Draft:Philippine Mining Act of 1995
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| Philippine Mining Act of 1995 | |
|---|---|
 | |
| Congress of the Philippines | |
| |
| Citation | Republic Act No. 7942 |
| Status: In force | |
The Philippine Mining Act of 1995, officially known as Republic Act No. 7942, is a significant piece of legislation governing the exploration, development, utilization, and conservation of mineral resources in the Philippines.[1]
Ownership and responsibility
In this Act, state ownership is emphasized, stipulating that all mineral resources, regardless of their location, are owned by the government.[2] The government plays a pivotal role in both promoting and overseeing mining activities, typically in collaboration with the private sector. This partnership aims to strike a delicate balance between fostering economic growth derived from mining endeavors and ensuring environmental preservation and the protection of communities affected by mining operations. Thus, the government's role encompasses not only facilitating economic development but also safeguarding environmental integrity and upholding the rights of impacted communities.[3]
Permits and agreements
The Act introduces a permit system designed to regulate various phases of mining operations, encompassing exploration, development, utilization, and rehabilitation. Three primary permit types are delineated within this framework: exploration permits, mineral production and sharing agreements, and financial or technical assistance agreements. While preference is given to Filipino citizens or corporations, foreign involvement is permitted, particularly for extensive projects concerning designated minerals. This provision allows for a degree of international collaboration while ensuring domestic interests remain prioritized within the mining sector.
Financial aspects
In the realm of taxes, permit holders are subject to various levies including excise taxes, mine waste and tailings fees, and occupation fees. These financial obligations are part of the regulatory framework governing mining activities. Moreover, to address the socio-economic impacts of mining operations, a stipulation mandates that a portion of mining revenues be earmarked for community development initiatives. This ensures that the communities affected by mining activities benefit from the industry's profits. Additionally, funds are allocated for scientific research and technological advancements in mining, reflecting a commitment to innovation and sustainable practices within the sector. These measures collectively aim to balance the economic interests of mining stakeholders with the social and environmental concerns of impacted communities.
Indigenous cultural communities
The Act emphasizes the recognition and protection of ancestral land rights for indigenous communities, mandating their consent before any mining activities can take place on their ancestral lands. This provision aims to uphold the autonomy and sovereignty of these communities over their territories. Additionally, the Act stipulates the necessity of agreements between mining companies and indigenous communities, which should include provisions for royalty payments.[4] These payments are intended to ensure that communities benefit from the extraction of resources from their lands and help mitigate potential negative impacts on their livelihoods and environment. Overall, these measures underscore the importance of equitable and sustainable practices in resource extraction and community engagement within the mining sector.
Implementing agencies
The Act is implemented by the Mines and Geosciences Bureau under the Department of Environment and Natural Resources. The administrative and technical aspects of the law, such as the organization and authority of the Mines and Geosciences Bureau, are specified in the Implementing Rules and Regulations.
References
- ^ "Philippine Mining Act of 1995 (Republic Act No. 7942) – Policies". IEA. Retrieved 2024-02-12.
- ^ https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/3617#:~:text=4.,into%20mineral%20agreements%20with%20contractors.
- ^ "FAO.org :". www.fao.org. Retrieved 2024-02-12.
- ^ count, Making all voices. "Empowering the indigenous peoples' community towards responsible mining". Making All Voices Count. Retrieved 2024-02-12.