Dear Editor,
Miners are being advised to form syndicates in order to be awarded mining lands by the government, and special concessions. According to the press statements from the Junior Minister Simona Broomes, this is to stop illegal mining, ie granting an amnesty to those who should have been charged for breaching the mining laws and regulations.
Without prejudice to the above, implementing a system whereby mining lands are made available to persons in the mining industry, has been in place since the mid ʼ90s and is normally managed by a committee established in law, by the minister responsible for mining for specific periods. As a consequence, over the years mining communities received lands, syndicates were formed and lands awarded. For example, small miners in 1994 were allowed 90 days to locate claims in designated closed and state reserve areas. The facts are, many awardees, despite the good intentions of the GGMC sold their properties as soon as they could.
The record over the years demonstrates that the fairest and most transparent way to distribute land is the lottery system; the problem was that most of the lands identified did not have any data, nor were they accessible, nevertheless this is the only transparent way to ensure equity.
The system of awarding properties by lottery/auction was amended last year, and a new strategy was implemented whereby only a chosen few, following an interview process received blocks; this was done without informing the general public of the criteria for same, a recipe for favourtism which will lead to problems in the not-too-distant future.
Without belabouring the point I would like to state the following:-
- a) The mining industry is governed by the Mining Act Chapter 65:01 and the Mining Act 1989.
- b) The process to acquire a licence is stated, whether it is a prospecting licence, mining licence, claim licence, etc.
- c) Who qualifies for the licence is also clearly stated, ie Guyanese/foreigner, joint ventures, partnerships, individuals, companies, etc.
In addition, there are the Mining Regulations (20 of 1989) made under the Act. Any regulations or amended regulations have to be signed by the gazetted minister responsible for mining; this cannot be delegated to anyone else, and must be published in the Official Gazette (Legal Supplement).
I trust that the law will be followed, and since the awarding of lands to syndicates is a special provision being extended to assist persons who want to mine but have no lands, the appropriate clauses would be put in place to ensure that licences are non-transferable and only the licencees can work the land.
Further I say not, in the meantime the industry eagerly awaits for government to adumbrate its mining policy.
Yours faithfully,
Edward Shields
Executive Director (Ret’d)
GGDMA
