Draft:Philippine Mining Act of 1995
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| Philippine Mining Act of 1995 | |
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| Congress of the Philippines | |
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| 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
[edit]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
[edit]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
[edit]Permit holders in the mining sector are subject to a comprehensive array of financial obligations, including excise taxes, mine waste and tailings fees, and occupation fees. These levies are integral to the regulatory framework overseeing mining activities. To mitigate the socio-economic impacts of mining operations, a designated portion of mining revenues is allocated for community development initiatives. This ensures that local communities affected by mining operations directly benefit from the industry's financial gains.
Furthermore, a portion of the funds is earmarked for scientific research and technological advancements in the mining sector. This allocation underscores a commitment to innovation and the adoption of sustainable practices within the industry. Collectively, these measures aim to harmonize the economic interests of mining stakeholders with the social and environmental priorities of impacted communities, fostering a more balanced and responsible approach to resource extraction.
Indigenous cultural communities
[edit]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.
References
[edit]- ^ "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.