Article 40p. 40

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

lockout, any dispute with surface owners and other labor

disputes, epidemic, earthquake, storm, flood or other

adverse

weather

conditions,

explosion,

fire,

adverse

action by government or by any instrumentality or

subdivision thereof, act of God or any public enemy and

any cause that herein describe over which the affected

party has no reasonable control.

t. Foreign-owned corporation means any corporation,

partnership, association, or cooperative duly registered

in accordance with law in which less than fifty per

centum (50%) of the capital is owned by Filipino citizens.

u. Government means the government of the Republic

of the Philippines.

v.

Gross output means the actual market value of

minerals or mineral products from its mining area as

defined in the National Internal Revenue Code.

w. Indigenous cultural community means a group or

tribe of indigenous Filipinos who have continuously lived

as communities on communally-bounded and defined

land since time immemorial and have succeeded in

preserving, maintaining, and sharing common bonds of

languages, customs, traditions, and other distinctive

cultural traits, and as may be defined and delineated by

law.

x. Joint venture agreement (JVA) means an agreement

entered into between the Government and one or more

contractors in accordance with Section 26(c) hereof.

y. Mineral processing means the milling, beneficiation or

upgrading of ores or minerals and rocks or by similar

means to convert the same into marketable products.

z. Mine wastes and tailings shall mean soil and rock

materials from surface or underground mining and

milling

operations

with

no

economic

value

to the

generator of the same.

aa. Minerals refers to all naturally occurring inorganic

substance in solid, gas, liquid, or any intermediate state

excluding energy materials such as coal, petroleum,

natural

gas,

radioactive

materials,

and

geothermal

energy.

ab. Mineral agreement means a contract between the

government

and

a

contractor,

involving

mineral

production-sharing

agreement,

co-production

agreement, or joint-venture agreement.

ac.

Mineral

land

means

any

area

where

mineral

resources are found.

ad.

Mineral

resource

means

any

concentration

of

minerals/rocks with potential economic value.

ae. Mining area means a portion of the contract area

identified

by

the

contractor

for

purposes

of

development, mining, utilization, and sites for support

facilities or in the immediate vicinity of the mining

operations.

af. Mining operation means mining activities involving

exploration,

feasibility,

development,

utilization,

and

processing.

ag.

Non-governmental

organization

(NGO)

includes

nonstock, nonprofit organizations involved in activities

dealing with resource and environmental conservation,

management and protection.

ah.

Net

assets

refers

to

the

property,

plant

and

equipment

as

reflected

in

the

audited

financial

statement of the contractor net of depreciation, as

computed for tax purposes, excluding appraisal increase

and construction in progress.

ai. Offshore means the water, sea bottom and subsurface

from the shore or coastline reckoned from the mean low

tide level up to the two hundred nautical miles (200

n.m.) exclusive economic zone including the archipelagic

sea and contiguous zone.

aj. Onshore means the landward side from the mean

tide elevation, including submerged lands in lakes, rivers

and creeks.

ak.

Ore

means

a

naturally

occurring

substance

or

material from which a mineral or element can be mined

and/or processed for profit.

al. Permittee means the holder of an exploration permit.

am. Pollution control and infrastructure devices refers to

infrastructure,

machinery,

equipment

and/or

improvements

used

for

impounding,

treating

or

neutralizing,

precipitating,

filtering,

conveying

and

cleansing mine industrial waste and tailings as well as

eliminating

or

reducing

hazardous

effects

of

solid

particles, chemicals, liquids or other harmful byproducts

and gases emitted from any facility utilized in mining

operations for their disposal.

an. President means the President of the Republic of the

Philippines.

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.

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.

aq. Qualified person means any citizen of the Philippines

with capacity to contract, or a corporation, partnership,

association, or cooperative organized or authorized for

the purpose of engaging in miring, with technical and

financial

capability

to

undertake

mineral

resources

development and duly registered in accordance with law

at least sixty per centum (60%) of the capital of which is

owned by citizens of the Philippines: Provided, That a

legally organized foreign-owned corporation shall be

deemed a qualified person for purposes of granting an

exploration

permit,

financial

or

technical assistance

agreement or mineral processing permit.

ar. Quarrying means the process of extracting, removing

and disposing quarry resources found on or underneath

the surface of private or public land.

as. Quarry permit means a document granted to a

qualified person for the extraction and utilization of

quarry resources on public or private lands.

at. Quarry resources refers to any common rock or other

mineral

substances

as

the

Director

of

Mines

and

Geosciences Bureau may declare to be quarry resources

such

as,

but

not

limited

to,

andesite,

basalt,

conglomerate, coral sand, diatomaceous earth, diorite,

decorative stones, gabbro, granite, limestone, marble,

marl, red burning clays for potteries and bricks, rhyolite,

rock

phosphate,

sandstone,

serpentine,

shale,

tuff,

volcanic cinders, and volcanic glass: Provided, That such

quarry resources do not contain metals or metallic

constituents

and/or

other

valuable

minerals

in

economically workable quantities: Provided, further, That

non-metallic

minerals

such

as

kaolin,

feldspar, bull

© 2018 Compiled by RGL

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