Key Definitions
- Defines important terms such as ancestral lands, block, contractor, Department of Environment and Natural Resources (DENR), Exploration, Financial or Technical Assistance Agreement, Indigenous cultural communities, Mineral Agreements, Mining operations, Small-scale mining, Quarrying, and State among others.
- Clarifies territorial scope including onshore, offshore, exclusive economic zone, and contiguous zones.
Government Management of Minerals
- State owns and controls all mineral resources.
- Allows direct State undertaking or contracting with qualified persons.
- Recognizes indigenous cultural communities' rights to ancestral lands.
- Presidential authority to establish mineral reservations for national interest or preservation.
- Mines and Geosciences Bureau (Bureau) under DENR administers mineral lands, conducts surveys and monitors compliance.
- Regional offices for mining governance established.
Application Scope and Land Use
- Governs all exploration, development, utilization, and processing of minerals.
- Prohibits opening ancestral lands without indigenous communities' prior consent.
- Royalty payments to indigenous communities to form trust funds for socioeconomic development.
- Open mining to both public and private lands but with reservations and exclusions.
- Certain areas like military reservations, historic sites, valid mining rights areas, protected forests, and NIPAS areas are closed for mining.
Exploration Permit Regime
- Permits grant exploration rights for specified areas and are renewable.
- Maximum area limits set by geographic location and applicant type.
- Permittee has rights to enter and explore subject to negotiations if private lands affected.
- Permittee may convert exploration permit into mineral agreements if project feasibility is declared.
- Permits are transferable with Secretary's approval.
Mineral Agreements
- Three modes: Mineral Production Sharing Agreement, Co-production Agreement, and Joint Venture Agreement.
- Grants exclusive mining and extraction rights in contract areas.
- Qualified persons with environmental track records eligible.
- Maximum contract areas set for onshore and offshore locations.
- Mineral agreements filed regionally with Secretary's approval and presidential notification.
- Assignments/transfers require Secretary's approval, automatic if no action within 30 days.
- Agreements valid for up to 25 years, renewable.
- Contractor may withdraw if mining no longer feasible, subject to compliance.
Financial or Technical Assistance Agreements (FTAA)
- Qualified persons with financial and technical capabilities may enter.
- Larger maximum contract areas allowed.
- Requires firm financial commitments, bonds, technical competence, and environmental compliance.
- Mandates preferential use of local goods, Filipino employment preference, technology transfer, and environmental protection.
- Negotiated by DENR and approved by the President who must notify Congress.
- Renewable terms up to 25 years.
- Contractors may convert to a mineral agreement under specific conditions.
- Transfers need presidential approval with congressional notification.
- Withdrawal possible if operations deemed not feasible.
Small-scale Mining and Quarrying
- Small-scale mining governed by Republic Act No. 7076.
- Quarry permits granted by provincial/city mining boards with limits on area and duration.
- Different permits regulate commercial, industrial, exclusive sand and gravel extraction, and gratuitous government or private use.
- Fees, taxes, and grounds for cancellation detailed.
Transport, Sale, and Processing of Minerals
- Ore transport permits required unless exempt for assay samples.
- Mineral trading requires registration and accreditation.
- Mineral processing permits issued for fixed terms.
- Foreign-owned/controlled corporations may obtain processing permits.
Community Development and Technology
- Contractors must aid mining communities' development and promote science and mining technology.
- Expenditures for socioeconomic and technical advancement credited.
- Effective manpower training required, with preference given to Filipinos.
- Prioritizes use of local goods, services, and technologies.
- Provides for turn-over of infrastructure to government after mining cessation.
Safety, Labor, and Environmental Protection
- Strict compliance to mines safety and environmental regulations mandatory.
- Age limits for mining labor set (16 for all mining, 18 for underground).
- Large operations require qualified engineers and foremen.
- Regional directors oversee inspections and enforce corrective orders.
- Environmental Compliance Certificate (ECC) required except during exploration phase.
- Environmental programs must include rehabilitation plans.
- Mine rehabilitation funds established.
Auxiliary Mining Rights
- Rights to timber, water, explosives, and easements necessary for mining operations are provided.
- Compensation and bond posting required for entry and usage of private lands or concession areas.
Conflict Resolution
- Establishes a panel of arbitrators with original jurisdiction over mining disputes.
- Decisions appealable to the Mines Adjudication Board.
- Mines Adjudication Board composed of DENR Secretary, Mines Bureau Director, Undersecretary.
- Board authorized to hear cases, summon witnesses, impose penalties, and make binding decisions.
- Final decisions subject to judicial review on questions of law.
Government Share and Tax Provisions
- Prescribes government share mainly through excise tax under mineral production-sharing agreements.
- Government share in other agreements negotiated considering investments and risks.
- Income tax, excise tax, mine wastes and tailings fees, and occupation fees imposed, with allocation formulas.
- Secretary empowered to increase fees and charge filing fees.
Incentives and Guarantees
- Contractors entitled to fiscal incentives under Omnibus Investments Code.
- Pollution control devices exempt from certain taxes.
- Net operating losses may be carried forward.
- Accelerated depreciation allowed.
- Constitutional protections including repatriation of investments, freedom from expropriation, requisition protections, and confidentiality guaranteed.
Grounds for Cancellation and Penalties
- Suspension or cancellation for non-compliance, violations, non-payment of fees, false statements.
- Specific criminal penalties for illegal exploration, theft, destruction of mining property, arson, obstruction, environmental violations.
- Fines and administrative sanctions authorized.
Organizational Setup
- Mines and Geosciences Bureau designated a line bureau with regional and district offices.
Transitory Provisions
- Existing valid mining rights recognized and protected.
- Preferential rights for existing claim holders to enter mineral agreements within two years.
- Separability and repealing clauses.
- Act effective thirty days after publication.