Former Lands and Natural Resources Minister, Samuel Abu Jinapor, has dismissed claims that repealing Legislative Instrument (L.I.) 2462 would prevent mining in forest reserves, warning that such a perception is misleading.
Speaking on JoyFM Top Story on Tuesday, March 18, Mr Jinapor stated that while the previous New Patriotic Party government had also considered repealing L.I. 2462, the idea that its repeal alone would stop mining in forests is erroneous.
“Even though the previous government wanted to repeal this L.I. and, of course, I was part of it, the indication, or the representation, that the repeal of this L.I. 2462 is what will prevent mining forest is erroneous,” he cautioned.
He explained that L.I. 2462 was originally introduced to regulate the granting of mineral rights in forest reserves and protect critical areas such as biodiversity zones, protected lands, and cultural heritage sites.
However, repealing the L.I. would not eliminate the government’s power to authorise mining in these areas.
[embedded content]According to Mr Jinapor, all minerals in Ghana are vested in the President under Article 257(6) of the Constitution, and the Minister for Lands and Natural Resources exercises this power on behalf of the President under Act 703.
Therefore, removing L.I. 2462 would not restrict mining in forest reserves but rather remove limits on the government’s discretion to approve it.
“The repeal of L.I. 2462 does not preclude the Minister for Lands from granting licenses or rights for persons or companies to mine in forest reserves.
“On the contrary, it takes away the fetter. It gives you unfettered mandate and authority to grant mining in almost all parts of our country, including biodiversity areas, protected areas,” he stressed.
He advocated for further discussions among stakeholders to ensure the move genuinely protects forest reserves while addressing concerns about responsible resource exploitation.
His comments come amid a heated debate in Parliament over the laying of L.I. 2462, which seeks to repeal the President’s power to grant mining permits in forest reserves.
While Minority Leader Alexander Afenyo-Markin argued that the L.I. must undergo a pre-laying process, the Majority Leader, Mahama Ayariga, countered this position, stating that the L.I. is a straightforward, one-clause instrument that has already garnered consensus.
He stressed that the repeal is a critical step in addressing the environmental degradation caused by illegal mining and that further delays would undermine efforts to combat the crisis.
However, the former Lands Minister pushed back, insisting that further consultations were necessary before the L.I. could be laid.
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