A Briefer on the People's Small-scale Mining Act of 1991

As we delve into the heart of the GoldX chronicles, it becomes imperative to demystify the legislative framework that governs small-scale mining in our nation. Republic Act No. 7076, better known as the "People's Small-scale Mining Act of 1991," has been the cornerstone of this industry for over three decades. However, as we uncover its intricacies, it's evident that we understand that the law is not without its imperfections.

Declaration of Policy

Enacted on June 27, 1991, the law's noble purpose is to promote, develop, protect, and rationalize viable small-scale mining activities. The overarching goals are clear—generate employment, ensure equitable wealth distribution, and respect existing rights.

The People's Small-scale Mining Program

Central to the act is the People's Small-scale Mining Program, addressing social, economic, technical, and environmental challenges. It encompasses the identification of mining areas, recognition of existing rights, encouragement of cooperatives, and the extension of assistance for industry growth.

Protection and Fines

To ensure adherence, the law imposes fines and penalties for noncompliance, abandonment, or violation of regulations. Safety, health, and environmental considerations are paramount, reinforcing responsible mining practices.

Revenue Sharing and Protection Fund

Government revenue generated from small-scale mining is subject to sharing as per the Local Government Code. Moreover, a People's Small-scale Mining Protection Fund, comprising 15% of the government's share, is established to support training, safety measures, and emergency needs of small-scale miners.

Provincial/City Mining Regulatory Board

A crucial player in the implementation is the Provincial/City Mining Regulatory Board, tasked with declaring mining areas, settling disputes, and formulating rules. Its composition includes representatives from the government, small-scale and big-scale mining sectors, and an environmental organization.

Securing a Small-Scale Mining Contract

To secure a contract, small-scale miners must organize themselves into cooperatives and register with the Board. The awarding of contracts is a meticulous and often, a cost-prohibitive process, considering factors such as the size of membership, the extent of mineralized areas, safety measures, and environmental impact. With each contract, small-scale miners gain not just the right to mine but also the responsibility to adhere to approved mining plans, safety regulations, and environmental protection measures. Furthermore, the Act encourages collaboration between small-scale miners, claim owners, large-scale mining companies and private landowners, promoting voluntary agreements that ensure the fair utilization of mineral values. 

Selling of gold to Bangko Sentral ng Pilipinas (BSP)

Within the law, a pivotal clause mandating that all gold produced by small-scale miners must be sold to Bangko Sentral ng Pilipinas (BSP).

Empowering the Voices of our Small-scale Miners

With the thirty-two-year implementation of the People's Small-scale Mining Act, it is essential to recognize that laws are not static. The law needs to evolve with the needs and voices of the people they govern. Our small-scale miners, the backbone of this industry, need a more pronounced voice in shaping the legal landscape that guides their work.

As I conclude this briefer of RA 7076, I hope you will stay on road with my forthcoming blog posts. In the upcoming discussions, I will not approach them from a legal standpoint, but rather, I will amplify the genuine sentiments of our small-scale miners. I am not a lawyer so I will not attempt to dissect legal intricacies. But as a science communicator, I hope to serve as a conduit for the voices within the National Coalition of Small-Scale Miners. Together, let's embark on a collective journey of advocacy and passionately champion for amendments that will truly empower the backbone of our mining community – our small-scale miners.

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