Natural Resources and Environmental Laws
Natural Resources and Environmental Laws
Answer First
Primary Text
NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS
The fund shall also be made available to address the
needs
of
the small-scale miners brought about by
accidents and/or fortuitous events.
Section 21. Rescission of Contracts and Administrative
Fines.
–
The
noncompliance
with
the
terms
and
conditions of the contract or violation of the rules and
regulations issued by the Secretary pursuant to this Act,
as well as the abandonment of the mining site by the
contractor, shall constitute a ground for the cancellation
of the contracts and the ejectment from the people's
small-scale mining area of the contractor. In addition,
the Secretary may impose fines against the violator in an
amount
of
not
less
than
Twenty
thousand
pesos
(P20,000.00) and not more than One hundred thousand
pesos (P100,000.00). Nonpayment of the fine imposed
shall render the small-scale mining contractor ineligible
for other small-scale mining contracts.
Section 22. Reversion of People's Small-scale Mining
Areas. – The Secretary, upon recommendation of the
director,
shall
withdraw
the
status
of
the people's
small-scale mining area when it can no longer feasibly
operated on a small-scale mining basis or when the
safety, health and environmental conditions warrant that
the same shall revert to the State for proper disposition.
Section 23. Actual Occupation by Small-scale Miners. –
Small-scale miners who have been in actual operation of
mineral lands on or before August 1, 1987 as determined
by the Board shall not be dispossessed, ejected or
removed from said areas: provided, that they comply
with the provisions of this Act.
Section 24. Provincial/City Mining Regulatory Board. –
There is hereby created under the direct supervision and
control
of
the
Secretary
a
provincial/city
mining
regulatory board, herein called the Board, which shall be
the implementing agency of the Department, and shall
exercise the following powers and functions, subject to
review by the Secretary:
(a) Declare and segregate existing gold-rush areas for
small-scale mining;
(b) Reserve future gold and other mining areas for
small-scale mining;
(c) Award contracts to small-scale miners;
(d) Formulate and implement rules and regulations
related to small-scale mining;
(e) Settle disputes, conflicts or litigations over conflicting
claims within a people's small-scale mining area, an area
that is declared a small-mining; and
(f) Perform such other functions as may be necessary to
achieve the goals and objectives of this Act.
Section 25. Composition of the Provincial/City Mining
Regulatory Board. – The Board shall be composed of the
Department
of
Environment and Natural Resources
representative as Chairman; and the representative of
the governor or city mayor, as the representative of the
governor or city mayor, as the case may be, one (1) small
scale mining representative, one (1) big-scale mining
representative,
and
the
representative
from
a
nongovernment organization who shall come from an
environmental group, as members.
The representatives from the private sector shall be
nominated
by
their
respective
organizations
and
appointed by the Department regional director. The
Department shall provide the staff support to the Board.
Section 26. Administrative Supervision over the People's
Small-scale Mining Program. – The Secretary through his
representative
shall
exercise
direct
supervision
and
control over the program and activities of the small-scale
miners within the people's small-scale mining area.
The Secretary shall within ninety (90) days from the
effectivity of this Act promulgate rules and regulations to
effectively implement the provisions of the same. Priority
shall be given to such rules and regulations that will
ensure the least disruption in the operations of the
small-scale miners.
Section 27. Penal Sanctions. – Violations of the provisions
of
this
Act
or of the rules and regulations issued
pursuant hereto shall be penalized with imprisonment of
not less than six (6) months nor more than six (6) years
and
shall
include
the
confiscation
and
seizure
of
equipment, tools and instruments.
Section 28. Repealing Clause. – All laws, decrees, letters
of instruction, executive orders, rules and regulations,
and other issuances, or parts thereof, in conflict or
inconsistent
with
this
Act
are
hereby
repealed
or
modified accordingly.
Section 29. Separability Clause. – Any section or provision
of this Act which may be declared unconstitutional shall
not affect the other sections or provisions hereof.
Section 30. Effectivity. – This Act shall take effect fifteen
(15) days after its publication in the Official Gazette or in
a national newspaper of general circulation.
Approved: June 27, 1991.
PD No 972 | The Coal Development Act of
1976
As amended by PD No 1174, July 22, 1977
July 28, 1976
PROMULGATING
AN
ACT
TO
PROMOTE
AN
ACCELERATED
EXPLORATION,
DEVELOPMENT,
EXPLOITATION,
PRODUCTION
AND
UTILIZATION
OF
COAL
➔
See IRR here
WHEREAS, the increasing cost of imported crude oil
imposes an unduly heavy demand on the country's
international reserves thereby making it imperative for
the
government
to pursue actively the exploration,
development
and exploitation of indigenous energy
resources;
WHEREAS, while coal has been identified as a fossil fuel
known to exist in mineable quantities in the country
which could provide a viable energy source for some
vital industries, large tracts of coalbearing lands have not
been explored and mined in a manner and to an extent
adequate to meet the needs of the economy;
WHEREAS, the proliferation of fragmented coal permits
and leases has prevented, or deterred, the adequate and
speedy
exploration,
development,
exploitation
and
production of indigenous coal resources;
WHEREAS, to develop, achieve and implement a well-
planned,
systematic
and
meaningful
exploration,
development, exploitation and production of local coal
resources,
participation
of
the
private
sector
with
sufficient capital, technical and managerial resources
must be encouraged and the technical and financial
capabilities of the coal industry upgraded;
WHEREAS,
hand
in hand with an accelerated coal
exploration, development, exploitation and production
program, it is essential that the market for domestic coal
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