Lands Ministry orders owners of excavators to register with MMDAs

The Lands and Natural Resources Ministry has issued a directive for owners, users, or operators of excavators across the country to get them registered with the Metropolitan, Municipal and District Assemblies (MMDAs).

This new directive which is in line with section 100 (1) of the Minerals and Mining Act, 2006 (Act 703), is to help fight the menace of illegal mining, popularly known as ‘galamsey’ and to ensure effective and efficient implementation of the provisions of L.I. 2404.

It was contained in a press statement signed by the Lands and Natural Resources Minister, Samuel Abu Jinapor dated 24th October, 2022.

The release indicated that the registration exercise is expected to end across the country on Wednesday, November 2, 2022.

“All owners, operators and/or users of excavators in the country shall, within seven days of this notice, excluding weekends and statutory holidays, register their excavators with the Metropolitan, Municipal or District Assembly (MMDA) with jurisdiction over the area where the excavator is located,” portions of the release stated.

According to the release, during the registration, owners, operators or users of the excavators shall “specify the purpose for which the excavator is being used or is to be used and the area where the excavator is being used or will be used.”

MMDAs are also required, as part of the registration, to record the following:

• the name and particulars of the owner of the excavator;

• the date the excavator was brought into the country;

• the registration number of the excavator;

• the chassis number of the excavator;

• the purposes for which the excavator was brought into the country;

• the area where the excavator is expected to be used;

• the name and particulars of the current operator and/or user of the excavator; and

• any other particulars the MMDA may deem necessary;

According to the Lands and Natural Resources Ministry, any excavator not registered in accordance with this directive, whether found at a mining site or any other operational site or elsewhere, shall be seized and the necessary legal steps taken to confiscate same to the State.

“Notice is hereby given to the general public, and particularly owners, operators and/or users of excavators, as well as all MMDAs to ensure strict compliance with these directives,” it added.

Read the full statement below:

24th Octobe, 2022

PRESS RELEASE
FIGHT AGAINST ILLEGAL MINING: REGISTRATION OF ALL EXCAVATORS WITH METROPOLITAN, MUNICIPAL AND DISTRICT ASSEMBLIES ACROSS THE COUNTRY

WHEREAS illegal mining activities, popularly known as Galamsey, continue to pose a threat to our natural environment, particularly water bodies and forests;
WHEREAS following the National Consultative Dialogue, held on 14th and 15th of April, 2021, it was resolved by paragraph 13 of the Communique issued after the Conference, that “the Ministry of Lands and Natural Resources will take appropriate steps, legislative and/or executive action, as the case may be, to give effect to the set of measures arising from this Dialogue and approved by government”;
WHEREAS most of the devastation to water bodies and forests are caused by excavators used in illegal mining activities and the floating platform popularly referred to as “Changfang”;
WHEREAS Government has placed a ban on the manufacture, sale, use and/or dealings in the floating platform known as “Changfang”;

WHEREAS by the Minerals and Mining (Mineral Operations – Tracking of Earthmoving and Mining Equipment) Regulations, 2020 (L.I. 2404), the Minerals Commission is empowered to register and track all earthmoving and mining equipment used in mining operations; and
WHEREAS Government deems it expedient to register all excavators in the country to be able to determine those used for mining operations, for the purposes of L.I. 2404,

NOW THEREFORE in exercise of the powers conferred on the Minister responsible for Mines by section 100(1) of the Minerals and Mining Act, 2006 (Act 703), and to ensure effective and efficient implementation of the provisions of L.I. 2404, the following directives are issued:
All owners, operators and/or users of excavators in the country shall, within seven days of this notice, excluding weekends and statutory holidays, register their excavators with the Metropolitan, Municipal or District Assembly (MMDA) with jurisdiction over the area where the excavator is located;

For the avoidance of doubt, the deadline for the registration of all excavators in the country is by close of business on Wednesday, 2nd November, 2022;

An owner, operator and/or user of an excavator shall, at the time of registration, specify the purpose for which the excavator is being used or to be used and the area where the excavator is being used or will be used, as the case may be;

MMDAs shall, as part of the registration, record the following:

the name and particulars of the owner of the excavator;

the date the excavator was brought into the country;

the registration number of the excavator;

the chassis number of the excavator;

the purposes for which the excavator was brought into the country;

the area where the excavator is expected to be used;

the name and particulars of the current operator and/or user of the excavator; and

any other particulars the MMDA may deem necessary;

Any excavator not registered in accordance with this directive, whether found at a mining site or any other operational site or elsewhere, shall be seized and the necessary legal steps taken to confiscate same to the State;

The Minister for Local Government, Decentralisation and Rural Development, has been formally notified of these measures, and has directed all MMDAs to ensure strict compliance with same;

Notice is hereby given to the general public, and particularly owners, operators and/or users of excavators, as well as all MMDAs to ensure strict compliance with these directives;

The Ministry of Lands and Natural Resources wishes to reassure the general public that it will continue to take the necessary measures to protect our natural environment, particularly, water bodies, forests and lands, in a transparent and sustainable manner, anchored on integrity.

SIGNED
HON. SAMUEL A. JINAPOR, MP
MINISTER

Source: Ghana News