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As to ICCs/IPs, their free and prior informed consent shall be secured in accordance
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with their laws, practices and processes.
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the ICCs/IPs on the contractor shall cause the cancellation of the mineral agreement.
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Included in this process is the explanation of the rights of ICCs/IPs of ownership and
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self-determination.
Violation of any of the conditions imposed by
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Sec. 64. Multi-partite monitoring. - The Council shall form a multi-partite
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monitoring team to monitor compliance by the contractor of the terms and conditions of
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the mineral agreement.
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time of the day and night. It shall also inspect all the books of contractors and refer the
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same to independent auditors. The Multi-partite monitoring team and/or the Bureau
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may confiscate surety, performance and guaranty bonds posted through an order to be
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promulgated by the Director.
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authorities may deputize, when necessary, any member or unit of the Philippine
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National Police, barangay, duly registered nongovernment organization (NGO) or any
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qualified person to police any and all mining activities.
It may conduct ocular inspections of the contract area at any
The Council, the Director or the local government
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Sec. 65. Withdrawal from the mineral agreement - The contractor may withdraw
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from the mineral agreement at any time for justifiable cause with one (1) month's
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notice to the Bureau, the Council and/or the ICCs/IPs, and other government agencies
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as may be provided by law. The Council, in cooperation with other
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government agencies, shall issue a clearance for withdrawal upon certifying that the
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contractor has complied with all its legal obligations, including the appropriate measures
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for mine closure and rehabilitation.
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contractor in accordance with this Act shall be forfeited.
concerned
Funds and bonds which have been put up by the
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Sec. 66. Non-transferabiiity o f mineral agreements. - In no case shall mining
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rights under this Act be transferrable. The contractor shall also immediately notify the
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Council and the Bureau of any substantial change in the ownership and/or control of
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the corporation. Violation of this provision shall cause the cancellation of the agreement
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and forfeiture of assets and equipment of the contractor in favor of the State.
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Sec. 67. Access to information. -
All contractors for mineral permits and
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agreements shall provide information to affected indigenous peoples, local communities,
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and local governments. The following information, among others, shall be required:
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a)
The full disclosure o f methods and processes of mining;
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b)
The full disclosure of environmental and social risks;
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c)
The full disclosure o f ownership structure; and
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d)
The full disclosure o f financial sources.
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All information and documents related to proposals, mineral agreements, permits and
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