Imposing A Fee On Operating Mining Companies To Be Known As "Mine Wastes And Tailings Fee" To Compensate For Damages To Private Landowners And For Other Purposes
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Imposing A Fee On Operating Mining Companies To Be Known As "Mine Wastes And Tailings Fee" To Compensate For Damages To Private Landowners And For Other Purposes
Presidential Decree No. 1251
November 28, 1977
Case Overview and Summary
Summary of Presidential Decree No. 1251Imposition of Mine Wastes and Tailings Fee (Section 1):
- A semi-annual fee called "Mine Wastes and Tailings Fee" is imposed on all operating mining companies.
- The amount of the fee will be determined by the Secretary of National Resources, upon the recommendation of the Director of Mines.
Purpose of the Fee (Section 2):
- The fee will accrue to a reserve fund to be used exclusively for:
- Payment of damages on lands, agricultural crops, forest products, marine life, aquatic resources, and infrastructure caused by pollution due to mining operations.
- Revegetation and rehabilitation of silted farm lands and other areas devoted to agriculture and fishing.
Evaluation Committee (Section 3):
- A committee is created to evaluate the amount of damages mentioned in Section 2.
- The committee consists of:
1. Commissioner, National Pollution Control Commission (Chairman)
2. Director, Bureau of Mines (Vice Chairman)
3. Administrator, National Irrigation Administration (Member)
4. Director, Bureau of Lands (Member)
5. Director, Bureau of Plants Industry (Member)
6. Director, Bureau of Fisheries and Aquatic Resources (Member)
7. Executive Director, National Environmental Protection Council (Member)
8. Director, Bureau of Forest Development (Member)
Implementation Rules and Regulations (Section 4):
- The Secretary of Natural Resources, upon the recommendation of the Director of Mines, shall promulgate rules and regulations to implement the provisions of this Decree.
Separability Clause (Section 5):
- If any section or provision of this Decree is held or declared unconstitutional or invalid by a competent court, the other sections or provisions shall continue to be in force.
Repealing Clause (Section 6):
- All laws, executive orders, decrees, rules and regulations, or parts thereof, contrary to or inconsistent with the provisions of this Decree, are hereby repealed and amended or modified accordingly.
Effectivity (Section 7):
- This Decree shall take effect immediately upon promulgation.
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Imposing A Fee On Operating Mining Companies To Be Known As "Mine Wastes And Tailings Fee" To Compensate For Damages To Private Landowners And For Other Purposes
Presidential Decree No. 1251
•November 28, 1977
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 1251
IMPOSING A FEE ON OPERATING MINING COMPANIES TO BE KNOWN AS "MINE WASTES AND TAILINGS FEE" TO COMPENSATE FOR DAMAGES TO PRIVATE LANDOWNERS AND FOR OTHER PURPOSES
WHEREAS, in order to abate pollution and maintain a healthy environment, Presidential Decree Nos. 463, 984, 1151, 1152 and 1198 were promulgated, and regulations, policies and guidelines therefor approved;
WHEREAS, while pollution has to some extent been considerably reduced in view of the implementation of said decrees, regulations, policies and guidelines, the damages caused by pollution on lands, agricultural crops and forest products, marine life and aquatic resources, and the destruction inflicted on infrastructures still remain to be compensated.
WHEREAS, there is a need to revegetate and rehabilitate silted farm lands and other areas devoted to agriculture, aquaculture and fishing and to reconstruct infrastructure by placing the same to its original condition as of before such mining operations/activities; and
WHEREAS, it is imperative to generate funds by imposing a fee on operating mining companies for the purposes mentioned...
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