What are the key regulations governing ownership of mineral rights in the Philippines? The following are the primary laws that regulate the ownership of mineral rights in the Philippines: • The 1987 Constitution, which provides that the exploration, development and utilisation of natural resources is reserved to Filipinos, whether natural persons or juridical persons; • Republic Act 7942 (otherwise known as the ‘Mining Act’) as implemented by DENR Administrative Order 2010-21; • RA 8371 Indigenous People’s Rights Act, which protects the rights of indigenous cultural communities and indigenous peoples (ICCs/IPs) and entitles them to share the benefits from the exploration and exploitation of the mineral resources that are found in their ancestral domain; • RA 7076, or the People’s Small-Scale Mining Act of 1991, which regulates small scale mining done for subsistence purposes; and • PD1899, which regulates small-scale mining done for commercial purposes. More broadly, what are the significant laws surrounding health and safety in mining operations and who is allowed to work a mineral deposit? In addition to the requirements under the Labor Code, the Mining Act also states that all contractors and entities are to strictly comply with safety rules promulgated by the Secretary. This includes DENR Administrative Order No. 2000-98, which provides for the safety and health standards in mining operations. The Mining Act also provides the minimum age of persons who are to be employed in any phase of a mining operation. The Bureau of Working Conditions (BWC) also issues occupational safety and health standards which must be complied with by all employers in the country. Under these standards, the mining industry falls under the definition of a ‘hazardous workplace’ and must comply with these additional requirements: - One full-time safety officer has to be appointed to the site for every one Mining Law and Rights in the Philippines Mining ventures in the Philippines receive a good degree of regulatory scrutiny, with mining companies obligated to comply with environmental safeguards while also respecting ownership rights and the liberties of indigenous peoples. OCBOCC’s Victor Angelo L Galura takes a close look at mining law in the Philippines, its development over the years and the greatest concerns facing mining companies in the nation. Expert Insight EXPERT INSIGHT 61
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