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c. Informed - information is provided that a. Exploration, development, exploitation,
covers a range of aspects (purpose, utilization of land, energy, mineral, forest,
nature, size, pace, reversibility and water, marine, air, and other natural resources
requiring permits, licenses, lease, contracts,
scope of any proposed project or concession, or agreements e.g
activity) production-sharing agreement, from the
appropriate national or local government
agencies, including feasibility studies related
When is FPIC needed? thereto;
1. Any project or development program b. Those that may lead to the displacement
can be implemented or introduced in and/or relocation of ICCs/IPs;
the ancestral domain
NATURAL RESOURCES LAW AND ENVIRONMENTAL LAW
2D MIDTERM EXAMINATION COVERAGE
Atty. Mislang
Areas CLOSED to mining applications:
c. Resettlement programs or projects by the
government or any of its instrumentalities that
may introduce migrants; 1. Areas covered by valid and existing
mining rights and applications;
d. Declaration and management of 2. Old growth or virgin forests, mossy forests,
protected and environmentally critical areas,
and other related undertakings; national parks, provincial/municipal
forests, tree parks, greenbelts, game
e. Bio-prospecting and related activities; refuge, bird sanctuaries and areas
f. Activities that would affect their spiritual and
proclaimed as marine reserve/marine
religious traditions, customs and ceremonies, parks and sanctuaries and areas
including ceremonial objects, archeological proclaimed as marine reserve/marine
exploration, diggings and excavations and
access to religious and cultural sites:
parks and tourist zones as defined by law
and identified initial components of the
g. Industrial land use including the NIPAS, and such areas as expressly
establishment of economic zones;
prohibited thereunder, as well as under
h. Large scale agricultural and forestry DENR Administrative Order No. 25, s.
management projects; 1992, and other laws;
3. Areas which the Secretary may exclude
i. Carbon trading and related activities;
based, inter alia, or proper assessment of
j. Large scale tourism projects; their environmental impacts and
implications on sustainable land uses,
k. Establishment of temporary or permanent
military facilities; conduct of military exercises, such as built-up areas and critical
or organizing para-military forces; watershed with appropriate
barangay/municipal/provincial
l. Issuance of land tenure instrument or
resource use instrument by any government
Sanggunian ordinances specifying
agency and related activities; and therein the location and specific
boundaries of the concerned area; and
m. Others analogous to the foregoing, except 4. Areas expressly prohibited by law.
small-scale quarrying.
Section 24. Non-Extractive/Small Scale Activities.. The The following areas may be opened for mining
following plans, projects, programs, and activities are operations, the approval of which are subject to
considered non-extractive/small scale.
the following conditions (need consent)
1. Activities not covered in Section 19 hereof;
1. Military and other government
2. Feasibility studies not embraced in the preceding
Sections; reservations, upon prior written consent
by the government agency having
3. Non-extractive exploitation and utilization of land, jurisdiction over such areas;
water and natural resources as defined under existing
laws, rules and regulations of governing or regulating
2. Areas near or under public or private
agencies, e.g. ISF, CBFM, IFMA etc.; buildings, cemeteries, and
archaeological and historic sites,
4. Programs/projects/activities not requiring permits bridges, highways, waterways, railroads,
from government agencies; 5. Other Small scale
quarrying; and 6. Such other activities analogous to the reservoirs, dams and other infrastructure
foregoing. projects, public or private works,
including plantations or valuable crops,
IX. Mining Act - Closed Areas, Areas that upon written consent of the concerned
Need Consent, FPIC requirement government agency or private entity,
subject to technical evaluation and
Republic Act No. 7942 validation by the Mines and
Mining Act of 1995 Geosciences Bureau (MGB);
NATURAL RESOURCES LAW AND ENVIRONMENTAL LAW
2D MIDTERM EXAMINATION COVERAGE
Atty. Mislang
3. Areas covered by Financial and • Representation in the Multi-partite Monitoring
Technical Assistance Agreements (FTAA) Committee;
applications, which shall be opened, for
quarry resources upon written consent of X. Small Scale Mining Act - Secs. 6 and 15
the FTAA applicants/contractors.
Section 6. Future People's Small-scale Mining Areas. –
However, mining applications for sand
The following lands, when suitable for small-scale
and gravel shall require no such consent;
mining, may be declared by the Board as people's
4. DENR Project areas upon prior consent small scale mining areas:
from the concerned agency. (a) Public lands not subject to any existing right;
(b) Public lands covered by existing mining rights which
are not active mining areas; and
FPIC Requirement
(c) Private lands, subject to certain rights and
conditions, except those with substantial improvements
Section 16. Opening of Ancestral Lands for Mining or in bona fide and regular use as a yard, stockyard,
Operations. - No ancestral land shall be opened for garden, plant nursery, plantation, cemetery or burial
mining operations without the prior consent of the site, or land situated within one hundred meters (100
indigenous cultural community concerned. m.) from such cemetery or burial site, water reservoir or
a separate parcel of land with an area of ten thousand
Section 17. Royalty Payments for Indigenous Cultural square meters (10,000 sq. m.) or less.
Communities. - In the event of an agreement with an
indigenous cultural community pursuant to the Section 15. Rights of Private Landowners. – The private
preceding section, the royalty payment, upon landowner or lawful possessor shall be notified of any
utilization of the minerals shall be agreed upon by the plan or petition to declare his land as a people's
parties. The said royalty shall form part of a trust fund for small-scale mining area. Said landowner may oppose
the socioeconomic well-being of the indigenous such plan or petition in an appropriate proceeding and
cultural community. hearing conducted before the Board.
If a private land is declared as a people's small-scale
mining area, the owner and the small-scale mining
The Mining Act fully recognizes the rights of the contractors are encouraged to enter into a voluntary
Indigenous Peoples (IPs)/Indigenous Cultural and acceptable contractual agreement for the
Communities (ICCs) and respect their ancestral lands. small-scale utilization of the mineral values from the
private land: provided, that the owner shall in all cases
Thus, in accordance with DENR be entitled to the payment of actual damages which
Administrative Order No. 2, and consistent with the new he may suffer as a result of such declaration: provided,
Indigenous Peoples Rights Act (IPRA), the following shall further, that royalties paid to the owner shall in no case
be observed: exceed one percent (1%) of the gross value of the
minerals recovered as royalty.
• No mineral agreements, FTAA and mining permits
shall be granted in ancestral lands/domains except
with prior informed consent in: a) CADC/CLC areas;
and b) areas verified by the DENR Regional Office
and/or appropriate offices as actually occupied by
Indigenous Cultural Communities under a claim of time
immemorial possession;
• Where written consent is granted by the ICCs, a
royalty payment shall be negotiated which shall not be
less than 1% of the Gross Output of the mining
operations in the area. This Royalty shall form part of a
Trust Fund for socioeconomic well being of the ICCs in
accordance with the management plan formulated by
the ICCs in the CADC/CALC area. (In a large-scale
mining operation the 1-% Royalty could easily run into
several tens of million pesos per year).