EPA Director warns against repealing mining in forest reserves regulation

The Director of the Mining Department at the Environmental Protection Agency (EPA), Michael Sandow Ali, has raised concerns over the proposed move to repeal the Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I. 2462).

He cautioned that repealing the regulation without introducing a stronger, more comprehensive law could lead to widespread, unregulated mining activities in forest reserves.

“If this law is repealed, there will be anarchy in the forest reserves,” warned Mr. Sandow Ali, stressing that removing the L.I. would make it difficult to regulate companies already engaged in mining activities within these reserves.

Explaining further, he questioned: “Are we halting all mining activities in the forests, or are we ensuring that mining is conducted responsibly?”

Mr. Sandow Ali stated that the existing regulations, originally introduced as guidelines to oversee the operations of companies already working in forest reserves, were carefully and thoughtfully developed.

Contrary to the perception that L.I. 2462 has opened Ghana’s forest reserves to mining, Mr. Sandow Ali clarified that this is inaccurate. He explained that mining in forest reserves has been permitted since 1945.

Citing an example, he noted that the Ghana Bauxite Company (GBC) has been operating in the Afao Forest Reserve since before the 1990s. He added that approximately 30 other mining companies were granted exploratory rights in forest reserves during the 1990s.

These developments, he said, triggered efforts to put in place some environmental guidelines for mining activities in the forest reserves, which the country has operated for the past 20 years.

Consequently, he said L.I. 2462 was passed to formalise existing guidelines and enhance the government’s regulatory authority over mining in forest reserves.

However, advocates against L.I. 2462, including civil society organisations (CSOs) and timber industry operators, among others, have argued that rather than protecting the forests and key biodiversity hotspots known as Globally Significant Biodiversity Areas (GSBAs), the L.I. makes easy for mining companies to access concessions within them.

For instance, a coalition of six CSOs that recently sued the state over the law stated that the key difference between the new L.I. and the previous 2018 ‘Environmental Guidelines for Mining in Production Forest Reserves in Ghana’ is the scale of the mining area that can be permitted.

Under the guidelines, mining was restricted to two percent of production forest reserves. The new L.I., however, lacks such restrictions, leading to concessions that cover entire reserves, sparking concerns about increased leases and applications in sensitive biodiversity areas.

But the Director of the Mining Department at EPA explained that the regulation aligns with the constitutional powers granted to the President.

Civil society organisations, meanwhile, have criticised this clause, citing concerns over potential misuse, particularly in areas like the Atiwa Forest Reserve.

“People often point to Atiwa and say this clause could enable mining there,” Mr. Sandow Ali noted, adding that “illegal miners are already active in Atiwa. If we can responsibly manage the resource and derive national benefits, why shouldn’t we?”

The EPA Director, who was speaking on the side-lines of an engagement organised by the Natural Resource Governance Institute (NRGI), in Accra, emphasised that allowing illegality to persist offers no value to the state: “Right now, it’s individuals benefiting, not the country”.

On whether portions of the regulations (which grants authority to the President) should be amended, Mr. Sandow Ali acknowledged the criticism but defended the regulation’s basis in the Constitution.

“The Constitution gives the President that power. If people have a problem with this specific provision, it can be reviewed. However, repealing the entire regulation reflects a misunderstanding of its purpose,” he noted.

The Director’s comments come in response to mounting opposition from environmental groups, labour organisations and other stakeholders, who called for a repeal of the law, amid concerns over illegal mining and its environmental impact.

Following meetings with aggrieved stakeholders, the President, through the Attorney General (AG), directed the Environmental Protection Agency (EPA) to begin steps to revoke L.I. 2462.

The fate of L.I. 2462 will significantly shape the country’s approach to managing its forest reserves, balancing environmental preservation with economic benefits, particularly as a new government has been elected.

Watch highlights of Mahama's speech below