…demands repeal of L.I. 2462
By Kizito CUDJOE
Environmental group A Rocha Ghana has reiterated its demand to repeal the Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I. 2462), rejecting claims by the Environmental Protection Agency’s (EPA) Director of Mines that the law provides necessary safeguards.
A Rocha Ghana, in a response to the position of the top EPA official, restated its position to not only repeal the legislation but also enforce a complete ban on mining activities in forest reserves, citing environmental concerns.
The EPA official had defended the regulation, which provides a legal framework for mining in protected areas under certain conditions. Ing. Michael Sandow Ali warned that a repeal of the regulation could result in widespread, unregulated mining activities in forest reserves.
He said: “If this law is repealed, there will be anarchy in the forest reserves”, noting that it will make it challenging in regulating companies already mining in these reserves.
He agreed that amending relevant provision in the interest of the state, if possible, should be the way forward.
However, A Rocha Ghana in the rejoinder signed by the National Director, Seth Appiah-Kubi, argued: “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”.
They noted that by opening forests to large-scale mining, complete with tracks and machinery, L.I. 2462 has indirectly invited a surge in illegal mining activities and, therefore, retaining the legislation poses severe threats to Ghana’s forests, biodiversity and communities.
“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 percent of production forest reserves, L.I. 2462 removes this restriction, paving the way for expansive mining with minimal oversight.”
This development, according to A Rocha, 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.”
It also said 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.
Doing this, A Rocha noted, undermines the country’s commitments under the Convention on Biological Diversity and national policies aimed at preserving ecological integrity.
Furthermore, it said 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,” it stated.
Also, it observed that 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.”
Given this, A Rocha argued that the regulation fails to align with global best practices and does not adequately address biodiversity loss caused by mining.
To this end, it said to sustainably manage the country’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 prioritise community interests.”
Additionally, they maintained that 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.
A Rocha Ghana, therefore, noted that repealing L.I. 2462 ensures stronger protection for forests, biodiversity and communities.
It would be recalled that following meetings with aggrieved stakeholders, the President, Akufo-Addo, through the Attorney-General (AG), directed EPA to begin steps to revoke L.I. 2462.
Given this, A Rocha Ghana said it is imperative that processes initiated to repeal the L.I is completed to usher in a more progressive framework for the sustainable management of forests in Ghana.
