Small Scale Mining Law - R.A. 7076

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REPUBLIC ACT NO. 7076

 AN ACT CREATING A PEOPLE'S SMALL-SCALE MINING

PROGRAM AND FOR OTHER PURPOSES.

Sec.  4. People's Small-scale Mining Program. — For the purpose of

carrying out the declared policy provided in Section 2 hereof,

there is hereby established a People's Small-scale Mining Program

to be implemented by the Secretary of the Department of

Environment and Natural Resources, hereinafter called the

Department, in coordination with other concerned government

agencies, designed to achieve an orderly, systematic and

rational scheme for the small-scale development and utilization

of mineral resources in certain mineral areas in order to

address the social, economic, technical, and environmental

connected with small-scale mining activities.

The People's Small-scale Mining Program shall include the

following features:

(a)    The identification, segregation and reservation of certain

(b)     mineral lands as people's small-scale mining areas;

(b) The recognition of prior existing rights and productivity;

(c) The encouragement of the formation of cooperatives;

(d) The extension of technical and financial assistance, and other social services;

(e) The extension of assistance in processing and marketing;

(f) The generation of ancillary livelihood activities;chan robles virtual law library

(g) The regulation of the small-scale mining industry

with the view to encourage growth and productivity; and

(h) The efficient collection of government revenue.

Sec.  5. Declaration of People's Small-scale Mining Areas. —

The Board is hereby authorized to declare and set aside

people's small-scale mining areas in sites onshore

suitable for small-scale mining, subject to review by

the Secretary, immediately giving priority to areas

already occupied and actively mined by small-scale

miners before August 1, 1987: Provided, That such

areas are not considered as active mining areas:

Provided, further, That the minerals found therein

are technically and commercially suitable for small-scale

mining activities: Provided, finally, That the areas

are not covered by existing forest rights or reservations

and have not been declared as tourist or marine reserved,

parks and wildlife reservations, unless their status

as such is withdrawn by competent authority. 

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Sec.  6. Future People's Small-scale Mining Areas. —

The following lands, when suitable for small-scale mining,

may be declared by the Board as people's small scale mining areas:

(a) Public lands not subject to any existing right;

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(c)    Public lands covered by existing mining rights which

(d)     are not active mining areas; and 

(c) Private lands, subject to certain rights and conditions,

except those with substantial improvements or in bona fide

and regular use as a yard, stockyard, garden, plant nursery,

plantation, cemetery or burial site, or land situated within

one hundred meters (100 m.) from such cemetery or

burial site, water reservoir or a separate parcel of land

with an area of ten thousand square meters (10,000 sq. m.) or less.

Sec.  7. Ancestral Lands. — No ancestral land may be

declared as a people's small-scale mining area

without the prior consent of the cultural communities

concerned: Provided, That, if ancestral lands are declared

as people's small-scale mining areas, the members of the

cultural communities therein shall be given priority

in the awarding of small-scale mining contracts. 

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Sec.  8. Registration of Small-scale Miners. —

All persons undertaking small-scale mining

activities shall register as miners with the

Board and may organize themselves into

cooperatives in order to qualify for the awarding

of a people's small-scale mining contract.

Sec.  9. Award of People's Small-scale Mining Contracts. —

A people's small-scale mining contract may be awarded

by the Board to small-scale miners who have

voluntarily organized and have duly registered with

the appropriate government agency as an individual

miner or cooperative; Provided, That only one (1)

people's small-scale mining contract may be awarded

at any one time to a small-scale mining operations

within one (1) year from the date of award: Provided,

further, That priority shall be given or city where the small-scale

mining area is located.

Applications for a contract shall be subject to a reasonable

fee to be paid to the Department of Environment and Natural

Resources regional office having jurisdiction over the area.chan robles virtual law library

Sec.  10. Extent of Contract Area. — The Board shall determine

the reasonable size and shape of the contract area following

the meridional block system established under Presidential

Decree No. 463, as amended, otherwise known as the

Mineral Resources Development Decree of 1974, but

in no case shall the area exceed twenty hectares (20 has.)

per contractor and the depth or length of the tunnel or

adit not exceeding that recommended by the director

taking into account the following circumstances:

(a) Size of membership and capitalization of the cooperative;

(b) Size of mineralized area;

(c) Quantity of mineral deposits;

(d) Safety of miners;chan robles virtual law library

(e) Environmental impact and other considerations; and

(f) Other related circumstances.