Ing. Wisdom Gomashie, Mining Consultant has disclosed that the persistent narrative that mining within Ghana’s forest reserves has been banned following the recent revocation of Legislative Instrument (L.I.) 2462 is a legal misconception that requires urgent clarification.
According to Gomashie, the state’s recent legislative maneuvers are essentially a “play with words” that could mislead the general public into a false sense of environmental security.
He contends that despite the hullabaloo surrounding the annulment of L.I. 2462, the fundamental legal framework that permits mineral extraction within these protected enclaves remains intact.
For a categorical ban to exist, the primary legislation governing the sector must be overhauled to strip away the discretionary powers that currently allow such operations to proceed under specific leases.
“Until the Minerals & Mining Act, 2006, Act 703 is amended to explicitly state ‘Ghana will not allow mining in forest reserves,’ mining remains legal. Revocation of LI 2462 is going to be a headache for the government afterwards because it does not stop the operations authorized under the primary Act. Specifically, we must amend Sections 4, 5, 9, 11, 13, 18, and 31-47 of Act 703 to reflect a true ban.”
Ing. Wisdom Gomashie
Legal Fallacy of the L.I. 2462 Revocation
The recent executive action to repeal the Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I. 2462) has been framed by government as a definitive blow to forest-based mining.
However, mining experts argued that this move actually creates a regulatory vacuum rather than a prohibition.
Before 2022, mining in these areas was governed by the 2018 Environmental Guidelines, which restricted activity to roughly 2% of production forest areas.
L.I. 2462 controversially expanded this exposure to nearly 89% of reserves by granting the President discretionary power to approve projects. While revoking this L.I. removes that specific 2022 framework, it does not erase the underlying “mineral rights” established under Act 703.
Enduring Shadow of Act 703 on Forest Sovereignty
The Minerals and Mining Act of 2006 (Act 703) acts as the “Constitution” of the extractive industry, and its current structure is inherently pro-extraction.
Specifically, Section 4 gives the Minister the power to reserve land from mining, but conversely, Sections 5 and 9 allow for the grant of mineral rights over almost any land area not specifically restricted.
Section 18 further mandates that holders merely obtain permits from the Forestry Commission, treating forest reserves as just another administrative hurdle rather than “no-go zones.”
This framework ensures that even without L.I. 2462, the legal pathway for mining in protected areas remains open for those who can navigate the bureaucratic requirements.
The statistical reality of Ghana’s tree cover loss a 24% decrease since the year 2000 highlights the failure of secondary regulations to curb environmental degradation.
Act 703 provides the “legal oxygen” for these activities to persist. By failing to amend the reconnaissance, prospecting, and mining lease provisions found in Sections 31 through 47, the government leaves the door ajar for future applications.
Extractive experts further warned that the existence of these sections in their current form “undermines forest reserves sovereignty” because they prioritize mineral wealth over ecological preservation.
Without a hard-coded legislative prohibition, the transition from “regulated mining” to a “total ban” is impossible to enforce in a court of law.
Policy Recommendations for a Genuine Mining Ban
To achieve a true cessation of mining in forest reserves, the technical path is clear: the government must move beyond the “revocation of L.I.s” and tackle the primary statutes.
A comprehensive amendment must be drafted to explicitly bar any form of mineral operation within gazetted forest reserves, removing the discretionary loopholes currently enjoyed by the executive branch.
This requires a synchronized effort to update the Mining Policy Amendment Document alongside the specific legislative tweaks to Act 703 recommended by industry consultants.
The consultant’s warning is a call for “intellectual honesty” in environmental governance.
If the state is serious about protecting what remains of the 1.64 MHa of tree cover lost over the last two decades, it must stop “playing with words” and start rewriting the law.
Only through a rigorous amendment of Act 703 can the state provide the Forestry Commission and the Environmental Protection Agency (EPA) with the “legal teeth” necessary to reject mining applications outright, ensuring that Ghana’s natural heritage is secured for future generations.
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