creating a people_s small-scale mining program
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Creating a Peoples Small-
Scale Mining ProgramRA 7076, 1991
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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
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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
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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
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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
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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)
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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)
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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
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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)
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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
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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
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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)