Article 54p. 54

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

materials such as by gravity concentration, leaching

benefication, cyanidation, cutting, sizing, polishing and

other similar activities;

(j) "License" refers to the privilege granted to a person to

legitimately

pursue

his occupation as a small-scale

miner or processor under this Act;

(k)

"Mining

plan"

refers

to

a

two-year program of

activities and methodologies employed in the extraction

and production of minerals or ore-bearing materials,

including the financial plan and other resources in

support thereof;

(l) "Director" refers to the regional executive director of

the Department of Environment and Natural Resources;

and

(m) "Secretary" refers to the Secretary of the Department

of Environment and Natural Resources.

Section 4. People's Small-scale Mining Program. – For

the purpose of carrying out the declared policy provided

in Section 2 hereof, there is hereby established a People's

Small-scale Mining Program to be implemented by the

Secretary

of

the

Department

of

Environment

and

Natural Resources, hereinafter called the Department, in

coordination

with

other

concerned

government

agencies, designed to achieve an orderly, systematic and

rational scheme for the small-scale development and

utilization of mineral resources in certain mineral areas

in order to address the social, economic, technical, and

environmental

connected

with

small-scale

mining

activities.

The People's Small-scale Mining Program shall include

the following features:

(a) The identification, segregation and reservation of

certain mineral lands as people's small-scale mining

areas;

(b)

The

recognition

of

prior

existing

rights

and

productivity;

(c) The encouragement of the formation of cooperatives;

(d) The extension of technical and financial assistance,

and other social services;

(e)

The

extension

of

assistance

in

processing

and

marketing;

(f) The generation of ancillary livelihood activities;

(g) The regulation of the small-scale mining industry

with the view to encourage growth and productivity; and

(h) The efficient collection of government revenue.

Section 5. Declaration of People's Small-scale Mining

Areas. – The Board is hereby authorized to declare and

set aside people's small-scale mining areas in sites

onshore

suitable

for

small-scale

mining,

subject to

review by the Secretary, immediately giving priority to

areas

already

occupied

and

actively

mined

by

small-scale miners before August 1, 1987: provided, that

such areas are not considered as active mining areas:

provided, further, that the minerals found therein are

technically and commercially suitable for small-scale

mining activities: provided, finally, that the areas are not

covered by existing forest rights or reservations and have

not been declared as tourist or marine reserved, parks

and wildlife reservations, unless their status as such is

withdrawn by competent authority.

Section 6. Future People's Small-scale Mining Areas. –

The

following

lands,

when

suitable

for

small-scale

mining, may be declared by the Board as people's small

scale mining areas:

(a) Public lands not subject to any existing right;

(b) Public lands covered by existing mining rights which

are not active mining areas; and

(c) Private lands, subject to certain rights and conditions,

except those with substantial improvements or in bona

fide and regular use as a yard, stockyard, garden, plant

nursery, plantation, cemetery or burial site, or land

situated within one hundred meters (100 m.) from such

cemetery or burial site, water reservoir or a separate

parcel of land with an area of ten thousand square

meters (10,000 sq. m.) or less.

Section 7. Ancestral Lands. – No ancestral land may be

declared as a people's small-scale mining area without

the

prior

consent

of

the

cultural

communities

concerned: provided, that, if ancestral lands are declared

as people's small-scale mining areas, the members of

the cultural communities therein shall be given priority

in the awarding of small-scale mining contracts.

Section

8.

Registration

of

Small-scale

Miners. – All

persons undertaking small-scale mining activities shall

register as miners with the Board and may organize

themselves into cooperatives in order to qualify for the

awarding of a people's small-scale mining contract.

Section

9.

Award

of

People's

Small-scale

Mining

Contracts. – A people's small-scale mining contract may

be awarded by the Board to small-scale miners who

have voluntarily organized and have duly registered with

the appropriate government agency as an individual

miner or cooperative; Provided, that only one (1) people's

small-scale mining contract may be awarded at any one

time to a small-scale mining operations within one (1)

year from the date of award: provided, further, that

priority shall be given or city where the small-scale

mining area is located.

Applications

for

a

contract

shall

be

subject

to

a

reasonable

fee

to

be

paid

to

the

Department

of

Environment

and

Natural

Resources

regional

office

having jurisdiction over the area.

Section 10. Extent of Contract Area. – The Board shall

determine the reasonable size and shape of the contract

area following the meridional block system established

under

Presidential

Decree

No.

463,

as

amended,

otherwise known as the Mineral Resources Development

Decree of 1974, but in no case shall the area exceed

twenty hectares (20 has.) per contractor and the depth

or length of the tunnel or adit not exceeding that

recommended by the director taking into account the

following circumstances:

(a)

Size

of

membership

and

capitalization

of

the

cooperative;

(b) Size of mineralized area;

(c) Quantity of mineral deposits;

(d) Safety of miners;

(e) Environmental impact and other considerations; and

(f) Other related circumstances.

Section 11. Easement Rights. – Upon the declaration of a

people's

small-scale

mining

area,

the

director,

in

consultation with the operator, claimowner, landowner

or lessor of an affected area, shall determine the right of

the small scale miners to existing facilities such as

mining

and

logging

roads,

private roads, port and

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