Legislative Instrument (L.I.) 2462 of 2022, also known as the Environmental Protection (Mining in Forest Reserves) Regulations, is a Ghanaian law enacted in November 2022 that permits mining activities in forest reserves, provided specific environmental and operational procedures are followed. The law has been highly controversial, with critics arguing it undermines forest protection and biodiversity, leading to widespread calls for its repeal from various civil society organizations and academics.
Key Aspects of L.I. 2462
- Permits Mining in Forest Reserves:The primary function of the L.I. is to allow for mining within forest reserves, which was previously restricted by other government policies.
- Provides a Framework:It establishes guidelines for the environmental management of mining activities in these areas, including stakeholder consultations and the administration of mineral royalties.
- Controversial Provisions:Unlike prior regulations, L.I. 2462 does not set a limit on the percentage of production forest reserves that can be mined.
- Empowers Minister and President:It grants significant powers to the Minister and the President to approve mining in forest reserves, which some argue conflicts with constitutional authority.
- Contradictory to National Policy:The enactment of L.I. 2462 has been seen as a contradiction to Ghana’s commitment to protecting forests and biodiversity, especially in light of initiatives like the Forests and Climate Leaders’ Partnership.
Reasons for Criticism
- Environmental Concerns:Critics point to the potentially devastating impacts of mining on Ghana’s forests, biodiversity, and climate change resilience.
- Lack of Transparency:Civil society organizations reported being largely unaware of the law’s clandestine passage in November 2022.
- Unrealistic Penalties:The penalties for violations of the law are considered insufficient to deter illegal activities.
- Constitutional Concerns:Some legal experts argue that the L.I. is inconsistent with constitutional provisions that vest authority in the Minerals Commission and Parliament.
Calls for Repeal
- Many organizations, including the Ghana Academy of Arts and Sciences (GAAS) and the Ghana Institute of Foresters (GIF), are calling for the immediate repeal of L.I. 2462.
- The goal is to re-establish a complete ban on mining in forest reserves, rather than a mere amendment of the existing regulation.
- Recent efforts from within the government also indicate a push for the law’s revocation.
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