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What Is Small-Scale Mining? It Refers To Mining

The Philippine Mining Act of 1995 governs all mining operations in the Philippines and defines areas where mining can occur. It provides two approaches for forming mining contracts: mineral production sharing agreements and foreign technical assistance agreements allowing 100% foreign ownership. Mineral resources belong to the state, and it controls and supervises their exploration, development, utilization and processing. The Small-Scale Mining Act of 1991 promotes small-scale mining to generate employment and provide equitable sharing of national wealth. Small-scale mining relies on manual labor without explosives or heavy equipment. It is allowed in public lands without existing rights, public lands with inactive mining rights, and private lands under certain conditions.

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93 views

What Is Small-Scale Mining? It Refers To Mining

The Philippine Mining Act of 1995 governs all mining operations in the Philippines and defines areas where mining can occur. It provides two approaches for forming mining contracts: mineral production sharing agreements and foreign technical assistance agreements allowing 100% foreign ownership. Mineral resources belong to the state, and it controls and supervises their exploration, development, utilization and processing. The Small-Scale Mining Act of 1991 promotes small-scale mining to generate employment and provide equitable sharing of national wealth. Small-scale mining relies on manual labor without explosives or heavy equipment. It is allowed in public lands without existing rights, public lands with inactive mining rights, and private lands under certain conditions.

Uploaded by

Yanalagunila
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Philippine Mining Act Small Scale Mining Act

RA 7942 or also known as the Philippine Mining RA 7076 or also known as the People’s Small-
Act of 1995 is the main policy/legislation which scale Mining Act of 1991 is declared of the State
governs all mining operations in the country and to promote, develop, protect and rationalize
includes various measures to protect the viable small-scale mining activities in order to
environment and define areas in which mining generate more employment opportunities and
can be allowed. The legislation provides two provide an equitable sharing of the nation’s
approaches in forming and finalizing mining wealth and natural resources, giving due regard
contracts namely: the Mineral Production Sharing to existing rights.
Agreement (MPSA) and the Foreign Technical
Assistance Agreement (FTAA) which permits 100
percent foreign ownership of mining operations.
Mineral resources are owned by the State and What is small-scale mining? it refers to mining
the exploration, development, utilization, and activities which rely heavily on manual labor
processing thereof shall be under its full control using simple implement and methods and do not
and supervision. The State may directly use explosives or heavy mining equipment
undertake such activities or it may enter into
mineral agreements with contractors.
Areas closed for mining Under what circumstances are mining areas
(a) In military and other government considered as small-scale mining area?
reservations, except upon prior written clearance (a) public lands not subjected to any existing
by the government agency concerned; right, (b) public lands covered by existing mining
(b) Near or under public or private buildings, rights which are not active mining areas,
cemeteries, archeological and historic sites, © Private lands, subject to certain rights and
bridges, highways, waterways, railroads, conditions, except those with substantial
reservoirs, dams or other infrastructure projects, improvements or in bona fide and regular use as
public or private works including plantations or a yard, stockyard, garden, plant nursery,
valuable crops, except upon written consent of plantation, cemetery or burial site, or land
the government agency or private entity situated within one hundred meters (100 m.)
concerned; from such cemetery or burial site, water reservoir
(c) In areas covered by valid and existing mining or a separate parcel of land with an area of ten
rights; thousand square meters (10,000 sq. m.) or less
(d) In areas expressedly prohibited by law; (d) No ancestral land may be declared as a
(e) In areas covered by small-scale miners as people’s small-scale mining area without the
defined by law unless with prior consent of the prior consent of the cultural communities
small-scale miners, in which case a royalty concerned
payment upon the utilization of minerals shall be
agreed upon by the parties, said royalty forming a
trust fund for the socioeconomic development of
the community concerned; and
(f) Old growth or virgin forests, proclaimed
watershed forest reserves, wilderness areas,
mangrove forests, mossy forests, national parks
provincial/municipal forests, parks, greenbelts,
game refuge and bird sanctuaries as defined by
law and in areas expressly prohibited under the
National Integrated Protected Areas System
(NIPAS) under Republic Act No. 7586,
Department Administrative Order No. 25, series
of 1992 and other laws.
 Small scale mining is part of Philippine mining act---- under Chapter VII
 Basta ang pinagkaiba nila is kapag small-scale walang gamit na mga heavy equipments and/or
explosives unlike sa large scale mining which is covered nang Philippine mining act
 Philippine Mining Act also covers both land and water regions of the country, yung land is any
land/province basta under sa law nang sariling province aside sa Phil. Mining act while sa water
considered ang water, sea bottom and subsurface up to 200 nautical miles
 I assume na kasama din dito explorations nang oil/fuel under the sea basta under sa 200
nautical mile radius from the baseline of the Phil Archipelago
 Parang wala akong nabasa na nabanggit sa small scale mining yung processing nang minerals na
makukuha from mining and/or travelling/shipping and also wala ding regarding sa pagaalaga
nang mining area like pag tanim ulit nang trees para sa mga im-mine na timber although
understood naman ata since kasi under yung small-scale mining act sa phil. Mining act

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