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The Philippine Mining Act Of 1995 And Its Revised Implementing Rules

The Philippine Mining Act Of 1995 And Its Revised Implementing Rules


4. Social Responsibilities Under The Philippines Mining Act.

Table 5 - Social Development Provisions Of The Mining Act of the Philippines

Community Assistance

Variable; during exploration

Just Compensation to Landowners

Variable; depending on status of land

Social Development and Management Program

At least 90% of 1% of annual direct mining and milling costs; for the implementation of sustainable community development projects/programs for the host and neighboring communities.

Royalty to Indigenous Peoples

At least 1% of gross revenue if ancestral land is developed for mining

Social plan for the Final Mine Rehabilitation /Decommissioning Plan

Variable; meant to minimize the mine’s economic impact to the host and neighboring communities and to mine employees and their dependents.

 

 

5. Role of Local Governments

Local governments are both beneficiaries and active participants in mineral resources management in accordance with the Constitution and local autonomy and empowerment. They have a share of forty percent (40%) from the gross collection of the national government from mining taxes, royalties and other fees. In the case of occupation fees, the province gets 30% and host Municipalities get 70%.

In accordance with the People’s Small Scale Mining Law, local governments are responsible for the issuance of permits for small scale mining and quarrying operations through the Provincial/City Mining Regulatory Board. In the issuance of Environmental Compliance Certificate, local governments actively participate in the process by which the communities reach an informed decision on the social acceptability of a project. They also participate in the monitoring of mining activities as member of the Multi-partite Monitoring Team and the Mine Rehabilitation Fund Committee. They can also act as mediator between the indigenous cultural communities and the mining contractor if the need arises.

Local government are also recipients of social infrastructures and community development projects for the utilization and benefit of the host and neighboring communities. In the implementation of the Mining Act and its implementing rules and regulations, local governments coordinate and extend assistance the DENR and the MGB.