Gov’t bans mining in wooded area reserves; violators resist 25 years in jail – Life Pulse Daily
Editor-in-chiefDecember 18, 20254 Mins read56
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Government Bans Mining in Forest Reserves: Violators Face 25-Year Jail Term
Introduction
In a landmark move for environmental conservation, the Ghanaian government has officially revoked a controversial legislative instrument that previously allowed mining in protected forest reserves. As of December 10, 2025, the Environmental Protection (Mining in Forest Reserves) Revocation Instrument, 2025 (L.I. 2462) has matured into law. This decisive action strips the Executive branch of the power to authorize commercial mining within the country’s “green lungs.” Consequently, the legal landscape has shifted from regulated access to a total prohibition, backed by some of the harshest prison penalties in Ghana’s criminal code. This article breaks down the background, the legal implications, and the practical reality of this new ban.
Key Points
- Total Prohibition: The revocation of L.I. 2462 effectively bans all forms of commercial mining—both small-scale and large-scale—within forest reserves.
- Harsh Penalties: Violators now face a statutory jail term of 15 to 25 years and significant financial fines.
- Empowered Enforcement: The new law empowers the Military and Forest Rangers to arrest offenders on-site without needing to verify specific presidential permits.
- Civil Society Victory: The move is a direct response to sustained advocacy from environmental groups and the public against illegal mining (galamsey).
Background
The Controversy of L.I. 2462
For years, environmental activists described the previous regulation, Legislative Instrument 2462, as a “death warrant” for Ghana’s forest reserves. This instrument granted the President the discretion to permit commercial mining in protected zones under specific conditions. Critics argued that this created a significant legal loophole. By allowing the Executive to authorize mining in theory, it effectively undermined the practical protection of these sensitive ecosystems. The fear was that commercial interests would consistently override environmental safety, leading to the degradation of vital biodiversity areas.
Public Outcry and Advocacy
The path to this revocation was paved by months of intense national debate. Civil society organizations, including the Media Coalition Against Galamsey and the Ghana Environmental Trust, led the charge. They argued that the former regulations exacerbated the harmful effects of illegal mining, often referred to locally as “galamsey.” The public outcry was fueled by the visible pollution of water bodies and the destruction of vegetation, eventually prompting legislative action.
Analysis
From Regulation to Criminalization
The maturation of the Revocation Instrument on Wednesday, December 10, 2025, marks a fundamental shift in Ghana’s legal framework for natural resources. With L.I. 2462 consigned to history, the legal cover for mining in these zones has vanished. Without this instrument, any mining activity within a forest reserve is now treated as a high-level criminal offense under the Minerals and Mining (Amendment) Act, 2019 (Act 995).
The “No-Go Zone” Policy
The government’s stance is now unequivocal: forest reserves are “no-go zones” for mining. The Minister for Lands and Natural Resources, Emmanuel Armah-Kofi Buah, emphasized that this revocation is a cornerstone of the government’s renewed fight against illegal mining. The removal of executive discretion means that the law is now rigid. As one legal expert from the Ministry noted, “The law now recognizes no ‘approved’ mining in these zones. Anyone found with a shovel or an excavator in a wooded area reserve now risks spending a quarter of a century behind bars.”
Practical Advice
Understanding the New Penalties
It is essential for all stakeholders, including miners and investors, to understand the severity of the consequences. The Minerals and Mining (Amendment) Act has been fully triggered, and the penalties are designed to be a strong deterrent. Below is a breakdown of the statutory consequences:
| Offense Type | New Statutory Jail Term | Financial Penalty (Penalty Units) |
|---|---|---|
| Mining in Restricted Areas (Forests) | 15 to 25 Years’ Imprisonment | 10,000 to 15,000 |
| Foreigners Involved in Illegal Mining | 20 to 25 Years’ Imprisonment | 100,000 to 300,000 |
| Aiding and Abetting Mining in Reserves | 15 to 25 Years’ Imprisonment | Same as main offender |
Operational Changes for Enforcement
For those involved in land management and security, the practical advice is to rely on the new enforcement powers. The revocation empowers the Military and Forest Rangers to act decisively. They are now authorized to arrest and prosecute individuals found on-site without the administrative burden of verifying specific presidential licenses. If you witness activity in these reserves, you can report it directly to these empowered authorities.
FAQ
What exactly has been banned?
The government has banned all commercial mining activities within forest reserves. This includes both small-scale mining and large-scale enterprise operations.
Why was L.I. 2462 controversial?
L.I. 2462 was controversial because it gave the President the discretion to authorize mining in protected areas. Critics argued this created a loophole that allowed commercial mining to proceed, thereby endangering the country’s “green lungs.”
What are the consequences of mining in a forest reserve now?
Violators face a jail term ranging from 15 to 25 years, in addition to heavy financial fines ranging from 10,000 to 15,000 penalty units for individuals.
Does this affect foreign investors?
Yes. Foreigners involved in illegal mining in these zones face even stiffer penalties, including 20 to 25 years in prison and fines between 100,000 and 300,000 penalty units.
Who is responsible for enforcing this ban?
The Military and Forest Rangers have been empowered to enforce the ban. They can arrest offenders on-site without needing to check for specific permits.
Conclusion
The revocation of L.I. 2462 and the subsequent implementation of the total mining ban in forest reserves represents a historic pivot in Ghana’s environmental policy. By removing executive discretion and introducing draconian jail sentences, the government has signaled a zero-tolerance approach to activities that threaten the nation’s water bodies and biodiversity. This legal shift is not just a victory for civil society groups who campaigned for it, but a necessary step to secure the ecological future of the country. The message to the mining community is clear: the forest is a sanctuary, not a resource pit, and the price of violation is a lifetime in prison.
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