Mining, Galamsey And The Environment

LEGAL MINING IN GHANA

The 1992 Constitution (Constitution) provides the foundation for legitimate mining operations, providing in article 257(6) that the state owns ‘every mineral in its natural state.' The minerals are ‘vested in the President on behalf of, and in trust for, the people of Ghana.' Although the President is the trustee-agent of the minerals, article 269(1) vests the responsibility for regulating and managing mineral utilisation, and coordinating mineral-related policies in the Minerals Commission (MinCom) established by Parliament. Further, any transaction involving mineral exploitation requires parliamentary ratification.

The Minerals and Mining Act, 2006 (Act 703), as amended governs the mining industry. Mining is lawful in Ghana only where the Minister for Lands and Natural Resources (Minister), acting with MinCom, has duly authorised it and Parliament has ratified the resulting transaction.