Article 48p. 48

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

mining

or

quarrying

operations,

which

is

not

in

accordance

with safety and anti-pollution laws and

regulations.

In

case

of imminent danger to life or

property, the mines regional director may summarily

suspend the mining or quarrying operations until the

danger is removed, or appropriate measures are taken

by the contractor or permittee.

Section 68

Report of Accidents

In case of any incident or accident, causing or creating

the danger of loss of life or serious physical injuries, the

person in charge of operations shall immediately report

the same to the regional office where the operations are

situated. Failure to report the same without justifiable

reason

shall

be

a

cause

for

the

imposition

of

administrative sanctions prescribed in the rules and

regulations implementing this Act.

Section 69

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. The work

program shall include not only plans relative to mining

operations

but

also

to

rehabilitation,

regeneration,

revegetation

and

reforestation

of mineralized areas,

slope stabilization of mined-out and tailings covered

areas, aquaculture, watershed development and water

conservation; and socioeconomic development.

Section 70

Environmental Impact Assessment (EIA)

Except

during

the

exploration

period

of a mineral

agreement

or

financial

or

technical

assistance

agreement or an exploration permit, an environmental

clearance certificate shall be required based on an

environmental

impact

assessment

and

procedures

under the Philippine Environmental Impact Assessment

System

including

Sections

26 and 27 of the Local

Government

Code

of

1991

which

require

national

government agencies to maintain ecological balance,

and prior consultation with the local government units,

non-governmental and people's organizations and other

concerned sectors of the community: Provided, That a

completed ecological profile of the proposed mining

area shall also constitute part of the environmental

impact

assessment.

People's

organizations

and

non-governmental organizations shall be allowed and

encouraged

to

participate

in

ensuring

that

contractors/permittees

shall

observe

all

the

requirements of environmental protection.

Section 71

Rehabilitation

Contractors

and

permittees

shall

technically

and

biologically

rehabilitate

the

excavated,

mined-out,

tailings covered and disturbed areas to the condition of

environmental

safety,

as

may

be

provided

in

the

implementing rules and regulations of this Act. A mine

rehabilitation

fund

shall

be

created,

based

on

the

contractor's

approved

work

program,

and

shall

be

deposited as a trust fund in a government depository

bank and used for physical and social rehabilitation of

areas and communities affected by mining activities and

for research on the social, technical and preventive

aspects of rehabilitation. Failure to fulfill the above

obligation shall mean immediate suspension or closure

of

the

mining activities of the contractor/permittee

concerned.

CHAPTER XII Auxiliary Mining Rights

Section 72

Timber Rights

Any provision of law to the contrary notwithstanding, a

contractor may be granted a right to cut trees or timber

within his mining area as may be necessary for his

mining operations subject to forestry laws, rules and

regulations: Provided, That if the land covered by the

mining

area

is

already

covered

by

existing timber

concessions, the volume of timber needed and the

manner

of

cutting

and

removal

thereof

shall

be

determined

by

the

mines

regional

director,

upon

consultation

with

the

contractor,

the

timber

concessionaire/permittee and the Forest Management

Bureau of the Department: Provided, further, That in

case of disagreement between the contractor and the

timber concessionaire, the matter shall be submitted to

the

Secretary

whose

decision

shall

be

final.

The

contractor shall perform reforestation work within his

mining area in accordance with forestry laws, rules and

regulations.

Section 73

Water Rights

A

contractor

shall

have

water

rights

for

mining

operations

upon

approval

of

application

with

the

appropriate government agency in accordance with

existing water laws, rules and regulations promulgated

thereunder: Provided, That water rights already granted

or

vested

through

long

use,

recognized

and

acknowledged by local customs, laws, and decisions of

courts shall not thereby be impaired: Provided, further,

That the Government reserves the right to regulate

water

rights

and

the

reasonable

and

equitable

distribution

of

water

supply

so

as

to

prevent

the

monopoly of the use thereof.

Section 74

Right to Possess Explosives

A contractor/exploration permittee shall have the right to

possess and use explosives within his contract/permit

area as may be necessary for his mining operations upon

approval of application with the appropriate government

agency in accordance with existing laws, rules and

regulations promulgated thereunder: Provided, That the

Government reserves the right to regulate and control

the

explosive

accessories

to

ensure

safe

mining

operations.

Section 75

Easement Rights

When mining areas are so situated that for purposes of

more convenient mining operations it is necessary to

build, construct or install on the mining areas or lands

owned,

occupied

or leased by other persons, such

infrastructure as roads, railroads, mills, waste dump sites,

tailings ponds, warehouses, staging or storage areas and

port

facilities,

tramways,

runways,

airports,

electric

transmission, telephone or telegraph lines, dams and

their normal flood and catchment areas, sites for water

wells, ditches, canals, new river beds, pipelines, flumes,

cuts,

shafts,

tunnels,

or mills, the contractor, upon

payment of just compensation, shall be entitled to enter

and occupy said mining areas or lands.

Section 76

Entry into Private Lands and Concession Areas

Subject to prior notification, holders of mining rights

shall not be prevented from entry into private lands and

concession

areas

by

surface

owners,

occupants,

or

© 2018 Compiled by RGL

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