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Module 2.2 RA 7942
Module 2.2 RA 7942
Module 2.2 RA 7942
2
REPUBLIC ACT NO. 7942
OR
THE PHILIPPINE
MINING ACT OF 1995
(March 3, 1995)
“AN ACT INSTITUTING A NEW SYSTEM OF MINERAL RESOURCES
EXPLORATION, DEVELOPMENT, UTILIZATION AND CONSERVATION”
Basic Principle
(Sec. 2. Declaration of Policy,)
(ap) "Public land" refers to lands of the public domain which have been classified as agricultural lands
and subject to management and disposition or concession under existing laws.
(ao) "Private land" refers to any land belonging to any private person which includes alienable and
disposable land being claimed by a holder, claimant, or occupant who has already acquired a
vested right thereto under the law, although the corresponding certificate or evidence of title or
patent has not been actually issued.
d. Forest lands include the public forest, the permanent forest or forest reserves, and forest reservations.
Sec. 19. Areas Closed to Mining Applications
MINING
(Exploration, Development and Utilization of Mineral Resources)
National Integrated
Protected Area
System Act
MINING Small-Scale
Mining Laws
Onshore, province
Ind’l: 1,620 (20 mbls) Individuals or J-
J-entity: 16,200 (200 mbls) entity (Filipino
2 years; corporations
Onshore, entire PhP
Exploration Permit renewable to a Partnerships
Ind’l: 3,240 (40 mbls)
maximum of 8 associations
J-entity: 32,400 (400 mbls)
years
Offshore, entire PhP or foreign
Ind’l: 8,100 (100 mbls) corporations)
J-entity: 81,000 (1,000 mbls)
Onshore, province
Ind’l: 810 (10 mbls)
J-entity: 8,100 (100 mbls) Individuals or J-
entity (Filipino
Onshore, entire PhP 25 years;
Mineral Production corporations,
Ind’l: 1,620 (20 mbls) renewable for a
Sharing Agreement partnerships
J-entity: 16,200 (200 mbls) like period
associations)
Offshore, entire PhP
Ind’l: 4,050 (50 mbls)
J-entity: 40,500 (500 mbls)
Period : 2 years
Renewal : Nonmetallic mineral exploration - Like period but
not to exceed a total term of 4 years.
Approving Authority:
Original term – MGB Regional Director upon
clearance by MGB Director
1st Renewal – MGB Director
2nd Renewal – MGB Director
3rd Renewal – DENR Secretary
TYPES OF MINERAL AGREEMENT
Mineral Production Sharing Agreement (MPSA)
Co-Production Agreement
RIGHTS GRANTED
Term: 25 years
Renewal: Same period not exceeding 25 years
Approving Authority: DENR Secretary
FINANCIAL OR TECHNICAL ASSISTANCE AGREEMENT (FTAA)
RIGHTS GRANTED
SPECIAL FEATURES
• After the approval of the FTAA but prior to registration of the
same - An authorized capital of at least US$4,000,000.00 or its
Philippine Peso equivalent.
• Passes thru a Negotiating Panel
• Firm commitment by Contractor to place a minimum
investment of US$50Million for infrastructure and development.
Period: 25 years
Renewal: For like period
ACTIVITY
Filing Development/
Exploration of Utilization
EP/MPSA/FTAA
DMPF under
MPSA/FTAA
Declaration
of Mining
Project
Feasibility
PERIOD
2 yrs, 1 yr. 25 yrs,
renewable up renewable for
to 6 or 8 yrs. another 25 yrs.
(or less the
exploration
period for
certain
MPSA/FTAA)
OTHER MINING TENEMENTS ISSUED BY THE DENR
TYPES OF
RIGHTS MAX. AREA APPROVING
PERMITS/ TERM COMMODITY
GRANTED (has.) AUTHORITY
CONTRACTS
TYPES OF
RIGHTS MAX. AREA APPROVING
PERMITS/ TERM COMMODITY
GRANTED (has.) AUTHORITY
CONTRACTS
Mineral Conduct of 5 yrs.; - - DENR Secretary-
Processing mineral renewable for involving project
processing like periods cost of more than
Permit
but not to PhP500Million.
exceed 25 yrs.
MGB Director-
involving project
cost from PhP 200
Million to PhP 500
Million
MGB Regional
Director – involving
project cost of less
than PhP 200
Million
OTHER MINING TENEMENTS ISSUED BY THE DENR … cont
TYPES OF
RIGHTS MAX. AREA APPROVING
PERMITS/ TERM COMMODITY
GRANTED (has.) AUTHORITY
CONTRACTS
TYPES OF
RIGHTS MAX. AREA APPROVING
PERMITS/ TERM COMMODITY
GRANTED (has.) AUTHORITY
CONTRACTS
TYPES OF
RIGHTS MAX. AREA APPROVING
PERMITS/ TERM COMMODITY
GRANTED (has.) AUTHORITY
CONTRACTS
b. Industrial Sand and Gravel 5 yrs.; renewable for More than 5 hectares but
like periods but not to not to exceed 20 hectares.
Permit
exceed 25 yrs.
60-days; non-
b. Private Gratuitous Permit Corresponding to the
renewable
entire or portion of area of
private land.
LGU ISSUED MINING TENEMENTS… cont.
Guano Permit
Additional Government Share of not less than 50% of the net mining revenue (inclusive
of taxes, royalties and fees).
Role of Local Government Unit
b. Non-payment of taxes and fees due the Government for two (2)
consecutive years;
MINING
Current Violations & INDUSTRY Advocacy Groups
Malpractices
Results of Anti-Mining Sentiment
4. Formulate the mining industry policy by the end of the year and
present it to the President’s approval.
EXECUTIVE ORDER NO. 79
highlights. . .
• On the use of open pit mining method per DAO No. 2017-10 dated April 27,
2017 in re: Banning the Open Pit Method of Mining for Copper, Gold, Silver
and Complex Ores in the Country
EXECUTIVE ORDER NO. 130