Creating a Peoples SmallScale Mining Program

RA 7076, 1991

Mining is a naturally extractive industry. It must be done very carefully Be careful of what you take out of the Earth especially those that you cannot put back in

State Policy

Promote, develop, protect and rationalize viable small scale mining activities in order to generate more employment opportunities and provide an equitable sharing of the nations wealth and natural resources, giving due regard to existing rights

Definitions
Mineralized areas refer to areas with naturally occuring mineral deposits of gold, silver, chromite, kaolin, silica, marble, gravel, clay and like mineral resources Small-scale mining refers to mining activities which rely heavily on manual labor using simple implements and methods and do not use explosives or heavy mining equipment

Small-scale miners refers to Filipino citizens who individually or in the company of other Filipino citizens, voluntarily form a cooperative licensed by DENR to engage, under the terms of conditions of the contract, in the extraction or removal of minerals or ore-bearing materials from the ground

Lands that may be declared suitable for small scale mining

Public land not subjected to any existing right Public land covered by existing mining rights which are not active mining areas Private lands, subject to certain rights and conditions, etc (Sec 6)

No ancestral lands maybe declared as a peoples small scale mining area without the consent of the cultural communities concerned. If so declared, members of the cultural communities therein shall be given priority in the awarding of small-scale mining contracts (Sec 7)

Registration Requirement

All persons undertaking a small scale mining activities shall register as miners with the Board/DENR and may organize themselves into cooperative in order to qualify for the awarding of peoples small scale mining contract (Sec 8)

Award of Contracts (Sec 9)

Awarded to small-scale miners who have voluntarily organized and have duly registered with appropriate government agency as an individual miner or cooperative. Provided only one contract maybe awarded at any one time to a small-scale mining contractor who shall start operation within 1 year from the date of award and priority shall be given to miners residing in the province or city where area is located

Mining area= not to exceed 20 hectares per contractor depending on the circumstances at hand (sec 10) Small-scale mining contract cannot be sub-contracted (sec 12) Term of contract = 2 years, renewable (Sec 13) Duties and obligations of contract holder (sec 13)

Rights of Claimowners (sec 14)

Claimowners and small-scale miners are encouraged to enter into a voluntary and acceptable agreement. In case of disagreement, this section provides for rights and privileges of claimowners including royalties

Rights of Private Landowners (Sec 15)

Notice to petition to declare the land as mining area and to oppose such petition If approved, voluntary agreement between miners and landowners is encouraged Among others, owners are entitled to royalties

Sale of gold- to Central Bank of the Philippines or any of its representative (Sec 17) Rescission of contracts and administrative fine against a contractor (Sec 21) Penalty for violations of the law and its rules and regulations-6 months to 6 years of imprisonment plus confiscation and seizure of equipment, tools and instruments (Sec 27)