Article 53p. 53

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

Section 110

Other Violations

Any other violation of this Act and its implementing

rules

and

regulations

shall

constitute

an

offense

punishable with a fine not exceeding Five thousand

pesos (P5,000.00).

Section 111

Fines

The Secretary is authorized to charge fines for late or

non-submission

of

reports

in

accordance

with

the

implementing rules and regulations of this Act.

CHAPTER XX Transitory and Miscellaneous

Provisions

Section 112

Non-Impairment of Existing Mining/Quarrying Rights

All

valid

and

existing

mining

lease

contracts,

permits/licenses,

leases

pending

renewal,

mineral

production-sharing

agreements

granted

under

Executive Order No. 279, at the date of effectivity of this

Act, shall remain valid, shall not be impaired, and shall be

recognized

by

the

Government:

Provided, That the

provisions

of

Chapter

XIV

on government share in

mineral production-sharing agreement and of Chapter

XVI on incentives of this Act shall immediately govern

and apply to a mining lessee or contractor unless the

mining lessee or contractor indicates his intention to the

secretary, in writing, not to avail of said provisions:

Provided,

further,

That no renewal of mining lease

contracts shall be made after the expiration of its term:

Provided, finally, That such leases, production-sharing

agreements,

financial

or

technical

assistance

agreements shall comply with the applicable provisions

of this Act and its implementing rules and regulations.

Section 113

Recognition of Valid and Existing Mining Claims and

Lease/Quarry Applications

Holders of valid and existing mining claims, lease/quarry

applications shall be given preferential rights to enter

into

any

mode

of

mineral

agreement

with

the

government within two (2) years from the promulgation

of the rules and regulations implementing this Act.

Section 114

Separability Clause

If any of the provision of this Act is held or declared to be

unconstitutional or invalid by a competent court, the

other provisions hereof shall continue to be in force as if

the provision so annulled or voided had never been

incorporated in this Act.

Section 115

Repealing and Amending Clause

All laws, executive orders, presidential decrees, rules and

regulations or parts thereof which are inconsistent with

any of the provisions of this Act are hereby repealed or

amended accordingly.

Section 116

Effectivity Clause

This Act shall take effect thirty (30) days following its

complete publication in two (2) newspapers of general

circulation in the Philippines.

RA No 7076 | People's Small-scale Mining

Act of 1991

June 27, 1991

AN ACT CREATING A PEOPLE'S SMALL-SCALE MINING

PROGRAM AND FOR OTHER PURPOSES

➔

See IRR here

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled::

Section 1. Title. – This Act shall be known as the "People's

Small-scale Mining Act of 1991."

Section 2. Declaration of Policy. – It is hereby declared of

the State to promote, develop, protect and rationalize

viable small-scale mining activities in order to generate

more

employment

opportunities

and

provide

an

equitable sharing of the nation's wealth and natural

resources, giving due regard to existing rights as herein

provided.

Section 3. Definitions. – For purposes of this Act, the

following terms shall be defined as follows:

(a)

"Mineralized areas" refer to areas with naturally

occurring mineral deposits of gold, silver, chromite,

kaolin,

silica,

marble,

gravel,

clay

and

like

mineral

resources;

(b) "Small-scale mining" refers to mining activities which

rely heavily on manual labor using simple implement

and methods and do not use explosives or heavy mining

equipment;

(c) "Small-scale miners" refer to Filipino citizens who,

individually or in the company of other Filipino citizens,

voluntarily form a cooperative duly licensed by the

Department of Environment and Natural Resources to

engage, under the terms and conditions of a contract, in

the extraction or removal of minerals or ore-bearing

materials from the ground;

(d) "Small-scale mining contract" refers to co-production,

joint venture or mineral production sharing agreement

between the State and a small-scale mining contractor

for the small-scale utilization of a plot of mineral land;

(e) "Small-scale mining contractor" refers to an individual

or a cooperative of small-scale miners, registered with

the

Securities

and

Exchange

Commission

or

other

appropriate government agency, which has entered into

an

agreement

with

the

State

for

the

small-scale

utilization of a plot of mineral land within a people's

small-scale mining area;

(f) "Active mining area" refers to areas under actual

exploration, development, exploitation or commercial

production as determined by the Secretary after the

necessary field investigation or verification including

contiguous and geologically related areas belonging to

the same claimowner and/or under contract with an

operator, but in no case to exceed the maximum area

allowed by law;

(g)

"Existing

mining

right"

refers

to perfected and

subsisting claim, lease, license or permit covering a

mineralized area prior to its declaration as a people's

small-scale mining area;

(h) "Claimowner" refers to a holder of an existing mining

right;

(i) "Processor" refers to a person issued a license to

engage in the treatment of minerals or ore-bearing

© 2018 Compiled by RGL

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