8/13/2019 Creating a People_s Small-Scale Mining Program

1/13

Creating a Peoples Small-

Scale Mining ProgramRA 7076, 1991

8/13/2019 Creating a People_s Small-Scale Mining Program

2/13

Mining is a naturally extractive industry. Itmust be done very carefully

Be careful of what you take out of theEarth especially those that you cannot putback in

8/13/2019 Creating a People_s Small-Scale Mining Program

3/13

State Policy

Promote, develop, protect and rationalizeviable small scale mining activities in orderto generate more employment

opportunities and provide an equitablesharing of the nations wealth and naturalresources, giving due regard to existing

rights

8/13/2019 Creating a People_s Small-Scale Mining Program

4/13

Definitions

Mineralized areas refer to areas withnaturally occuring mineral deposits ofgold, silver, chromite, kaolin, silica,

marble, gravel, clay and like mineralresources

Small-scale mining refers to miningactivities which rely heavily on manuallabor using simple implements andmethods and do not use explosives orheavy mining equipment

8/13/2019 Creating a People_s Small-Scale Mining Program

5/13

Small-scale miners refers to Filipinocitizens who individually or in the companyof other Filipino citizens, voluntarily form a

cooperative licensed by DENR to engage,under the terms of conditions of thecontract, in the extraction or removal of

minerals or ore-bearing materials from theground

8/13/2019 Creating a People_s Small-Scale Mining Program

6/13

Lands that may be declaredsuitable for small scale mining

Public land not subjected to any existingright

Public land covered by existing miningrights which are not active mining areas

Private lands, subject to certain rights andconditions, etc

(Sec 6)

8/13/2019 Creating a People_s Small-Scale Mining Program

7/13

8/13/2019 Creating a People_s Small-Scale Mining Program

8/13

Registration Requirement

All persons undertaking a small scalemining activities shall register as minerswith the Board/DENR and may organize

themselves into cooperative in order toqualify for the awarding of peoples smallscale mining contract (Sec 8)

8/13/2019 Creating a People_s Small-Scale Mining Program

9/13

Award of Contracts (Sec 9)

Awarded to small-scale miners who havevoluntarily organized and have dulyregistered with appropriate government

agency as an individual miner orcooperative. Provided only one contractmaybe awarded at any one time to asmall-scale mining contractor who shallstart operation within 1 year from the dateof award and priority shall be given tominers residing in the province or city

where area is located

8/13/2019 Creating a People_s Small-Scale Mining Program

10/13

Mining area= not to exceed 20 hectaresper contractor depending on thecircumstances at hand (sec 10)

Small-scale mining contract cannot besub-contracted (sec 12)

Term of contract = 2 years, renewable

(Sec 13) Duties and obligations of contract holder

(sec 13)

8/13/2019 Creating a People_s Small-Scale Mining Program

11/13

Rights of Claimowners (sec 14)

Claimowners and small-scale miners areencouraged to enter into a voluntary andacceptable agreement. In case of

disagreement, this section provides forrights and privileges of claimownersincluding royalties

8/13/2019 Creating a People_s Small-Scale Mining Program

12/13

Rights of Private Landowners(Sec 15)

Notice to petition to declare the land asmining area and to oppose such petition

If approved, voluntary agreementbetween miners and landowners isencouraged

Among others, owners are entitled toroyalties

8/13/2019 Creating a People_s Small-Scale Mining Program

13/13

Sale of gold- to Central Bank of thePhilippines or any of its representative(Sec 17)

Rescission of contracts and administrativefine against a contractor (Sec 21)

Penalty for violations of the law and its

rules and regulations-6 months to 6 yearsof imprisonment plus confiscation andseizure of equipment, tools andinstruments (Sec 27)