Republic Act No. 7942

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REPUBLIC ACT NO.

7942
AN ACT INSTITUTING A NEW
SYSTEM OF MINERAL RESOURCES
EXPLORATION, DEVELOPMENT,
UTILIZATION, AND CONSERVATION
 DENR AO 96-40

REVISED IMPLEMENTING RULES AND


REGULATIONS OF REPUBLIC ACT NO. 7942
OTHERWISE KNOWN AS THE
“PHILIPPINE MINING ACT OF 1995”
 Declaration of Policy

1. ALL MINERALS ARE OWNED BY THE STATE


2. TO PROMOTE RATIONAL EXPLORATION,
DEVELOPMENT, UTILIZATION AND
CONSERVATION
3. ROLE OF GOVERNMENT AND PRIVATE SECTOR
4. TO ENHANCE NATIONAL GROWTH THAT
EFFECTIVELY SAFEGUARDS THE ENVIRONMENT
AND PROTECT THE RIGHTS OF AFFECTED
COMMUNITIES
 Governing principle per DAO 96-40
* SUSTAINABLE DEVELOPMENT
* IMPROVING THE TOTAL QUALITY OF LIFE
* PRINCIPLE OF SUSTAINABLE MINING
* PRO-ENVIRONMENT AND PRO-PEOPLE MINING
* MINING IS TEMPORARY LAND USE
* OPTIMUM LAND USE
* PROGRESSIVE AND ENGINEERED MINE
REHABILITATION
* CURRENT BEST PRACTICES
* WEALTH-GENERATING OPPORTUNITIES
* ENVIRONMENT-RESPONSIBLE ENDEAVOURS
* MINING ACTIVITIES MUST BE IN ACCORD WITH
STATE POLICIES
 Important Concepts

* ANCESTRAL LANDS
* BLOCK / MERIDIONAL BLOCK
* CARRYING CAPACITY
* CONTIGUOUS ZONE
* CONTRACT AREA
* CONTRACTOR
* CO-PRODUCTION AGREEMENT
* ECOLOGICAL PROFILE / ECO-PROFILE
* ENVIRONMENTAL COMPLIANCE CERTIFICATE
(ECC)
* ENVIRONMENT IMPACT ASSESSMENT (EIA)
* ENVIRONMENTAL IMPACT STATEMENT (EIS)
* EXCLUSIVE ECONOMIC ZONE (ECZ)
* EXISTING MINING / QUARRYING RIGHT
* EXPLORATION
* FINANCIAL OR TECHNICAL ASSISTANCE
AGREEMENT
 Important Concepts
* FOREIGN-OWNED CORPORATION
* GROSS OUTPUT
* INDIGENOUS CULTURAL COMMUNITIES (ICC)
* JOINT VENTURE AGREEMENT
* MINERALS
* MINERAL AGREEMENT
* MINERAL LAND
* MINERAL RESOURCE
* MINING AREA
* MINING OPERATION
* OFFSHORE V. ONSHORE
* PERMITTEE
* POLLUTION CONTROL AND INFRASTRUCTURE
DEVICES
* PRIVATE LAND
* QUALIFIED PERSON
* QUARRYING
* QUARRY PERMIT
* QUARRY RESOURCES
 Important features
1. NON-IMPAIRMENT OF EXISTING MINING /
QUARRYING RIGHTS

2. RECOGNITION OF VALID AND EXISTING


MINING CLAIMS AND LEASE / QUARRY
APPLICATIONS
 Government Management
* OWNERSHIP OF MINERAL RESOURCES IN REL. WITH JURA REGALIA DOCTRINE AND
S2, ART. 12 OF THE CONSTITUTION

* MODES OF EXPLORATION, DEVELOPMENT UTILIZATION AND PROCESSING (EDUP) OF


MINERAL RESOURCES
1. DIRECT
2. MINERAL CONTRACTS WITH CONTRACTORS

* MINERAL RESERVATIONS
1. RESERVATION OF STRATEGIC RAW MATERIALS
2. RESERVATION FOR SCIENTIFIC, CULTURAL OR ECOLOGICAL VALUE
3. SUBMERGED LANDS WITHIN THE CONTIGUOUS ZONE (CZ) OR EXCLUSIVE
ECONOMIC ZONE (EEZ)
4. OTHERS WHEN NATIONAL INTERESTS SO REQUIRES

* PERIODIC REVIEW OF MINERAL RESERVATIONS BY THE SECRETARY

* STATE RECOGNITION OF RIGHTS OF THE IPS/ICCS TO THEIR ANCESTRAL LANDS


(FREE AND PRIOR CONSENT RULE)
 Scope of Application of EDUP of minerals
A. AREAS OPEN TO MINING OPERATIONS
1. PUBLIC LANDS
2. PRIVATE LANDS
3. TIMBERLANDS
4. FORESTLANDS
5. ANCESTRAL LANDS
B. AREAS CLOSED TO MINING OPERATIONS
1. MILITARY AND OTHER GOVERNMENT RESERVATIONS
2. NEAR OR UNDER PUBLIC OR PRIVATE BUILDINGS,
CEMETERIES, ARCHAEOLOGICAL AND HISTORIC SITES,
BRIDGES, HIGHWAYS, WATERWAYS, RAILROADS, RESERVOIRS,
DAMS OR OTHER INFRASTRUCTURE PROJECTS, PUBLIC OR
PRIVATE WORKS INCLUDING PLANTATIONS OR VALUABLE
CROPS
3. THOSE COVERED BY VALID AND EXISTING RIGHTS
4. AREAS EXPRESSLY PROHIBITED BY LAW
 Scope of Application of EDUP of minerals

5. AREAS COVERED BY SMALL-SCALE MINERS AS DEFINED BY


LAW UNLESS WITH PRIOR CONSENT OF THE SMALL-SCALE MINERS
6. OLD GROWTH OR VIRGIN FORESTS, PROCLAIMED WATERSHED
FOREST RESERVES, WILDERNESS AREAS, MANGROVE FORESTS,
MOSSY FORESTS,NATIONAL PARKS PROVINCIAL/MUNICIPAL
FORESTS, PARKS, GREENBELTS, GAME REFUGE AND BIRD
SANCTUARIES AS DEFINED BY LAW AND IN AREAS EXPRESSLY
PROHIBITED UNDER THE NATIONAL INTEGRATED PROTECTED
AREAS SYSTEM (NIPAS) UNDER REPUBLIC ACT NO. 7586,
DEPARTMENT ADMINISTRATIVE ORDER NO. 25, SERIES OF 1992
AND OTHER LAWS
 Exploration Permit
* CONCEPT OF EXPLORATION PERMIT
* WHO GRANTS
* TERMS AND CONDITIONS
* RIGHTS AND OBLIGATIONS OF A PERMITTEE
1. RIGHT TO ENTER, OCCUPY AND EXPLORE THE AREA
2. OBLIGATION TO DISCUSS WITH PARTIES TO BE AFFECTED
AS TO THE EXTENT, NECESSITY AND MANNER OF ENTRY,
OCCUPATION AND EXPLORATION
3. OBLIGATION TO SUBMIT ANY CONFLICT TO A PANEL OF
ARBITRATORS
4. OBLIGATION TO UNDERTAKE EXPLORATION WORK ON THE
AREA PER PERMIT BASED ON AN APPROVED WORK
PROGRAM
 Exploration Permit

5. THE PERMITTEE MAY APPLY FOR A MINERAL


PRODUCTION SHARING AGREEMENT, JOINT VENTURE
AGREEMENT, CO-PRODUCTION AGREEMENT OR
FINANCIAL OR TECHNICAL
ASSISTANCE AGREEMENT OVER THE PERMIT AREA,
WHICH APPLICATION SHALL BE GRANTED IF THE
PERMITTEE MEETS THE NECESSARY QUALIFICATIONS AND
THE TERMS AND CONDITIONS OF ANY SUCH AGREEMENT:
PROVIDED, THAT THE EXPLORATION PERIOD COVERED BY
THE EXPLORATION PERMIT SHALL BE INCLUDED AS PART
OF THE EXPLORATION
PERIOD OF THE MINERAL AGREEMENT OR FINANCIAL OR
TECHNICAL ASSISTANCE AGREEMENT.
 Exploration Permit

* DECLARATION OF MINING PROJECT FEASIBILITY


1. MUST BE MADE DURING THE TERM OF THE
PERMIT
2. MUST BE FILED WITH THE BUREAU
3. ACCOMPANIED WITH A WORK PROGRAM FOR
DEVELOPMENT
* EFFECTS OF APPROVAL OF MINING PROJECT
FEASIBILITY
* TRANSFER OR ASSIGNMENT. – AN EXPLORATION
PERMIT MAY BE TRANSFERRED OR ASSIGNED TO A
QUALIFIED PERSON SUBJECT TO THE APPROVAL OF THE
SECRETARY UPON THE RECOMMENDATION OF THE
DIRECTOR
 Modes of Mineral Agreement

* MINERAL PRODUCTION
AGREEMENT
* CO-PRODUCTION AGREEMENT
* JOINT VENTURE AGREEMENT
 Mineral Production Sharing Agreement

GOVERNMENT
EXCLUSIVE RIGHT TO CONDUCT MINING
OPERATIONS WITHIN A CONTRACT AREA

FINANCING MANAGEMENT

TECHNOLOGY PERSONNEL

=GROSS OUTPUT
 Co-Production Sharing Agreement
 Joint Venture Agreement
 Joint Venture Agreement
 Joint Venture Agreement
 Who are eligible to enter into any of the modes of contract

* ANY QUALIFIED PERSON


* IF THE APPLICANT IS IN THE
MINING INDUSTRY, HAS A
SATISFACTORY ENVIRONMENT
TRACK RECORD
 Filing and Approval of Mining Agreements
 Assignment / Transfer of Mineral Agreements
ANY ASSIGNMENT OR TRANSFER OF RIGHTS
AND OBLIGATIONS UNDER ANY MINERAL
AGREEMENT EXCEPT A FINANCIAL OR
TECHNICAL ASSISTANCE AGREEMENT SHALL
BE SUBJECT TO THE PRIOR APPROVAL OF THE
SECRETARY. SUCH ASSIGNMENT OR TRANSFER
SHALL BE DEEMED AUTOMATICALLY
APPROVED IF NOT ACTED UPON BY THE
SECRETARY WITHIN THIRTY (30) WORKING
DAYS FROM OFFICIAL RECEIPT THEREOF,
UNLESS PATENTLY UNCONSTITUTIONAL OR
ILLEGAL.
 Withdrawal from Mineral Agreements

1. DURING THE SUBSISTENCE OF THE


AGREEMENT
2. DUE NOTICE
3. OPERATIONS NO LONGER FEASIBLE OR
VIABLE
4. SENR’S DECISION WITHIN THIRTY (30) DAYS
5. CONTRACTOR MET THE FINANCIAL, FISCAL
AND LEGAL OBLIGATIONS
 Term

MINERAL AGREEMENTS SHALL HAVE A TERM NOT EXCEEDING


TWENTY-FIVE (25) YEARS TO START FROM THE DATE OF EXECUTION
THEREOF, AND RENEWABLE FOR ANOTHER TERM NOT EXCEEDING
TWENTY-FIVE (25) YEARS UNDER THE SAME TERMS AND CONDITIONS
THEREOF, WITHOUT PREJUDICE TO CHANGES MUTUALLY AGREED
UPON BY THE PARTIES. AFTER THE RENEWAL PERIOD, THE
OPERATION OF THE MINE MAY BE UNDERTAKEN BY THE
GOVERNMENT OR THROUGH A CONTRACTOR. THE CONTRACT FOR
THE OPERATION OF A MINE SHALL BE AWARDED TO THE HIGHEST
BIDDER IN A PUBLIC BIDDING AFTER DUE PUBLICATION OF THE
NOTICE THEREOF: PROVIDED, THAT THE CONTRACTOR SHALL HAVE
THE RIGHT TO EQUAL THE HIGHEST BID UPON REIMBURSEMENT OF
ALL REASONABLE EXPENSES OF THE HIGHEST BIDDER
 Financial or Technical Assistance Agreement (FTAA)

* ELIGIBILITY
1. ANY QUALIFIED PERSON
2. TECHNICAL OR FINANCIAL
CAPABILITY TO UNDERTAKE
LARGE- SCALE EDU
 Terms and conditions of an FTAA
1. SWORN STATEMENT CONTAINING A FIRM COMMITMENT OF AN AMOUNT
CORRESPONDING TO THE EXPENDITURE OBLIGATION THAT WILL BE INVESTED IN THE
CONTRACT AREA: PROVIDED, THAT SUCH AMOUNT SHALL BE SUBJECT TO CHANGES AS
MAY BE PROVIDED FOR IN THE RULES AND REGULATIONS OF THIS ACT
2. FINANCIAL GUARANTEE BOND IN FAVOR OF THE GOVERNMENT EQUIVALENT TO THE
EXPENDITURE OBLIGATION OF THE APPLICANT FOR ANY YEAR
3. PROOF OF TECHNICAL COMPETENCE, E.G., TRACK RECORD IN MINERAL RESOURCE
EDU; DETAILS OF TECHNOLOGY TO BE EMPLOYED IN THE PROPOSED OPERATION;
DETAILS OF TECHNICAL PERSONNEL TO UNDERTAKE THE OPERATION
4. REPRESENTATIONS AND WARRANTIES THAT THE APPLICANT HAS ALL THE
QUALIFICATIONS AND NONE OF THE DISQUALIFICATIONS FOR ENTERING INTO THE
AGREEMENT
5. REPRESENTATIONS AND WARRANTIES THAT THE CONTRACTOR HAS, OR HAS ACCESS
TO ALL THE FINANCING, MANAGERIAL AND TECHNICAL EXPERTISE, THE TECHNOLOGY
REQUIRED TO PROMPTLY AND EFFECTIVELY CARRY OUT THEOBJECTIVES OF THE
AGREEMENT WITH THE UNDERSTANDING TO TIMELY DEPLOY THESE RESOURCES
UNDER ITS SUPERVISION PURSUANT TO THE PERIODIC WORK PROGRAMS AND RELATED
BUDGETS, WHEN PROPER, PROVIDING AN EXPLORATION PERIOD UP TO TWO YEARS,
EXTENDIBLE FOR ANOTHER TWO YEARS BUT SUBJECT TO ANNUAL REVIEW BY THE
 Terms and conditions of an FTAA
SECRETARY IN ACCORDANCE WITH THE IMPLEMENTING RULES AND
REGULATIONS OF THIS ACT, AND FURTHER, SUBJECT TO THE RELINQUISHMENT
OBLIGATIONS
6. REPRESENTATIONS AND WARRANTIES THAT, EXCEPT FOR PAYMENTS FOR
DISPOSITIONS FOR ITS EQUITY, FOREIGN INVESTMENTS IN LOCAL ENTERPRISES
WHICH ARE QUALIFIED FOR REPATRIATION, AND LOCAL SUPPLIER’S CREDITS
AND SUCH OTHER GENERALLY ACCEPTED AND PERMISSIBLE FINANCIAL
SCHEMES FOR RAISING FUNDS FOR VALID BUSINESS PURPOSES, THE
CONTRACTOR SHALL NOT RAISE ANY FORM OF FINANCING FROM DOMESTIC
SOURCES OF FUNDS, WHETHER IN PHILIPPINE OR FOREIGN CURRENCY, FOR
CONDUCTING ITS MINING OPERATIONS FOR AND IN THE CONTRACT AREA
7. MINING OPERATIONS SHALL BE CONDUCTED IN ACCORDANCE WITH THE
PROVISIONS OF RA 7942 AND ITS IRR
8. WORK PROGRAMS AND MINIMUM EXPENDITURES COMMITMENTS;
9. PREFERENTIAL USE OF LOCAL GOODS AND SERVICES TO THE MAXIMUM
EXTENT
PRACTICABLE
 Terms and conditions of an FTAA

10. PREFERENCE TO FILIPINOS IN ALL TYPES OF MINING EMPLOYMENT FOR WHICH THEY
ARE QUALIFIED AND THAT TECHNOLOGY SHALL BE TRANSFERRED TO THE FILIPINOS
11. EFFECTIVELY USE OF APPROPRIATE ANTIPOLLUTION TECHNOLOGY AND FACILITIES
TO PROTECT THE ENVIRONMENT AND TO RESTORE OR
REHABILITATE MINED OUT AREAS AND OTHER AREAS AFFECTED BY MINE TAILINGS
12. UNDERTAKING THAT THE CONTRACTORS SHALL FURNISH THE GOVERNMENT
RECORDS OF GEOLOGIC, ACCOUNTING, AND OTHER RELEVANT DATA FOR ITS MINING
OPERATIONS,
13. UNDERTAKING THAT BOOK OF ACCOUNTS AND RECORDS SHALL BE OPEN FOR
INSPECTION BY THE GOVERNMENT;
14. UNDERTAKING THAT THE PROPONENT WILL DISPOSE OF THE MINERALS AND BUY
PRODUCTS PRODUCED AT THE HIGHEST PRICE AND MORE ADVANTAGEOUS TERMS AND
CONDITIONS
15. PROVIDE FOR CONSULTATION AND ARBITRATION WITH RESPECT TO THE
INTERPRETATION AND IMPLEMENTATION OF THE TERMS AND CONDITIONS OF THE
AGREEMENTS SUCH OTHER TERMS AND CONDITIONS CONSISTENT WITH THE
CONSTITUTION AND WITH RA 7946 AS THE SENR MAY DEEM TO BE
FOR THE BEST INTEREST OF THE STATE AND THE WELFARE OF THE FILIPINO PEOPLE
 QUARRYING PERMIT
1. ANY QUALIFIED PERSON
2. WITH THE MINING REGULATORY BOARD
3. AREA – PUBLIC OR PRIVATE LANDS
4. FOR BUILDING OR CONSTRUCTION
MATERIALS
5. IF LARGE-SCALE – PERMITTEE MAY ENTER
INTO A MINERAL AGREEMENTS WITH THE
STATE
6. TERM – 5 YEARS, MAX. OF 25 YEARS
7. PROHIBITED AREAS
 QUARRYING ACTIVITIES

* QUARRY FEES AND TAXES


* GROUNDS FOR CANCELLATION OF QUARRY PERMITS
* KINDS OF QUARRY PERMITS
1. COMMERCIAL SAND AND GRAVEL
2. INDUSTRIAL SAND AND GRAVEL
3. EXCLUSIVE SAND AND GRAVEL
4. GOVERNMENT GRATUITOUS
5. PRIVATE GRATUITOUS
6. GUANO
7. GEMSTONE GATHERING
 TRANSPORT, SALE AND PROCESSING OF
MINERALS

* ORE TRANSPORT PERMIT


* MINERAL TRADING REGISTRATION –
REGISTERED WITH THE DTI, ACCREDITED BY
THE DENR, REGISTRATION CC THE MGB
* MINERAL PROCESSING AGREEMENT –
SECURE FROM SENR, TERM – 5 YEARS, MAX.
OF 25 YEARS, FOCC NOT PROHIBITED
 DEVELOPMENT OF MINING COMMUNITIES,
SCIENCE AND MINING TECHNOLOGY
* SOCIAL ASPECT OF MINING
* TRAINING AND DEVELOPMENT OF FILIPINO MANPOWER IN ALL ASPECTS OF
THE MINING ACTIVITIES
* NO ABSOLUTE PROHIBITION IN THE EMPLOYMENT OF QUALIFIED FOREIGN
INDIVIDUALS ON HIGHLY TECHNICAL AND SPECIALIZED MINING OPERATIONS
* PREFERENTIAL USE OF INDIGENOUS GOODS, SERVICES AND TECHNOLOGIES
* DONATIONS / TURNOVER OF FACILITIES
1. PRIOR TO CESSATION OF MINING ACTIVITIES
2. DUE TO ABANDONMENT / WITHDRAWAL OF OPERATIONS
3. ON PUBLIC LANDS ONLY
4. ONE YEAR FROM CESSATION, REMOVE THE FACILITIES; IF NOT, THE
SAME SHALL BE TURNED OVER OR DONATED TAX-FREE TO THE PROPER
GOVERNMENT AUTHORITIES, NATIONAL OR LOCAL, TO ENSURE THAT SAID
INFRASTRUCTURE AND FACILITIES ARE CONTINUOUSLY MAINTAINED AND
UTILIZED BY THE HOST AND NEIGHBORING
COMMUNITIES PREFERENTIAL EMPLOYMENT OF FILIPINOS
 SAFETY AND ENVIRONMENTAL PROTECTION
* ALL CONTRACTORS AND PERMITTEES SHALL STRICTLY COMPLY
WITH ALL THE MINES SAFETY RULES AND REGULATIONS CONCERNING
THE SAFE AND SANITARY UPKEEP OF THE MINING OPERATIONS AND
ACHIEVE WASTE-FREE AND EFFICIENT MINE DEVELOPMENT
* NO PERSON UNDER 16 YEARS OF AGE SHALL BE EMPLOYED IN ANY
PHASE OF MINING OPERATIONS AND NO PERSON UNDER 18
YEARS OF AGE SHALL BE EMPLOYED UNDERGROUND IN A MINE
* POWERS OF THE REGIONAL DIRECTOR
1. CONDUCT MINES INSPECTION
2. ISSUE ORDERS REQUIRING THE CONTRACTOR TO REMEDY ANY
PRACTICE CONNECTED WITH MINING OR QUARRYING OPERATIONS
WHICH IS NOT IN ACCORDANCE WITH SAFETY AND ANTI-POLLUTION L
LAWS AND REGULATIONS
3. POWER TO SUMMARILY SUSPEND THE MINING OR QUARRYING
OPERATIONS IN CASE OF IMMINENT DANGER TO LIFE OR PROPERTY
 SAFETY AND ENVIRONMENTAL PROTECTION

* EVERY CONTRACTOR SHALL UNDERTAKE AN ENVIRONMENTAL


PROTECTION AND ENHANCEMENT PROGRAM COVERING THE PERIOD
OF THE MINERAL
AGREEMENT OR PERMIT. SUCH ENVIRONMENTAL PROGRAM SHALL BE
INCORPORATED IN THE WORK PROGRAM WHICH THE CONTRACTOR OR
PERMITTEE SHALL SUBMIT AS AN ACCOMPANYING DOCUMENT TO
THE APPLICATION FOR A MINERAL AGREEMENT OR PERMIT.
* NEED TO PROCURE AN ECC, AFTER SUBMISSION OF AN EIA, EXCEPT
DURING THE EXPLORATION PERIOD OF A MINERAL AGREEMENT OR
FTAA
* REQUIREMENT OF REHABILITATION
 Contents of the Work Program

1. PLANS RELATIVE TO MINING OPERATIONS


2. REHABILITATION, REGENERATION, REVEGETATION AND
REFORESTATION OF MINERALIZED AREAS
3. SLOPE STABILIZATION OF MINED-OUT AND TAILINGS
COVERED AREAS, AQUACULTURE, WATERSHED DEVELOPMENT
AND WATER
CONSERVATION; AND,
4. SOCIO ECONOMIC DEVELOPMENT
 AUXILIARY MINING RIGHTS

* TIMBER RIGHTS
* WATER RIGHTS
* RIGHT TO POSSESS EXPLOSIVES
* EASEMENT RIGHTS
* ENTRY INTO PRIVATE LANDS AND
CONCESSION AREAS
 Governmental share
1. IN MINERAL PRODUCTION SHARING AGREEMENT
2. IN OTHER MINERAL AGREEMENTS – FAIR AND EQUITABLE SHARING,
COMPENSATION FOR ITS CONTRIBUTION, INCOME TAX, EXCISE TAX,
SPECIAL
ALLOWANCE, WITHHOLDING TAX DUE FROM THE CONTRACTOR’S
FOREIGN STOCKHOLDERS ARISING FROM DIVIDEND OR INTEREST
PAYMENTS TO THE SAID FOREIGN STOCKHOLDERS, IN CASE OF A
FOREIGN NATIONAL, AND ALL SUCH OTHER TAXES, DUTIES AND FEES AS
PROVIDED FOR UNDER EXISTING LAWS
3. IN FTAA - THE CONTRACTOR’S CORPORATE INCOME TAX, EXCISE TAX,
SPECIAL ALLOWANCE, WITHHOLDING TAX DUE FROM THE
CONTRACTOR’S FOREIGN STOCKHOLDERS ARISING FROM DIVIDEND OR
INTEREST PAYMENTS TO THE SAID FOREIGN STOCKHOLDER IN CASE OF A
FOREIGN NATIONAL
AND ALL SUCH OTHER TAXES, DUTIES AND FEES AS PROVIDED FOR
UNDER EXISTING LAWS (SUBJECT TO TAX HOLIDAY PRIVILEGES)
 GROUND FOR CANCELLATION, REVOCATION, AND
TERMINATION

1. LATE OR NON-FILING OF REQUIREMENTS


2. VIOLATION OF THE TERMS AND CONDITIONS
OF PERMITS OR AGREEMENTS
3. NON-PAYMENT OF TAXES AND FEES
4. SUSPENSION OR CANCELLATION OF TAX
INCENTIVES AND CREDITS
5. FALSEHOOD OR OMISSION OF FACTS IN THE
STATEMENT
 SETTLEMENT OF CONFLICTS

PANEL OF ARBITRATORS
1. EACH REGIONAL OFFICE OF THE DENR
2. COMPOSITION – 2 FROM THE BAR AND 1 MINING ENGINEER OR A
RELATED PROFESSION
3. ORIGINAL AND EXCLUSIVE JURISDICTION
3.1. DISPUTES INVOLVING RIGHTS TO MINING AREAS;
3.2. DISPUTES INVOLVING MINERAL AGREEMENTS OR PERMITS;
3.3. DISPUTES INVOLVING SURFACE OWNERS, OCCUPANTS AND
CLAIMHOLDERS/CONCESSIONAIRES; AND,
3.4. DISPUTES PENDING BEFORE THE BUREAU AND THE
DEPARTMENT AT THE DATE OF THE EFFECTIVITY OF THIS ACT.
 SETTLEMENT OF CONFLICTS

MINES ADJUDICATION BOARD


1. COMPOSITION – 3 MEMBERS
 SETTLEMENT OF CONFLICTS

SUPREME COURT

RULE 45
COURT OF APPEALS

RULE 43
MINES ADJUDICATION BOARD 3 MEMBERS POWERS

WITHIN 15 DAYS FROM RECEIPT OF DECISION


PANEL OF ARBITRATORS 3 MEMBERS ORIGINAL AND
EXCLUSIVE JURIS.
 PUNISHABLE ACTS
1. FALSE STATEMENTS
2. ILLEGAL EXPLORATION
3. THEFT OF MINERALS
4. DESTRUCTION OF MINING STRUCTURES
5. MINES ARSON
6. WILLFUL DAMAGE TO A MINE
7. ILLEGAL OBSTRUCTION TO PERMITTEES OR
CONTRACTORS
8. VIOLATIONS OF THE TERMS AND CONDITIONS
OF THE ECC
9. ILLEGAL OBSTRUCTION TO GOVERNMENT
OFFICIALS
10. OTHER VIOLATIONS

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