The Director of the Mining Department at the Environmental Protection Agency (EPA), Michael Sandow Ali, has expressed grave concerns regarding the proposed repeal of the Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I. 2462).

The regulation, designed to oversee mining operations in Ghana’s forest reserves, is now at the center of a heated debate between policymakers, environmental groups, and industry stakeholders.

In a recent statement, Mr. Sandow Ali warned that repealing the regulation without introducing a stronger framework could lead to uncontrolled mining activities in Ghana’s forest reserves.

“If this law is repealed, there will be anarchy in the forest reserves,” he cautioned, adding that the absence of L.I. 2462 would undermine the government’s ability to regulate mining companies operating in these ecologically sensitive areas.

Clarifying misconceptions, Mr. Sandow Ali explained that L.I. 2462 was not designed to introduce mining in forest reserves but to formalize and strengthen regulatory oversight for mining activities that have been occurring in these areas for decades.

He pointed out that mining in forest reserves has been legal since 1945, with companies such as the Ghana Bauxite Company (GBC) operating in the Afao Forest Reserve since before the 1990s.

“In the 1990s, approximately 30 companies were granted exploratory rights in forest reserves.
“These developments prompted efforts to establish environmental guidelines for mining activities.”
Michael Sandow Ali, Director of the Mining Department at the Environmental Protection Agency (EPA)

These guidelines eventually evolved into L.I. 2462, which was passed to enhance the government’s regulatory authority over mining in forest reserves and ensure sustainable practices.

Contrary to criticism from civil society organisations (CSOs) and other stakeholders, Mr. Sandow Ali stressed that the regulation aims to protect forest reserves from reckless mining while allowing for responsible resource extraction.

However, the regulation has faced stiff opposition from environmental groups, timber industry operators, and CSOs.

Critics argue that rather than protecting forests and key biodiversity hotspots—such as Globally Significant Biodiversity Areas (GSBAs)—L.I. 2462 facilitates easier access for mining companies to secure concessions in ecologically sensitive areas.

A coalition of six CSOs recently filed a lawsuit against the state, claiming that the new regulation expands mining activities in forest reserves beyond sustainable limits.

The CSOs cited a key difference between L.I. 2462 and the previous 2018 “Environmental Guidelines for Mining in Production Forest Reserves in Ghana,” which restricted mining activities to just 2% of forest reserves.

The new regulation lacks such limits, enabling concessions that could encompass entire reserves.

This, according to the CSOs, has already triggered a rise in mining leases and applications in critical biodiversity zones, raising concerns about Ghana’s commitment to environmental conservation.

Constitutional Provisions Spark Debate

Ewe miners dredge mine the Offin River and pits left by Chinese

Addressing these concerns, Mr. Sandow Ali highlighted that the regulation aligns with constitutional powers granted to the President, who has ultimate authority over the country’s natural resources.

“The Constitution gives the President that power. If people have a problem with this specific provision, it can be reviewed.
“However, repealing the entire regulation reflects a misunderstanding of its purpose.”
Michael Sandow Ali, Director of the Mining Department at the Environmental Protection Agency (EPA)

He acknowledged criticisms about the potential misuse of presidential powers under the regulation, particularly in ecologically sensitive areas such as the Atiwa Forest Reserve.

Opponents fear that the clause granting authority to the President could pave the way for large-scale mining in such areas, undermining environmental protection efforts.

“People often point to Atiwa and say this clause could enable mining there,” Mr. Sandow Ali noted. “But illegal miners are already active in Atiwa. If we can responsibly manage the resource and derive national benefits, why shouldn’t we?”

The controversy surrounding L.I. 2462 has intensified in recent months. Environmental advocates, labour groups, and other stakeholders have called for its repeal, citing its perceived role in worsening illegal mining activities, or “galamsey,” and its devastating impact on the environment.

Following stakeholder consultations, President Nana Akufo-Addo, through the Attorney General, directed the EPA to initiate steps to revoke L.I. 2462.

This directive has deepened the divide between those advocating for the law’s repeal and those, like Mr. Sandow Ali, urging caution.

“Are we halting all mining activities in the forests, or are we ensuring that mining is conducted responsibly?” Mr. Sandow Ali questioned.

For Mr. Sandow Ali, the solution lies in improving the existing regulation rather than discarding it. He suggested that specific provisions, such as the scale of permitted mining activities and the President’s discretionary powers, could be amended to address stakeholder concerns.