L.I. 2462: Ghana to Cancel Controversial Forest Reserve Mining Licenses
The Ghanaian government has officially presented a new legislative instrument (L.I.) to Parliament, titled “The Environmental Protection (Mining in Forest Reserves) Revocation Instrument, 2025.” This new L.I. aims to revoke the controversial Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I. 2462), which had previously granted the President discretionary powers to approve mining operations within Ghana’s forest reserves.
Basic Overview
The revocation instrument seeks to permanently remove the President’s authority to permit mining in protected forest areas. This is a significant policy reversal, intended to strengthen environmental protection and combat the adverse effects of mining, particularly illegal mining (galamsey), on Ghana’s vital forest resources. The new L.I. is expected to come into effect after 21 parliamentary sitting days unless a two-thirds majority votes to annul it.
Historical Perspective
L.I. 2462 was enacted in November 2022 and quickly drew widespread criticism. Prior to this, the government’s policy on mining in forest reserves was ambiguous, with the National Land Policy banning such activities while other guidelines suggested limited permission. L.I. 2462 appeared to permit mining in all forest reserves, with some exceptions for globally significant biodiversity areas. There was also a previous attempt to limit the President’s powers under L.I. 2462 through an amendment (L.I. 2501), which the new revocation instrument also seeks to repeal.
Current Opinions and Controversies: L.I. 2462 faced strong opposition from environmental activists, civil society organizations, and the general public. Critics argued that it exposed protected forest areas to industrial mining, undermined conservation efforts, and granted excessive, unilateral power to the President/Minister to authorize mining in sensitive ecosystems. The government’s decision to revoke L.I. 2462 is a direct response to this persistent public outcry and extensive consultations.
Future Developments
Upon its approval, the new instrument will reinstate stricter safeguards over Ghana’s forest ecosystems. It is part of a broader national strategy by the government to intensify the fight against illegal mining. This strategy includes initiatives such as the Responsible Cooperative Mining and Skills Development Programme (RCOMSDEP) and the National Anti-Illegal Mining Operations Secretariat (NAIMOS). Additionally, Ghana enacted the Environmental Protection Act in January 2025, which consolidates environmental laws and grants expanded powers to the Environmental Protection Authority (EPA) to regulate environmental matters, including mining.
This research highlights the government’s renewed commitment to protecting Ghana’s forest reserves and addressing the environmental concerns associated with mining.