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Granted when mining areas are so situated that it is necessary to build, construct or install on the mining areas or lands owned, occupied or leased by other persons such infrastructure (as roads, railroads, mills, waste dump sites, tailings ponds, warehouses, staging or storage areas and port facilities, tramways, runways, airports, electric transmission, telephone or telegraph lines, dams and their normal flood and catchment areas, sites for water wells, ditches, canals, new river beds, pipelines, flumes, cuts, shafts, tunnels, or mills).
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The contractor, upon payment of just compensation, shall be entitled to enter and occupy said mining areas or lands.
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Holders of mining rights shall not be prevented from entry into private lands and concession areas by surface owners, occupants, or concessionaires when conducting mining operations therein.
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This is subject to the condition that there was prior notification and that such owner, occupant, or concessionaire as a consequence of and damage due to such operations shall be properly compensated which is guaranteed by posting a bond with the regional director based on the type of properties, the prevailing prices in and around the area where the mining operations are to be conducted, with surety or sureties satisfactory to the regional director.
Easement Rights
Entry into Private Lands and Concession Areas
8
What are the plans and programs required from mining operators? •
Mining considered as environmentally critical projects under P.P. No. 2146, therefore mining operators must undergo an Environmental Impact Assessment (EIA).
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The system aims to ensure a rational balance between socio-economic development and environmental protection for the benefit of present and future generations.
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This process involves evaluating and predicting the likely impacts of a project (including cumulative impacts) on the environment during construction, commissioning, operation and abandonment. It also includes designing appropriate preventive, mitigating and enhancement measures addressed to protect the environment and the community’s welfare.
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The issuance of the Environmental Compliance Certificate (ECC) is based on this EIA.
44 Primer on Local Environmental Governance: Abridged Handbook