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