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(b) Subject to the approval of the Board, free access to the contract
area to conduct metallurgical tests, explorations and other activities,
provided such activities do not unduly interfere with the operations of
the small-scale miners; and
(c) Royalty equivalent to one and one half percent (1 1/2%) of the gross
value of the metallic mineral output or one percent (1%) of the gross
value of the nonmetallic mineral output to be paid to the claimowner:
provided, that such rights and privileges shall be available only if he is
not delinquent and other performance of his annual work obligations
and other requirements for the last two (2) years prior to the effectivity of
this Act.
Section 15. Rights of Private Landowners. The private landowner or
lawful possessor shall be notified of any plan or petition to declare his land as
a people's small-scale mining area. Said landowner may oppose such plan or
petition in an appropriate proceeding and hearing conducted before the Board.
Section 17. Sale of Gold. All gold produced by small-scale miners in any
mineral area shall be sold to the Central Bank, or its duly authorized
representatives, which shall buy it at prices competitive with those prevailing
in the world market regardless of volume or weight.
The Central Bank shall establish as many buying stations in gold-rush areas
to fully service the requirements of the small-scale minerals thereat.
Section 27. Penal Sanctions. Violations of the provisions of this Act or of
the rules and regulations issued pursuant hereto shall be penalized with
imprisonment of not less than six (6) months nor more than six (6) years and
shall include the confiscation and seizure of equipment, tools and instruments.
March 3, 1995
EXPLORATION PERMIT
Section 20
Exploration Permit
An exploration permit grants the right to conduct exploration for all minerals in
specified areas. The Bureau shall have the authority to grant an exploration
Permit to a qualified person.
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.
Section 22
Maximum Areas for Exploration Permit
The maximum area that a qualified person may hold at any one time shall be:
a. Onshore, in any one province
1. for individuals, twenty (20) blocks: and
2. for partnerships, corporations, cooperatives, or associations,
two hundred (200) blocks.
b. Onshore, in the entire Philippines
1. for individuals, forty (40) blocks; and
2. for partnerships, corporations, cooperatives, or associations,
four hundred (400) blocks.
c. Offshore, beyond five hundred meters (500m) from the mean low tide
level:
1. for individuals, one hundred (100) blocks; and
2. for partnerships, corporations, cooperatives, or associations,
one thousand (1,000) blocks.
CHAPTER XIX
PENAL PROVISIONS
Section 101
False Statements
Any person who knowingly presents any false application, declaration, or
evidence to the Government or publishes or causes to be published any
prospectus or other information containing any false statement relating to
mines, mining operations or mineral agreements, financial or technical
assistance agreements and permits shall, upon conviction, be penalized by a
fine of not exceeding Ten thousand pesos (P10,000.00).
Illegal Exploration
Theft of Minerals
Destruction of Mining Structures
Willful Damage to a Mine
Any person who willfully damages a mine, unlawfully causes water to run into
a mine, or obstructs any shaft or passage to a mine, or renders useless,
damages or destroys any machine, appliance, apparatus, rope, chain, tackle,
or any other things used in a mine,
Illegal Obstruction to Permittees or Contractors
Any person who, without justifiable cause, prevents or obstructs the holder of
any permit, agreement or lease from undertaking his mining operations shall
be punished
Violation of the Terms and Conditions of the Environmental Compliance
Certificate
Any person who willfully violates or grossly neglects to abide by the terms and
conditions of the environmental compliance certificate issued to said person
and which causes environmental damage through pollution
Illegal Obstruction to Government Officials
Any person who illegally prevents or obstructs the Secretary, the Director or
any of their representatives in the performance of their duties under the
provisions of this Act and of the regulations promulgated hereunde