The Mineral Rights Purchase And Sale Agreement is a crucial document used in the Philippine mining industry when transferring mineral rights between parties. It is specifically designed to comply with the Philippine Mining Act of 1995 (RA 7942) and related regulations, including environmental protection laws and indigenous peoples' rights legislation. This document is required whenever there is a transfer of mineral rights, mining claims, or mining tenements in the Philippines, whether for operating mines, exploration projects, or undeveloped mineral properties. The agreement must address various regulatory requirements, including approvals from the Mines and Geosciences Bureau (MGB), environmental compliance certificates, and where applicable, free, prior, and informed consent from indigenous peoples. It typically includes detailed provisions about the mineral rights being transferred, purchase terms, regulatory compliance obligations, and necessary government approvals.
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1. Parties: Identification of the seller and purchaser, including complete legal names, addresses, and registration details
2. Background: Context of the transaction, including brief history of the mineral rights and purpose of the agreement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Sale and Purchase: Core transaction terms including description of mineral rights being transferred
5. Purchase Price: Details of the purchase price, payment terms, and any adjustments
6. Conditions Precedent: Conditions that must be satisfied before completion of the transaction
7. Completion: Process and requirements for closing the transaction
8. Seller's Warranties: Warranties regarding ownership, authority, mineral rights status, and compliance
9. Purchaser's Warranties: Warranties regarding authority, financial capacity, and regulatory compliance
10. Regulatory Compliance: Obligations regarding mining permits, environmental compliance, and government approvals
11. Environmental Matters: Environmental obligations, liabilities, and compliance requirements
12. Confidentiality: Provisions regarding confidential information and public announcements
13. Assignment: Rights and restrictions regarding assignment of the agreement
14. Governing Law: Specification of Philippine law as governing law and jurisdiction
15. Dispute Resolution: Procedures for resolving disputes, including arbitration provisions
16. General Provisions: Standard boilerplate provisions including notices, amendments, and severability
1. Indigenous Peoples' Rights: Required when mineral rights involve ancestral domains, addressing IPRA compliance and FPIC requirements
2. Financing Arrangements: Include when purchase involves external financing or specific payment structures
3. Surface Rights: Required when surface rights are included in the transaction
4. Royalty Provisions: Include when ongoing royalty payments are part of the purchase consideration
5. Employee Matters: Required when transfer includes existing mining operations with employees
6. Tax Matters: Detailed tax provisions when complex tax structures or special tax considerations apply
7. Transition Services: Include when seller will provide post-completion operational support
8. Force Majeure: Detailed force majeure provisions for operating mines or development projects
1. Property Description: Detailed technical description of the mineral property and rights being transferred
2. Mining Permits and Licenses: List and copies of all relevant mining permits, licenses, and authorizations
3. Environmental Permits: Environmental compliance certificates and permits
4. Technical Reports: Geological reports, resource estimates, and technical studies
5. Existing Contracts: List and copies of material contracts affecting the mineral rights
6. Equipment and Assets: Inventory of any equipment or assets included in the sale
7. Encumbrances: Details of any liens, charges, or encumbrances affecting the mineral rights
8. Compliance History: Record of compliance with mining and environmental regulations
9. Form of Transfer Documents: Templates of documents required to effect the transfer
10. Indigenous Peoples Agreements: Copies of any agreements with indigenous peoples or local communities
Relevant legal definitions
Clauses
Relevant Industries
Mining and Metals
Natural Resources
Energy
Construction
Environmental Services
Indigenous Peoples Services
Legal Services
Financial Services
Geological Services
Engineering
Environmental Consulting
Relevant Teams
Legal
Mining Operations
Environmental Compliance
Corporate Development
Finance
Regulatory Affairs
Community Relations
Technical Services
Risk Management
Project Development
Business Development
Relevant Roles
Mining Executive
Legal Counsel
Environmental Compliance Officer
Mining Engineer
Geologist
Corporate Development Manager
Chief Financial Officer
Operations Director
Regulatory Affairs Manager
Indigenous Peoples Relations Officer
Land Manager
Due Diligence Manager
Risk Assessment Manager
Project Manager
Business Development Director
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