Audio By Carbonatix
Former Minister for Lands and Natural Resources, Samuel Abu Jinapor, has affirmed that the opposition New Patriotic Party (NPP) Minority in Parliament supports the repealing of the Legislative Instrument (L.I.) 2462.
According to him, the Minority is fully prepared to back President John Mahama’s promise to repeal this Act, as the erstwhile Akufo-Addo-led administration had planned to do.
Speaking on JoyFM Top Story, Mr Jinapor stated, “His Excellency the President will have his wish. L.I. 2462 will be repealed. The Minority in Parliament will support him for the L.I. to be repealed. The Minority Leader said so clearly.”
He stated that removing L.I. 2462 alone would not prevent mining in forest reserves.
According to him, the Constitution and Act 703 provide the legal framework for such activities, and mining continues in forest reserves under current regulations.
“I contend that the claim or suggestion that repealing this L.I. is what will stop the minister or the president from granting mining licenses in forest reserves is, with the greatest respect, erroneous. That’s not what will do that,” he clarified.
He explained that L.I. 2462 was originally introduced to regulate the granting of mineral rights in forest reserves and protect critical areas such as biodiversity zones, protected lands, and cultural heritage sites.
However, repealing the L.I. would not eliminate the government's power to authorise mining in these areas.
According to Mr Jinapor, all minerals in Ghana are vested in the President under Article 257(6) of the Constitution, and the Minister for Lands and Natural Resources exercises this power on behalf of the President under Act 703.
Therefore, removing L.I. 2462 would not restrict mining in forest reserves but rather remove limits on the government’s discretion to approve it.
"The repeal of L.I. 2462 does not preclude the Minister for Lands from granting licenses or rights for persons or companies to mine in forest reserves.
"On the contrary, it takes away the fetter. It gives you unfettered mandate and authority to grant mining in almost all parts of our country, including biodiversity areas, and protected areas," he stressed.
Mr Jinapor called for a more comprehensive discussion on regulating mining in forest reserves, stressing the need for a structured approach to achieve the intended environmental protection goals.
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