A Rocha Ghana debunks fears over L.I. 2462 repeal

A Rocha Ghana, an environmental non-governmental organization (NGO), has disputed claims that repealing the Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I. 2462) could lead to unchecked mining activities in forest reserves.

This comes after Michael Sandow Ali, Director of the Mining Department at the Environmental Protection Agency (EPA), expressed concerns about the proposed repeal. Ali cautioned that repealing the regulation without introducing a stronger, more comprehensive law could lead to widespread, unregulated mining activities in forest reserves.

"If the law is repealed, there would be anarchy in the forest reserves," Ali warned, emphasizing that L.I. 2462 would make it difficult to regulate companies already engaged in mining within forest reserves.

However, A Rocha Ghana countered this assertion in a press statement signed by its National Director, Dr. Seth Appiah Kubi.

"The reality is that forest risks existed before the L.I., but its implementation has worsened the situation by enabling large-scale mining and increased forest access," the statement read.

The NGO pointed out that, unlike the 2018 Environmental Guidelines, which limited mining to 2% of production forest reserves, L.I. 2462 removes this restriction, paving the way for expansive mining with minimal oversight.

"By opening forests to large-scale mining, complete with tracks and machinery, L.I. 2462 has indirectly invited a surge in illegal mining activities," the statement continued. "Retaining this legislation poses severe threats to Ghana's forests, biodiversity, and communities."

A Rocha Ghana also described the caution about potential regulatory vacuum as unfounded, stating that "the risk to forests exists with or without L.I. 2462, and evidence clearly shows that the L.I. has exacerbated these risks."

The NGO further emphasized that "the claim that repealing L.I. 2462 without a robust replacement risks regulatory gaps is a misrepresentation. This weakens existing protections and undermines sustainable forest management, highlighting the urgent need to repeal L.I. 2462 and adopt stronger, more effective regulations."

A Rocha Ghana asserted that, "The evidence is there to show that Ghana's forests received better protection from mining before the L.I. 2462 was passed."

Below is the full statement:
ADDRESSING EPA’s MINING DIRECTOR CONCERNS REGARDING REPEAL OF L.I 2462

Accra, Monday, 16th December 2024. The concerns raised by Mr. Michael Sandow Ali, Director of the Mining Department at the Environmental Protection Agency (EPA), regarding the proposal to repeal the Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I 2462), deserves attention to correct some misrepresentation of facts in his statement. The caution about a potential regulatory vacuum is unfounded. The risk to forests exists with or without L.I. 2462, and evidence clearly shows that the L.I. has exacerbated these risks. By opening forests to large-scale mining, complete with tracks and machinery, L.I. 2462 has indirectly invited a surge in illegal mining activities. Retaining this legislation poses severe threats to Ghana’s forests, biodiversity, and communities. Below, we address these concerns further and propose actionable steps to protect forest reserves and ensure sustainable management.

Addressing Key Concerns
1. Risk of Unregulated Mining The claim that repealing L.I. 2462 without a robust replacement risks regulatory gaps is a misrepresentation. The reality is that forest risks existed before the L.I., but its implementation has worsened the situation by enabling large-scale mining and increased forest access. Unlike the 2018 Environmental Guidelines, which limited mining to 2% of production forest reserves, L.I. 2462 removes this restriction, paving the way for expansive mining with minimal oversight. This weakens existing protections and undermines sustainable forest management, highlighting the urgent need to repeal L.I. 2462 and adopt stronger, more effective regulations. The evidence is there to show that, Ghana’s forests received better protection from mining before the L.I 2462 was passed

2. Impact on Forest Integrity Contrary to claims that L.I. 2462 enhances protection it has facilitated the approval of mining leases in critical biodiversity areas, including Globally Significant Biodiversity Areas (GSBAs), previously prohibited under the 2018 guidelines. This undermines Ghana’s commitments under the Convention on Biological Diversity and national policies aimed at preserving ecological integrity.

3. Historical Context and Existing Licenses While mining in forest reserves has been allowed since 1945, L.I. 2462 significantly expands access, enabling entire reserves to be allocated for mining. For example, leases granted under L.I. 2462 cover extensive areas of reserves like Nkrabia and Boin Tano, threatening key ecosystems and livelihoods.

4. Provisions for Responsible Mining The biodiversity offsetting provisions in L.I. 2462 are inadequate. Companies are permitted to establish plantations instead of restoring natural forests, which neither compensates for biodiversity loss nor addresses community concerns over land use. This approach is misaligned with global best practices for sustainable mining and false solution and does not address the mischief of forest and biodiversity loss that is associated with mining in forest reserves.

Recommendations for the Way Forward
L.I. 2462 is retrogressive and undermines Ghana’s sustainable forest management by permitting mining in reserves, violating the Forest and Wildlife Policy (2012), Forest Development Master Plan (2020–2035), and National Biodiversity Strategy. It breaches Ghana’s commitments under the Global Biodiversity Framework and Convention on Biological Diversity. Targeting forest reserves for mining, despite their statutory designation for providing invaluable services that extend beyond the present, is an imprudent decision that fails to reflect the judicious use of Ghana’s natural resources. These reserves are vital for ecological balance, water security, and intergenerational sustainability, making their protection paramount.

To sustainably manage Ghana’s forests, L.I. 2462 must be repealed and replaced with a law explicitly banning mining in forest reserves, aligning with the Forestry Development Master Plan’s 2035 target. Strengthened regulations are needed to ensure strict oversight, minimal environmental impact, and mandatory restoration. Commitments to conserve GSBAs must be upheld through participatory planning processes that protect biodiversity and prioritize community interests. Additionally, robust enforcement mechanisms and inter-agency collaboration are essential to combat illegal mining and safeguard the integrity of forest reserves while balancing economic benefits with environmental sustainability.

The repeal of L.I. 2462 is not a call for regulatory vacuum but an urgent step to ensure that Ghana’s forests, biodiversity, and communities are protected for current and future generations. It is therefore imperative that processes initiated by the AG and the Ministry of Environment Science Technology and Innovation to repeal the L.I is completed to usher in a more progressive framework for the sustainable management of forests in Ghana.

END
Signed
Seth Appiah-Kubi
National Director
A Rocha Ghana