The Guyana Geology and Mines Commission today said that legal action against it prevented it from taking action against an illegal mining pit in which as many as 11 persons died on Sunday.
The GGMC statement follows:
Mining Accident in Pepper Creek, Konawaruk
On the 8th August 2013, the Guyana Geology and Mines Commission (GGMC) received a complaint from Mr. Edward Hopkinson, owner of mining permits H-78/MP/000 and H-79/MP/000 that Mr. Imran Khan, the operator, was mining on one his property without the necessary approval. The Commission conducted an investigation on 11th August 2013 and found that they were several breaches in compliance with the mining regulations and the complaint by Mr. Hopkinson was substantiated. Two legal documents, a Ceased Work Order and an Order to Remove within 48 hours were issued.
On the 21st August 2013, Mr. Imran Khan obtained an Injunction against Mr. Hopkinson and the Guyana Geology and Mines Commission. The relevant portion of the Injunction which applies to GGMC states the following:
“IT IS FURTHER ORDERED that the Second Defendant, THE GUYANA GEOLOGY AND MINES COMMISSION by themselves, their servant and or agents whosoever are restrained AND an interim injunction is hereby granted restraining the Second Defendant whether by themselves, their servants or agents whosoever or howsoever or otherwise from interfering with the Plaintiff’s use SD No. 12126, SD No. 12127, SD No. 12128 and SK Kobelco Excavator in accordance with the Agreement between the plaintiff and the Defendant on the 20th May 2013 and permission issued pursuant to regulation 149(1) of the Mining Regulations until the hearing and determination of a summons returnable for the 10th September 2013 at 9am to continue this injunction….”
The summons in the matter has not been determined. Therefore, the injunction has continued and been in force against GGMC since 21st August 2013. The Guyana Geology and Mines is thus prohibited from interfering with the mining operation of the Plaintiff.
On the 1st April 2015, a team of officers from the Commission were inspecting operations in the Pepper Creek, Konawaruk area and found the mine operated by Mr. Khan was unsafe and breached several aspects of the Mining Regulations. Attempts were made by the technical officers to advise/sanction the personnel at the site, but they were reminded of the injunction and as such, legally, no further action could have been taken.
On the 18th May 2015 at 08:00, GGMC’s personnel arrived on the site to conduct an investigation into the fatal mine accident that occurred on the 17th May 2015 and concluded that the accident occurred due the collapsing of two sides of the mine pit. The operator failed to adhere to standard safety practices when mining is progressing beyond 50 feet in depth. Further, the pit limits were too narrow to allow for safe operation utilizing the current method of mining.
It is important to note that when the courts grant such Injunctions, the Guyana Geology and Mines Commission is prevented from carrying out its lawful functions of monitoring and inspecting mining operations within the sector, which regrettably, led to the demise of the ten miners.
Interventions were sought by the Senior Management of the Commission to have this situation reviewed, that would allow the Commission to have a hearing before any mining related injunction is granted. Although this was supported by the Ministry of Natural Resources and the Environment and the Board of Directors, nothing substantial was done, as such, the situation remains the same. There are several other injunctions outstanding against the Guyana Geology and Mines Commission.
