The Minister for Lands and Natural Resources, Emmanuel Armah-Kofi Buah, has clarified the legal framework governing the use of excavators and mining equipment, stating that no formal report has been received regarding Metropolitan, Municipal and District Assemblies (MMDAs) issuing permits for such operations in mining districts.
Responding to a parliamentary question from Mr. Akwasi Konadu, MP for Manhyia North, on steps being taken to stop MMDAs from authorizing equipment use, Mr. Buah emphasized that the issuance of such permits falls strictly under the purview of the Minerals Commission.
“Mr Speaker, the Ministry has not received any formal report of MMDAs issuing permits, receipts and authorization for the operation of excavators, chanfans and other mining equipment in mining districts,” the Minister stated.
Strict Regulatory Framework
Mr. Buah outlined the mandatory legal requirements for operating earth-moving and mining equipment, noting that a person intending to use such machinery must first register with the Minerals Commission as a mine support service provider to a holder of a mineral right, in accordance with the Minerals and Mining (Support Services) Regulations, 2012 (L.I. 2174).
Additionally, Regulation 3 of the Minerals and Mining (Minerals Operations – Tracking of Earth Moving and Mining Equipment) Regulations, 2020 (L.I 2404), requires that the equipment itself be registered with the Commission. A mining permit must also be obtained before operations commence. Furthermore, Regulation 8 of the Minerals and Mining (Health, Safety and Technical) Regulations, 2012 (L.I. 2182), mandates that a holder of a mining lease must obtain a Mining Operating Permit from the Inspectorate Division of the Minerals Commission.
“It is only after satisfying these requirements that a person has a legal basis to operate such equipment within the mining sector,” the Minister stressed.
Enhanced Penalties and Asset Forfeiture
The Minister issued a stern warning to operators flouting these regulations, citing the Minerals and Mining Act, 2016 (Act 703) as amended by Act 995 of 2019. He noted that any person who operates equipment without the requisite permit commits an offence under Sections 99 (7) and 99 (8) of the Act.
“This Act provides for enhanced penalties of fines and imprisonment up to 25 years. Furthermore, products and equipment used for illegal mining activity would be forfeited to the state upon conviction,” he warned.
The Minister confirmed that the Minerals Commission, in collaboration with other agencies, continues to enforce these regulatory requirements. They are also engaging with MMDAs to reinforce that permits, receipts, and authorizations relating to mining operations and equipment must not be issued to any company before the Commission grants the requisite mining permits.
“This measure is intended to strengthen regulatory oversight and prevent the unauthorized use of mining equipment,” Mr. Buah concluded.
Disclaimer: This story includes citations to press releases, parliamentary reports, and regulatory documents that outline Ghana’s mining equipment registration and permitting requirements. News reports regarding legal proceedings mentioned in the text are referenced contextually and may reflect recent judicial rulings. Please refer to official government sources for the most current legal interpretation.
Ghanamps.com