Article 39p. 39

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

the Official Gazette or in any newspaper of general

circulation.

Approved: October 26, 1990

Published in the Philippine Times Journal on November

9, 1990. Published in the Official Gazette, Vol. 86 No. 53

page 10057 on December 31, 1990.

(Toxic Substances and Hazardous and Nuclear Wastes

Control Act of 1990, Republic Act No. 6969, [October 26,

1990])

RA No 7942 | Philippine Mining Act of

1995

March 3, 1995

AN ACT INSTITUTING A NEW SYSTEM OF MINERAL

RESOURCES

EXPLORATION,

DEVELOPMENT,

UTILIZATION, AND CONSERVATION

➔

See IRR here

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled:

CHAPTER I Introductory Provision

Section 1

Title

This Act shall be known as the "Philippine Mining Act of

1995."

Section 2

Declaration of Policy

All mineral resources in public and private lands within

the

territory

and

exclusive

economic

zone

of

the

Republic of the Philippines are owned by the State. It

shall be the responsibility of the State to promote their

rational

exploration,

development,

utilization

and

conservation

through

the

combined

efforts

of

government and the private sector in order to enhance

national growth in a way that effectively safeguards the

environment

and

protect

the

rights

of

affected

communities.

Section 3

Definition of Terms

As used in and for purposes of this Act, the following

terms, whether in singular or plural, shall mean:

a. Ancestral lands refers to all lands exclusively and

actually possessed, occupied, or utilized by indigenous

cultural communities by themselves or through their

ancestors

in

accordance

with

their

customs

and

traditions

since

time

immemorial,

and

as

may

be

defined and delineated by law.

b. Block or meridional block means an area bounded by

one-half (1/2) minute of latitude and one-half (1/2) minute

of

longitude,

containing

approximately

eighty-one

hectares (81 has.).

c. Bureau means the Mines and Geosciences Bureau

under the Department of Environment and Natural

Resources.

d. Carrying capacity refers to the capacity of natural and

human

environments

to

accommodate

and

absorb

change without experiencing conditions of instability

and attendant degradation.

e. Contiguous zone refers to water, sea bottom and

substratum measured twenty-four nautical miles (24

n.m.) seaward from the base line of the Philippine

archipelago.

f. Contract area means land or body of water delineated

for purposes of exploration, development, or utilization

of the minerals found therein.

g. Contractor means a qualified person acting alone or in

consortium who is a party to a mineral agreement or to a

financial or technical assistance agreement.

h. Co-production agreement (CA) means an agreement

entered into between the Government and one or more

contractors in accordance with Section 26(b) hereof.

i. Department means the Department of Environment

and Natural Resources.

j. Development means the work undertaken to explore

and prepare an ore body or a mineral deposit for mining,

including the construction of necessary infrastructure

and related facilities.

k.

Director

means

the

Director

of

the

Mines

and

Geosciences Bureau.

l.

Ecological

profile

or

eco-profile

refers

to

geographic-based

instruments

for

planners

and

decision-makers which presents an evaluation of the

environmental quality and carrying capacity of an area.

m. Environmental compliance certificate (ECC) refers to

the

document

issued

by

the

government

agency

concerned

certifying

that

the

project

under

consideration will not bring about an unacceptable

environmental

impact

and

that the proponent has

complied with the requirements of the environmental

impact statement system.

n.

Environmental

impact

statement

(EIS)

is

the

document which aims to identify, predict, interpret, and

communicate

information

regarding

changes

in

environmental

quality

associated

with

a

proposed

project and which examines the range of alternatives for

the objectives of the proposal and their impact on the

environment.

o. Exclusive economic zone means the water, sea bottom

and subsurface measured from the baseline of the

Philippine archipelago up to two hundred nautical miles

(200 n.m.) offshore.

p. Existing mining/quarrying right means a valid and

subsisting mining claim or permit or quarry permit or

any mining lease contract or agreement covering a

mineralized area granted/issued under pertinent mining

laws.

q. Exploration means the searching or prospecting for

mineral

resources

by

geological,

geochemical

or

geophysical

surveys,

remote

sensing,

test

pitting,

trenching, drilling, shaft sinking, tunneling or any other

means for the purpose of determining the existence,

extent, quantity and quality thereof and the feasibility of

mining them for profit.

r. Financial or technical assistance agreement means a

contract involving financial or technical assistance for

large-scale exploration, development, and utilization of

mineral resources.

s. Force majeure means acts or circumstances beyond

the reasonable control of contractor including, but not

limited

to,

war,

rebellion,

insurrection,

riots,

civil

disturbance,

blockade,

sabotage,

embargo,

strike,

© 2018 Compiled by RGL

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