Major Types Of Mining Rights Granted Under The Philippine Mining Act
Table 3 - Types Of Mining Rights Granted Under The Mining Act of the Philippines
|
TYPE OF MINING RIGHT |
MAXIMUM AREA (hectares) |
TERM |
QUALIFIED PERSON |
|
Exploration Permit |
32,000 onshore 81,000 offshore |
2 years; renewable to a maximum of 8 years |
Individuals or Filipino or foreign corporations |
|
Mineral Production Sharing Agreement |
16,200 onshore 40,500 offshore |
25 years; renewable for like period |
Individuals or Filipino corporations |
|
Financial or Technical Assistance Agreement |
81,000 onshore 324,000 offshore |
25 years; renewable for like period |
Filipino or foreign corporations |
One of the major features of the Mining Act is the annual mandatory relinquishment of areas granted to the contractor. After the exploration stage, the Philippine Government only allows a final mining area of only 5,000 hectares for metals and 1,000 hectares for non-metals. One of the major features of the Mining Act is the annual mandatory relinquishment of areas granted to the contractor. After the exploration stage, the Philippine Government only allows a final mining area of only 5,000 hectares for metals and 1,000 hectares for non-metals.
3. Environmental Responsibilities under the Act and its revised IRR.
Table 4 - Environmental Provisions Of The Mining Act
| Environmental Work Program | At least 10% of the estimated exploration cost. |
| Initial expenditures for environmental infrastructures | At least 10% of the estimated project development cost. |
| Mine Rehabilitation Fund
(i) Rehabilitation Cash Fund |
3% to 5% of annual direct mining and milling costs or PhP5 million, whichever is lower; utilized to implement the progressive rehabilitation measures defined in the Environmental Protection and Enhancement Program.
Replenishable amount of PhP50,000; utilized by the Multi-partite Monitoring Team with LGU, NGO, IP, company & govt representative as members.
|
| Environmental Trust Fund | Replenishable amount of at least PhP50,000; utilized for compensation for damages outside of those caused by mine waste and tailings. |
| Mine Waste and Tailings Reserve Fund
Polluter Pays Principle
|
Amount collected for every ton of mine waste and tailings equivalent to PhP0.05 and PhP0.10, respectively; utilized for compensation for damages as a result of mine waste and mill tailings.
P50/MT of materials disposed in unauthorized areas. |
| Final Mine Rehabilitation/ Decommissioning Plan (FMRDP) | Cost variable but must include an environmental plan and a social plan plus the cost of a ten year |






