mprisonment nor exceeding 1 year, or both J. Other Violations Fine not exceeding P5,000.00
17 IOBC Lesson 4.5.12 Philippine Mining Act (RA 7942) Summary In this lesson, the participants were able to: Discuss the policy of the State relative to Marine Pollution Act; Define and discuss some terminologies; Discuss the different prohibited acts and penalties relative to Marine Pollution Decree.