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Proposed Revised Mining Engineering Law |
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Substitute Bill
Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
THIRTEENTH CONGRESS
First Regular Session
HOUSE BILL NO. ________________
Introduced by
Representatives Marcelino C. Libanan, Francis "Blueboy" L. Nepomuceno, Harlin Cast. Abayon, Arrel R. Ola?o, Eladio "Boy M. Jala, Edgar M. Chatto
AN ACT REGULATING THE PRACTICE OF MINING ENGINEERING IN THE PHILIPPINES, REPEALING FOR THE PURPOSE REPUBLIC ACT NUMBERED FOUR THOUSAND TWO HUNDRED SEVENTY FOUR (R.A. NO. 4274) , AS AMENDED ENTITLED "MINING ENGINEERING LAW OF THE PHILIPPINES", AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Article I
TITLE, STATEMENT OF POLICY, DEFINITION OF TERMS AND SCOPE OF PRACTICE
Section 1. Title ? This Act shall be known as the ?New Mining Engineering Act of 2005?
Section 2. Statement of Policy - It is hereby declared the policy of the State to supervise and regulate the practice of mining engineering vital to national development; upgrade the quality of mining engineers whose standards of professional practice shall be excellent, world-class and globally competitive through regulatory measures, programs and activities.
Section 3. Objectives. - This Act shall govern but not limited to:
(a) the examination, registration, and licensure of mining engineers, professional mining engineers and certified mine foremen;
(b) the supervision, control and regulation of the practice of mining engineering;
(c) the development and upgrading of the curriculum of mining engineering profession;
(d) the development of the professional competence of mining engineers through continuing professional education; and
(e) the integration of the mining engineering profession.
Section 4. Definition of Terms - As used in this Act, the following terms shall mean as follows:
(a) Practice of mining engineering shall mean the rendering or offering of mining engineering services for a fee, salary, reward or compensation, paid to him/her or through another person or persons, or even without such reward or compensation.
(b) Mine shall mean all kinds of excavations and/or extractions aimed at extracting minerals/materials, energy resources or groundwater resources for beneficial usages in the context of responsible mining and sustainable development.
(c) Mineral/ore resource shall mean a concentration or occurrence of minerals/materials of intrinsic economic interest in or on the earth?s crust in such form and quantity that there are reasonable prospects for eventual economic extraction.
(d) Mineral /ore reserve shall mean that portion of a mineral resource that is economically mineable which, after the application of all mining factors, result in an estimated tonnage and grade, that based on the certification of the mining engineer making the estimates, can be the basis of a viable project after taking account all relevant mining, metallurgical, economic, marketing, legal, environmental, social and governmental factors.
(e) Energy resources shall mean coal, gas, petroleum, geothermal fluids or radio-active minerals that can be mined or harnessed for the production of power and other beneficial usages.
(f) Water reserves shall mean groundwater deposits proven through hydro-geological exploration where water can be beneficially extracted or harnessed for power generation and industrial development.
(g) Mine installations shall mean surface, underground or underwater excavations that require knowledge of mining engineering.
(h) Mining engineer shall mean a person who is a holder of a valid Certificate of Registration and Professional Identification Card issued by the Board of Mining Engineering and the Professional Regulation Commission.
Section 5. Scope of Practice - A person shall be deemed to be practicing the profession of mining engineering or rendering mining engineering services within the meaning and intent of this Act when he/she performs, but not limited to, any or all of the following:
(a) Management, engineering or supervisory positions in mines, mine installation or construction projects where knowledge in mining engineering is necessary in carrying out such function.
(b) Calculation, estimation and certification of mineral, energy and water reserves, preparation of mine feasibility studies; mine valuation or auditing; and mine consulting.
(c) Participation in the preparation of environmental studies for mining projects and monitoring under the Environmental Impact Assessment (EIA) system.
(d) Preparation, approval or signing of mining documents such as but not limited to mine reports, mine plans and designs, specifications or project estimates.
(e) Design, commissioning or decommissioning of mines, mining methods and applicable machinery, works or installation.
(f) Employment in government service, if the nature and character of his/her work is in line with the profession requiring professional knowledge of the science of mining engineering.
(g) Management or supervision of small scale mines or similar projects as prescribed by law.
(h) Mine engineering practice or services covered by bilateral or multilateral trade agreements where the Philippines is a signatory.
(i) Teaching, lecturing and reviewing of professional mining engineering subjects in government recognized and accredited universities, colleges, schools and institutes.
(j) All other functions, services and activities which, in the assessment and opinion of the Board, the same constitute the practice of Mining Engineering.
Article II
CREATION OF THE PROFESSIONAL REGULATORY BOARD FOR MINING ENGINEERS
Section 6. Composition of the Board of Mining Engineering - There is hereby created a Professional Regulatory Board of Mining Engineering, hereinafter referred to as the Board, under the administrative control and supervision of the Professional Regulation Commission, hereinafter called as the Commission, composed of a Chairman and two (2) Members to be appointed by the President of the Philippines from among those recommended by the Commission from the nominees of the duly Accredited Professional Organization (APO) of mining engineers. The new Board shall be constituted three (3) months from the effectivity of this Act.
Section 7. Powers and Duties of the Board. - The Board shall have the following powers and duties:
(a) To supervise and regulate the practice of mining engineering profession;
(b) To determine and evaluate the qualifications of the applicants for registration;
(c) To prescribe the subjects in the licensure examinations, determine the syllabi of the subjects and their relative weights, construct the test questions in the examinations, score and rate the examination papers, and submit the examination results to the Commission;
(d) To issue together with the Commission, Certificates of Registration and Professional Identification Cards to applicants who have passed the licensure
examinations for registered mining engineers;
(e) To issue special/ temporary permits to foreign mining engineers to practice the profession;
(f) To inquire into conditions affecting the practice of the profession and adopt measures for the enhancement and maintenance of high professional, ethical and technical standards. Pursuant thereto, the Board may inspect establishments where mining engineers practice their profession such as mines, plants, offices and the like in order to determine and enforce compliance with the provisions of this Act and issue Certificates of Compliance for the purpose.
(g) In coordination with the Commission on Higher Education (CHED), inspect the facilities, faculty, equipment and other aspects directly related to the mining engineering program of educational institutions;
(h) To adopt the Implementing Rules and Regulations (IRR) necessary for carrying out the provisions of this Act.
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