Minerals Commission: What You Need To Know About Small-Scale Mining Operational Requirements
The Minerals Commission in their quest to make small-scale mining operational requirements flexible for every Ghanaian, has laid down feasible guidelines to safeguard workers in the sector
According to the commission, attempts have been made to rein in the unacceptable behaviour of small-scale miners, especially the illegal one, popularly known as “galamsey”, without much success. It is therefore clear that if we want to change the results, then we will have to amend the approach to the regulation and management of the activity.
It is in this context that the Operational Manual is introduced to clarify what are the acceptable standards for and streamline small-scale mining, of especially gold which is the country’s key mineral and also that on which the subsector focuses, along with its affiliate Community Mining Scheme in Ghana.
This Operational Manual is also to bring form and structure to the Community Mining Concept and prevent a relapse of the activity into galamsey, thereby eliminating the negative aspects of the small-scale mining subsector in Ghana.
Quoting from H. E. the President of Republic of Ghana ‘We cannot ignore the state of our environment. We are endangering the very survival of the beautiful and blessed land. The dense forest, that were home to varied trees, plants and fauna, have largely’. It is, therefore, my expectation that, the Operational Manual will go a long way to stem the tide of illegal/ galamsey activities, especially through the Community Mining Concept, while creating viable and responsible employment, restoring our water bodies and protecting the forest and vegetation of our beloved country Ghana.
Again, the adoption and utilization of the Manual should be part of our pursuit of a paradigm.
Shift attitudinal change and cultural re-orientation in the way we utilize and manage our natural resources. This is the appeal I make and the support I seek from all citizenry as stakeholders.
Ghana initiated lawful small-scale gold mining in1989 with the promulgation of the Small-Scale Gold Mining Law, PNDCL218. This law was repealed and integrated into the new Minerals and Mining Act, 2006 (Act 703). Sections 81-99 deal with small scale mining.
Small Scale Mining licence is granted to only Ghanaians who have attained the age of 18 years and above and is registered by the office of the Minerals Commission in an area designate. The licence is granted to a person, a group of persons, a co-operative society, a registered enterprise/venture (sole proprietorship) or a limited liability company.
In Ghana, Small Scale Mining (SSM) has evolved from its days of obscurity to become a significant driver of the socio-economic development. The sector employs about one million Ghanaians directly and many more indirectly. The sector also contributes to foreign exchange earnings and creation of ancillary economic activities. SSM stimulates local economy and also provides pathfinder clues for discovery of large deposits as well as provision of forward and backward economic linkages. Gold production from the sector has been increasing steadily over the past decade and in 2018, it reached an all-time high of 2.13 million ounces (43% of national production).
Interest in SSM particularly for gold has risen. Some of the factors responsible for this rise included
The relatively high gold price which makes marginal gold deposits economic for artisanal and small-scale miners; communities.
These positives notwithstanding, the sector is plagued with many worrying trends including illegal mining, environmental degradation, water pollution, chemical and heavy metal contamination and others impacting negatively on human health, safety and the environment.
To resolve these challenges, a lot of interventions were carried out in the past yielding little desired result. Desirous to sanitise and streamline the SSM sector, the government rolled out a number of programmes including:
b)
The perception that mining is more lucrative than other small-scale poverty alleviation/reduction ventures;
c)
The dwindling livelihood choices in the country, especially in the mining
i. introduction of technology (MCAS, drones, tracking systems etc.) in the regulation of small-scale mining activities;
ii. training programmes to upscale the skills of small-scale miners and;
iii. Community Mining Scheme (CMS), among others.
Although most mining communities are adversely impacted by mining operations, they receive little benefit from mining as host communities. It is in this light that the government introduced the CMS aimed at providing members of mining communities an opportunity to engage in
small scale mining as well as obtain direct benefit from mining operations. This necessitated the development of this operational manual to properly regulate Small Scale and Community Mining operations.
3.2 RESPONSIBILITIES OF COMMUNITY MINING OVERSIGHT COMMITTEE
The responsibilities of the Committee under section 92(3) of Act 703 will be to assist the District Office of the Minerals Commission to effectively monitor, promote and develop mining operations in the designated area. These may include but not limited to:
i. Overseeing the administration of the designated/permitted area under the Scheme.
ii. The registration of holders of small-scale mining licence within the designated areas or
within areas permitted under the tributer system.
iii. Ensuring compliance with the relevant or applicable Legislation, and
iv. Ensuring that illegal mining activities do not occur within the community.
3.3 PROCEDURE FOR ACQUISITION OF MINING LICENCE
To acquire a Small-Scale Mining or Community Mining Licence, an applicant will have to follow the procedures outlined below:
i. Identify an Area of Interest to apply for the Small-Scale Mining Licence, the applicant must identify an Area of Interest and inform the District Officer of the Minerals Commission with jurisdiction over the Identified
Area of Interest to determine whether it is suitable for small scale mining activities. The applicant is then advised when necessary to conduct a Cartographic/Cadastral Search at the
Minerals Commission’s cartographic section to ascertain whether the Area of Interest is free or encumbered.
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ii. Undertake Cartographic/Cadastral Search of Area
Applicants are advised to conduct searches and must submit such requests in writing to the Minerals Commission’s Cartographic/Cadastral Section to find out whether the Identified Area of Interest is free or is under a Mineral Licence.
Upon receipt of the Applicant’s request, the Cartographic Section of the Minerals Commission undertakes the following:
1. Determines the number of sectors covered by the Identified Area of Interest submitted by the Applicant
2. Generates an invoice for the Applicant to effect payment at the Accounts Section and presents evidence of payment
3. Generates a Cartographic/Cadastral Search Report for Applicant.
iii. Submission of Application
If the identified area of interest is free, an applicant purchases, completes and submits a Small-Scale Mining Licence Application Form with the following Supporting Documents to the
District Officer of the Minerals Commission:
(a) 20 copies of site plan
(b) Cartographic search report
(c) Types of Applicants:
1. Group made up of at least 10 members – 2 Passport Size Pictures of each member & a constitution of the group
2. Co-operative Society – Registration Certificate, Details of Members & Regulations.
vii Offer Letter
writing through the Minerals Commission of his/her disapproval.
Upon receipt of the Minister’s approval, the Applicant is issued an Offer Letter stating the following prescribed fees to be paid:
(a) Annual Mineral Right Fee to the Minerals Commission
viii Licence Agreement
(b) Annual Ground Rent to be determined by the Administrator of Stool Lands
After showing evidence of payment of the prescribed fees, the Minerals Commission prepares the Licence Agreement for the Applicant to endorse his/her part. The Minerals Commission then submits the licence agreement to the Sector-Minister to endorse his/her part on behalf of the Government of Ghana.
The Minerals Commission issues letters requesting the Applicant to obtain an Environmental and Water Use Permits from the Environmental Protection Agency (EPA) and Water Resources Commission (WRC), respectively.
ix Registration of Licence
x Secure Environmental and Water Use Permits On receipt of the signed Agreement, the Applicant is required to stamp and register it with the Lands Commission. Applicant is also required to swear an oath and obtain a Certificate of Proof from the High Court Registry.
Part two to continue…………