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AN ACT INSTITUTING A NEW SYSTEM OF MINERAL RESOURCES EXPLORATION,DEVELOPMENT, UTILIZATION, AND CONSERVATION

Be it enacted by the Senate and House of Representatives of the Philippines in Congressassembled:

Section 2Decl!tion o" Polic#

 All mineral resources in public and private lands within the territory and exclusive economic zone ofthe Republic of the Philippines are owned by the State. It shall be the responsibility of the State topromote their rational exploration, development, utilization and conservation through the combinedefforts of government and the private sector in order to enhance national growth in a way thateffectively safeguards the environment and protect the rights of affected communities.

Section $De"inition o" Te!%&

 As used in and for purposes of this Act, the following terms, whether in singular or plural, shall mean

!. "xploration means the searching or prospecting for mineral resources by geological,geochemical or geophysical surveys, remote sensing, test pitting, trenching, drilling, shaftsin#ing, tunneling or any other means for the purpose of determining the existence, extent,!uantity and !uality thereof and the feasibility of mining them for profit.

r. $inancial or technical assistance agreement means a contract involving financial or

technical assistance for large%scale exploration, development, and utilization of mineralresources.

.

aa. &inerals refers to all naturally occurring inorganic substance in solid, gas, li!uid, or anyintermediate state excluding energy materials such as coal, petroleum, natural gas,radioactive materials, and geothermal energy.

a!. 'ualified person means any citizen of the Philippines with capacity to contract, or acorporation, partnership, association, or cooperative organized or authorized for the purposeof engaging in miring, with technical and financial capability to underta#e mineral resources

development and duly registered in accordance with law at least sixty per centum ()*+ ofthe capital of which is owned by citizens of the Philippines Provided, -hat a legallyorganized foreign%owned corporation shall be deemed a !ualified person for purposes ofgranting an exploration permit, financial or technical assistance agreement or mineralprocessing permit.

az. tilization means the extraction or disposition of minerals.

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Section 'A(t)o!it# o" t)e De*!t%ent

-he /epartment shall be the primary government agency responsible for the conservation,management, development, and proper use of the State0s mineral resources including those inreservations, watershed areas, and lands of the public domain. -he Secretary shall have theauthority to enter into mineral agreements on behalf of the 1overnment upon the recommendation of the /irector, promulgate such rules and regulations as may be necessary to implement the intentand provisions of this Act.

Section +A(t)o!it# o" t)e (!e(

-he 2ureau shall have direct charge in the administration and disposition of mineral lands andmineral resources and shall underta#e geological, mining, metallurgical, chemical, and other

researches as well as geological and mineral exploration surveys. -he /irector shall recommend tothe Secretary the granting of mineral agreements to duly !ualified persons and shall monitor thecompliance by the contractor of the terms and conditions of the mineral agreements. -he 2ureaumay confiscate surety, performance and guaranty bonds posted through an order to be promulgatedby the /irector. -he /irector may deputize, when necessary, any member or unit of the Philippine3ational Police, barangay, duly registered non%governmental organization (314 or any !ualifiedperson to police all mining activities.

Section -'A!e& O*en to Minin. O*e!tion&

Sub5ect to any existing rights or reservations and prior agreements of all parties, all mineral

resources in public or private lands, including timber or forestlands as defined in existing laws, shallbe open to mineral agreements or financial or technical assistance agreement applications. Anyconflict that may arise under this provision shall be heard and resolved by the panel of arbitrators.

Section -+A!e& Clo&e/ to Minin. A**liction&

&ineral agreement or financial or technical assistance agreement applications shall not be allowed

a. In military and other government reservations, except upon prior written clearance by thegovernment agency concerned6

b. 3ear or under public or private buildings, cemeteries, archeological and historic sites,bridges, highways, waterways, railroads, reservoirs, dams or other infrastructure pro5ects,public or private wor#s including plantations or valuable crops, except upon written consentof the government agency or private entity concerned6

c. In areas covered by valid and existing mining rights6

d. In areas expressedly prohibited by law6

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e. In areas covered by small%scale miners as defined by law unless with prior consent of thesmall%scale miners, in which case a royalty payment upon the utilization of minerals shall beagreed upon by the parties, said royalty forming a trust fund for the socioeconomicdevelopment of the community concerned6 and

f. 4ld growth or virgin forests, proclaimed watershed forest reserves, wilderness areas,

mangrove forests, mossy forests, national par#s provincial7municipal forests, par#s,greenbelts, game refuge and bird sanctuaries as defined by law and in areas expresslyprohibited under the 3ational Integrated Protected Areas System (3IPAS under Republic

 Act 3o. 89:), /epartment Administrative 4rder 3o. ;9, series of

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technical assistance agreement covering the remaining period of the original agreement sub5ect tothe approval of the Secretary.

C0APTER VIFINANCIAL OR TEC0NICAL ASSISTANCE AGREEMENT

Section $$Eli.i4ilit#

 Any !ualified person with technical and financial capability to underta#e large%scale exploration,development, and utilization of mineral resources in the Philippines may enter into a financial ortechnical assistance agreement directly with the 1overnment through the /epartment.

Section 3+En5i!on%entl P!otection

"very contractor shall underta#e an environmental protection and enhancement program coveringthe period of the mineral agreement or permit. Such environmental program shall be incorporated inthe wor# program which the contractor or permittee shall submit as an accompanying document tothe application for a mineral agreement or permit. -he wor# program shall include not only plansrelative to mining operations but also to rehabilitation, regeneration, revegetation and reforestation of mineralized areas, slope stabilization of mined%out and tailings covered areas, a!uaculture,watershed development and water conservation6 and socioeconomic development.

Section 61En5i!on%entl I%*ct A&&e&&%ent 7EIA8

"xcept during the exploration period of a mineral agreement or financial or technical assistanceagreement or an exploration permit, an environmental clearance certificate shall be re!uired basedon an environmental impact assessment and procedures under the Philippine "nvironmental Impact

 Assessment System including Sections ;) and ;8 of the @ocal 1overnment >ode of ontractors and permittees shall technically and biologically rehabilitate the excavated, mined%out,tailings covered and disturbed areas to the condition of environmental safety, as may be provided inthe implementing rules and regulations of this Act. A mine rehabilitation fund shall be created, basedon the contractor0s approved wor# program, and shall be deposited as a trust fund in a governmentdepository ban# and used for physical and social rehabilitation of areas and communities affected bymining activities and for research on the social, technical and preventive aspects of rehabilitation.

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$ailure to fulfill the above obligation shall mean immediate suspension or closure of the miningactivities of the contractor7permittee concerned.

C0APTER XIIAUXILIARY MINING RIG0TS

Section 62Ti%4e! Ri.)t&

 Any provision of law to the contrary notwithstanding, a contractor may be granted a right to cut treesor timber within his mining area as may be necessary for his mining operations sub5ect to forestrylaws, rules and regulations Provided, -hat if the land covered by the mining area is already coveredby existing timber concessions, the volume of timber needed and the manner of cutting and removalthereof shall be determined by the mines regional director, upon consultation with the contractor, thetimber concessionaire7permittee and the $orest &anagement 2ureau of the /epartment Provided,

further, -hat in case of disagreement between the contractor and the timber concessionaire, thematter shall be submitted to the Secretary whose decision shall be final. -he contractor shall performreforestation wor# within his mining area in accordance with forestry laws, rules and regulations.

Section 6$Wte! Ri.)t&

 A contractor shall have water rights for mining operations upon approval of application with theappropriate government agency in accordance with existing water laws, rules and regulationspromulgated thereunder Provided, -hat water rights already granted or vested through long use,recognized and ac#nowledged by local customs, laws, and decisions of courts shall not thereby beimpaired Provided, further, -hat the 1overnment reserves the right to regulate water rights and the

reasonable and e!uitable distribution of water supply so as to prevent the monopoly of the usethereof.

Section 69Ri.)t to Po&&e&& E*lo&i5e&

 A contractor7exploration permittee shall have the right to possess and use explosives within hiscontract7permit area as may be necessary for his mining operations upon approval of applicationwith the appropriate government agency in accordance with existing laws, rules and regulationspromulgated thereunder Provided, -hat the 1overnment reserves the right to regulate and controlthe explosive accessories to ensure safe mining operations.

Section 6:E&e%ent Ri.)t&

hen mining areas are so situated that for purposes of more convenient mining operations it isnecessary to build, construct or install on the mining areas or lands owned, occupied or leased byother persons, such infrastructure as roads, railroads, mills, waste dump sites, tailings ponds,warehouses, staging or storage areas and port facilities, tramways, runways, airports, electrictransmission, telephone or telegraph lines, dams and their normal flood and catchment areas, sitesfor water wells, ditches, canals, new river beds, pipelines, flumes, cuts, shafts, tunnels, or mills, the

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contractor, upon payment of 5ust compensation, shall be entitled to enter and occupy said miningareas or lands.

Section 63Ent!# into P!i5te Ln/& n/ Conce&&ion A!e&

Sub5ect to prior notification, holders of mining rights shall not be prevented from entry into privatelands and concession areas by surface owners, occupants, or concessionaires when conductingmining operations therein Provided, -hat any damage done to the property of the surface owner,occupant, or concessionaire as a conse!uence of such operations shall be properly compensated asmay be provided for in the implementing rules and regulations Provided, further, -hat to guaranteesuch compensation, the person authorized to conduct mining operation shall, prior thereto, post abond with the regional director based on the type of properties, the prevailing prices in and aroundthe area where the mining operations are to be conducted, with surety or sureties satisfactory to theregional director.

C0APTER XIXPENAL PROVISIONS

Section -1-Fl&e Stte%ent&

 Any person who #nowingly presents any false application, declaration, or evidence to the1overnment or publishes or causes to be published any prospectus or other information containingany false statement relating to mines, mining operations or mineral agreements, financial ortechnical assistance agreements and permits shall, upon conviction, be penalized by a fine of not

exceeding -en thousand pesos (P

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Section -19De&t!(ction o" Minin. St!(ct(!e&

 Any person who willfully destroys or damages structures in or on the mining area or on the mill sitesshall, upon conviction, be imprisoned for a period not to exceed five (9 years and shall, in addition,pay compensation for the damages which may have been caused thereby.

Section -1:Mine& A!&on

 Any person who willfully sets fire to any mineral stoc#pile, mine or wor#ings, fittings or a mine, shallbe guilty of arson and shall be punished, upon conviction, by the appropriate court in accordancewith the provisions of the Revised Penal >ode and shall, in addition, pay compensation for thedamages caused hereby.

Section -13Will"(l D%.e to Mine

 Any person who willfully damages a mine, unlawfully causes water to run into a mine, or obstructsany shaft or passage to a mine, or renders useless, damages or destroys any machine, appliance,apparatus, rope, chain, tac#le, or any other things used in a mine, shall be punished, uponconviction, by the appropriate court, by imprisonment not exceeding a period of five (9 years andshall, in addition, pay compensation for the damages caused thereby.

Section -16Ille.l O4&t!(ction to Pe!%ittee& o! Cont!cto!&

 Any person who, without 5ustifiable cause, prevents or obstructs the holder of any permit, agreementor lease from underta#ing his mining operations shall be punished, upon conviction by theappropriate court, by a fine not exceeding $ive thousand pesos (P9,***.** or imprisonment not

exceeding one (

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Section --1Ot)e! Violtion&

 Any other violation of this Act and its implementing rules and regulations shall constitute an offensepunishable with a fine not exceeding $ive thousand pesos (P9,***.**.

Section ---Fine&

-he Secretary is authorized to charge fines for late or non%submission of reports in accordance withthe implementing rules and regulations of this Act.