Philippine environmental law

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Section 28 Maximum Areas for Mineral Agreement The maximum area that a qualified person may hold at any time under a mineral agreement shall be:chanroblesvirtuallawlibrary a.

A financial guarantee bond shall be posted in favor of the Government in an amount equivalent to the expenditure obligation of the applicant for any year; c. Section 47 Industrial Sand and Gravel Permit Any qualified person may be granted an industrial sand and gravel permit by the Bureau for the extraction of sand and gravel and other loose or unconsolidated materials that necessitate the use of mechanical processing covering an area of more than five hectares 5 has.

Different.environmental laws in philippines

A mineral agreement or a financial technical assistance agreement contractor shall, however, have the right to extract and remove sand and gravel and other loose unconsolidated materials without need of a permit within the area covered by the mining agreement for the exclusive use in the mining operations: Provided, That monthly reports of the quantity of materials extracted therefrom shall be submitted to the mines regional office concerned: Provided, further, That said right shall be coterminous with the expiration of the agreement. The Secretary may accept the withdrawal: Provided, That the contractor has complied or satisfied all his financial, fiscal or legal obligations. Section 36 Negotiations A financial or technical assistance agreement shall be negotiated by the Department and executed and approved by the President. Section 35 Terms and Conditions The following terms, conditions, and warranties shall be incorporated in the financial or technical assistance agreement, to wit:chanroblesvirtuallawlibrary a. Term of Financial or Technical Assistance Agreement A financial or technical assistance agreement shall have a term not exceeding twenty-five 25 years to start from the execution thereof, renewable for not more than twenty-five 25 years under such terms and conditions as may be provided by law. In military and other government reservations, except upon prior written clearance by the government agency concerned; b. The approval of the mining project feasibility and compliance with other requirements provided in this Act shall entitle the holder to an exclusive right to a mineral production sharing agreement or other mineral agreements or financial or technical assistance agreement. Section 23 Rights and Obligations of the Permittee An exploration permit shall grant to the permittee, his heirs or successors-in-interest, the right to enter, occupy and explore the area: Provided, That if private or other parties are affected, the permittee shall first discuss with the said parties the extent, necessity, and manner of his entry, occupation and exploration and in case of disagreement, a panel of arbitrators shall resolve the conflict or disagreement. Requiring the proponent to dispose of the minerals and byproducts produced under a financial or technical assistance agreement at the highest price and more advantageous terms and conditions as provided for under the rules and regulations of this Act; n. Section 32 Terms Mineral agreements shall have a term not exceeding twenty-five 25 years to start from the date of execution thereof, and renewable for another term not exceeding twenty-five 25 years under the same terms and conditions thereof, without prejudice to changes mutually agreed upon by the parties.

Section 36 Negotiations A financial or technical assistance agreement shall be negotiated by the Department and executed and approved by the President.

The proposed mineral agreement will be approved by the Secretary and copies thereof shall be submitted to the President.

philippine environmental laws pdf

The DENR's mission is to be the dynamic force behind people's initiatives in the protection, conservation, development and management of the environment through strategic alliances and partnerships, participate processes, relevant policies and programs and appropriate information technology towards sustainable development.

Presidential Decree or The Philippine Environment Code Prescribes management guidelines aimed to protect and improve the quality of Philippine water resources through improvement of the quality of the Philippine water resource.

Philippine environmental laws denr

Representations and warranties that the applicant has all the qualifications and none of the disqualifications for entering into the agreement; e. Section 21 Terms and Conditions of the Exploration Permit An exploration permit shall be for a period of two 2 years, subject to annual review and relinquishment or renewal upon the recommendation of the Director. The Bureau shall have the authority to grant an exploration Permit to a qualified person. EO No. After the renewal period, the operation of the mine may be undertaken by the Government or through a contractor. Maximum Areas for Exploration Permit The maximum area that a qualified person may hold at any one time shall be:chanroblesvirtuallawlibrary a. Such other terms and conditions consistent with the Constitution and with this Act as the Secretary may deem to be for the best interest of the State and the welfare of the Filipino people. Offshore, in the entire Philippines 1.

Section 46 Commercial Sand and Gravel Permit Any qualified person may be granted a permit by the provincial governor to extract and remove sand and gravel or other loose or unconsolidated materials which are used in their natural state, without undergoing processing from an area of not more than five hectares 5 has.

Areas Closed to Mining Applications Mineral agreement or financial or technical assistance agreement applications shall not be allowed:chanroblesvirtuallawlibrary a.

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Requiring the proponent to effectively use appropriate anti-pollution technology and facilities to protect the environment and to restore or rehabilitate mined out areas and other areas affected by mine tailings and other forms of pollution or destruction; l.

In areas covered by valid and existing mining rights; d.

Major environmental laws in the philippines

No quarry permit shall be issued or granted on any area covered by a mineral agreement or financial or technical assistance agreement. Preferential use of local goods and services to the maximum extent practicable; j. Section 37 Filing and Evaluation of Financial or Technical Assistance Agreement Proposals All financial or technical assistance agreement proposals shall be filed with the Bureau after payment of the required processing fees. The permittee shall also pay the excise tax as provided by pertinent laws. Based on the above mandate, the DENR envisions to pass on to Filipinos a renewed hope in people's ability to chart a new direction for development and a legacy of a self-sustaining environment, mindful of people's rights to a life of dignity. Aside from earnings in equity, the Government shall be entitled to a share in the gross output. The Bureau shall have the authority to grant an exploration Permit to a qualified person. Section 18 Areas Open to Mining Operations Subject to any existing rights or reservations and prior agreements of all parties, all mineral resources in public or private lands, including timber or forestlands as defined in existing laws, shall be open to mineral agreements or financial or technical assistance agreement applications. Withdrawal from Financial or Technical Assistance Agreement The contractor shall manifest in writing to the Secretary his intention to withdraw from the agreement, if in his judgment the mining project is no longer economically feasible, even after he has exerted reasonable diligence to remedy the cause or the situation. Section 31 Withdrawal from Mineral Agreements The contractor may, by giving due notice at any time during the term of the agreement, apply for the cancellation of the mineral agreement due to causes which, in the opinion of the contractor, make continued mining operations no longer feasible or viable. Such other terms and conditions consistent with the Constitution and with this Act as the Secretary may deem to be for the best interest of the State and the welfare of the Filipino people. In areas covered by valid and existing mining rights; d.

After the renewal period, the operation of the mine may be undertaken by the Government or through a contractor. Holders of existing mining leases shall likewise have the same rights as that of a contractor: Provided, That said right shall be coterminous with the expiry dates of the lease.

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PHILIPPINE ENVIRONMENT LAWS