First, there is the Philippine Mining Act of 1995 (RA 7942), which lays down the ground rules for mining activities in the country, covering everything from exploration to conservation of mineral resources. It’s essentially the playbook to ensure that mining operations benefit everyone while safeguarding the environment. This law encompasses all the requirements an entity needs to fulfill in order to acquire mining rights, as well as the legal and mineral agreements.
10 key points from the Philippine Mining Act of 1995 (RA 7942):
- State Ownership of Minerals: All mineral resources in public and private lands within the Philippines are owned by the State. This means any exploration, development, utilization, and conservation must be done through state-issued permits and regulations.
- State Responsibility: The State is responsible for promoting the rational exploration, development, utilization, and conservation of mineral resources. This includes ensuring national development while safeguarding the environment and protecting the rights of affected communities.
- Definition of Terms: The Act defines key terms like “ancestral lands,” “block,” “Bureau,” “carrying capacity,” “contiguous zone,” and “contract area” to provide clarity and facilitate implementation.
- Mineral Agreements: The Act establishes four types of mineral agreements: Mineral Production Sharing Agreements (MPSAs), Financial or Technical Assistance Agreements (FTAAs), Exploration Permits (EPs), and Mineral Processing Permits (MPPs). Each agreement has specific requirements and limitations.
- Prior Informed Consent: Exploration, development, and utilization of mineral resources within ancestral lands require the free and prior informed consent (FPIC) of affected indigenous cultural communities.
- Environmental Protection: Mining activities must comply with strict environmental regulations and standards to minimize the impact on the environment. The Act requires environmental impact assessments, rehabilitation plans, and the establishment of Environmental Protection and Enhancement Funds.
- Social Development and Management Programs: Mining companies are obligated to implement social development and management programs (SDMPs) to address the needs of communities affected by their operations. These programs should focus on health, education, livelihood, and infrastructure development.
- Financial Contributions: Mining companies must pay various financial contributions to the government, including excise tax on mineral products, mine wastes and tailings fees, and occupation fees. These funds are used for infrastructure development, environmental protection, and social development programs.
- Monitoring and Enforcement: The Mines and Geosciences Bureau (MGB) is responsible for monitoring and enforcing the provisions of the Act. This includes conducting inspections, investigating violations, and imposing penalties for non-compliance.
- Community Participation: The Act encourages community participation in the decision-making process related to mining activities. This includes involving local communities in consultations, public hearings, and monitoring committees.
Then comes the Small Scale Mining Act of 1991 (RA 7076), which represents a significant step towards recognizing and supporting the small-scale mining sector in the Philippines. The goal is to bring order to these operations to prevent exploitation and minimize their environmental impact.
10 key points from the Small Scale Mining Act of 1991 (RA 7076):
1. Policy: To promote, develop, protect, and rationalize viable small-scale mining activities for increased employment and equitable sharing of the nation’s resources. (Sec. 2)
2. Definitions:
- Mineralized areas: Areas with naturally occurring mineral deposits like gold, silver, chromite, etc. (Sec. 3a)
- Small-scale mining: Activities relying heavily on manual labor with simple tools and methods, without explosives or heavy equipment. (Sec. 3b)
- Small-scale miners: Filipino citizens, individually or in cooperatives, licensed by the DENR for small-scale mineral extraction. (Sec. 3c)
- Small-scale mining contract: Agreement between the State and a contractor for small-scale utilization of a mineral land plot. (Sec. 3d)
- Small-scale mining contractor: Individual or cooperative of small-scale miners registered with SEC or other agency, having a contract for small-scale mineral land utilization. (Sec. 3e)
3. People’s Small-Scale Mining Program: Establishes the program for responsible and environmentally sound small-scale mining. (Sec. 4)
4. Small-Scale Mining Areas: Declaration of areas suitable for small-scale mining, considering environmental and social factors. (Sec. 5)
5. Small-Scale Mining Contracts: Co-production, joint venture, or mineral production sharing agreements between the State and a contractor. (Sec. 6)
Contracts shall be awarded to qualified applicants through public bidding. (Sec. 7)
Contractors must have a work program and environment protection plan. (Sec. 8)
6. Role of the DENR:
Issues licenses to small-scale miners and contractors. (Sec. 9)
Supervises and regulates small-scale mining activities. (Sec. 10)
Enforces environmental protection regulations. (Sec. 11)
7. Minahang Bayan Program: Promotes responsible small-scale mining through community-based organizations and cooperatives. (Sec. 12)
8. Provincial/City Mining Regulatory Boards (PMRB/CMRB): Establishes boards in provinces/cities to oversee small-scale mining operations. (Sec. 13)
9. Financial Assistance: Provides financial assistance to small-scale miners through cooperatives and other entities. (Sec. 14)
10. Penalties: Prescribes penalties for violations of the Act. (Sec. 15)
Last but certainly not least, we have the Indigenous Peoples Rights Act, aka IPRA (RA 8371), a landmark legislation that aims to address historical injustices and promote the rights, well-being, and cultural identity of ICCs/IPs in the Philippines.
10 key points from the Indigenous People’s Rights Act (RA 8371):
- Recognition and Protection of Rights:
- Recognizes and promotes the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)
- Guarantees equal protection and non-discrimination
- Preserves their culture, traditions, and institutions
- Land Rights:
- Recognizes the ICCs/IPs’ ownership and possession of ancestral domains
- Prioritizes their rights in the utilization and management of natural resources within their domains
- Provides for the issuance of certificates of ancestral domain titles
- Self-Governance:
- Establishes the National Commission on Indigenous Peoples (NCIP) to protect and promote ICCs/IPs’ rights
- Allows ICCs/IPs to establish their own governing structures and legal systems
- Guarantees their right to self-determination and participation in decision-making processes
- Cultural and Intellectual Property Rights:
- Protects the ICCs/IPs’ cultural and intellectual property
- Ensures their right to the restitution of cultural property taken without their consent
- Encourages the documentation, preservation, and development of their cultural heritage
- Social and Economic Development:
- Provides for the delivery of basic social services to ICCs/IPs
- Promotes their economic development through sustainable resource management and livelihood programs
- Encourages their participation in national development planning
- Resolution of Conflicts:
- Prioritizes customary laws for resolving land conflicts within ICCs/IPs’ ancestral domains
- Provides mechanisms for amicable settlement of disputes
- Ensures access to justice for ICCs/IPs
- Free and Prior Informed Consent (FPIC):
- Requires the government to obtain the FPIC of ICCs/IPs before undertaking any project or activity that affects their ancestral domains and resources
- Ensures their right to participate in decision-making processes that affect their lives
- Education and Research:
- Supports the development of culturally appropriate educational programs for ICCs/IPs
- Promotes research on their cultures, traditions, and history
- Appropriation of Funds:
- Allocates funds for the implementation of the Act
- Ensures the sustainability of programs and projects that benefit ICCs/IPs
- Review and Monitoring:
- Provides for the regular review and monitoring of the implementation of the Act
- Ensures the accountability of government agencies and officials
These acts aren’t just bureaucratic documents—they’re concrete efforts by the government to address some of the industry’s most pressing concerns. The real challenge now is how effectively these acts are implemented. It’s all about ensuring that they translate from legislation into meaningful changes that positively impact the mining sector and the communities involved. These laws collectively form the regulatory framework that governs mining and geosciences in the Philippines. Their implementation and adherence are paramount in striking a balance between economic development and environmental preservation while safeguarding the rights of local communities and indigenous peoples.
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Disclaimer: These summaries are not a substitute for the full text of the law. Please refer to the official document for complete and accurate information.
References:
Arciga, J., Jr. (2012, November 11). TIMELINE: Philippine mining laws and policies. RAPPLER.
The Indigenous Peoples Rights Act 1997 (Republic Act No. 8371). (n.d.).
Salazar, R. R., III. (2023, September 19). Mining Laws and Regulations Philippines
International Comparative Legal Guides International Business Reports.
Small Scale mining laws in the Philippines – Policies – IEA. (n.d.). IEA.