1 and bird sanctuaries and their respective buffer zones prohibited under the 2 National Integrated Protected Area System (NIPAS) under Republic Act No. 3 7586, Department Administrative Order No. 25, series of 1992 and other laws 4 and ordinances and those expressly prohibited by other laws. 5 The determination whether or not the same are absolutely closed to mining shall not 6 only be limited to the existence of a law or ordinance declaring it as protected areas, 7 but also to the actual use of said area. 8 Sec. 44. Process o f determination fo r opening an area to mining. - After the 9 submission of the exploration report and the resource valuation report, the Bureau shall 10 convene the Council. The Council shall thereafter convene their respective constituents 11 to determine whether or not their respective territories shall be opened for mining. 12 Sections 26 and 27 of the Local Government Code on consultation and consent shall be 13 strictly adhered to. Local government units at all levels shall conduct mandatory public 14 hearings with the affected local communities, to be carried out within their respective 15 territories and presenting those enumerated under Section 41. 16 The decision of the respective Sanggunians of all the local government units in the 17 watershed continuum shall be made in accordance to the sentiment of the peoples of 18 the local government unit as a result of the consultations conducted. 19 Provided, That each Sangguniang Barangay within the watershed continuum shall 20 convene their respective barangay assemblies for the purpose of this section. Local 21 government units shall ensure that the Bureau shall comprehensively explain the goals 22 and objectives of the project or program, its negative and positive impact upon the 23 people and the community in terms of environmental or ecological balance, and the 24 measures that will be undertaken to prevent or minimize the adverse effects thereof. 25 The free prior and informed consent of all barangay assemblies within the watershed 26 continuum shall be a condition precedent for any mining activity. 27 Provided further, That no mining activity shall be approved by the council without the 28 free and prior informed consent of all indigenous peoples within the watershed 29 continuum. 30 For the purposes of declaring that an area is open for mining, the Council shall ensure 31 that all the requisites under Section 41 and 42 have been complied with. 32 Provided fmaiiy. That any member of the community may file a protest with the Council 33 during the period of consultations and deliberations for the Council's consideration. 34 Sec. 45. Violation o f Section 54. - Local government officials who are 35 administratively found to violate the preceding section and Section 54 of this Act vis-a- 36 vis the pertinent sections of the Local Government Code shall be removed from office 99