A breach of standard safety practices led to the collapse of a mining pit at Konawaruk on Sunday which claimed 10 lives and the mines body yesterday said it was prevented from taking action against this illicit operation around six weeks ago because of a court injunction.
In a statement yesterday, the Guyana Geology and Mines Commission (GGMC) said that following May 17th’s tragedy at Pepper Creek, (Region Eight), GGMC personnel travelled to the area on the 18th May 2015 to investigate. The statement said that GGMC personnel 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.”
This particular operation had been under scrutiny by the GGMC. Its statement yesterday said that on the 8th August 2013, it received a complaint from Edward Hopkinson, owner of mining permits H-78/MP/000 and H-79/MP/000 that Imran Khan, the operator, was mining on one of his properties without the necessary approval. The Commission said that it conducted an investigation on 11th August 2013 and found that there were several breaches in compliance with the mining regulations and the complaint by Hopkinson was substantiated. Two legal documents, a Cease Work Order and an Order to Remove within 48 hours were issued by the GGMC.
However, the GGMC said that on the 21st August 2013, Khan obtained an injunction against Hopkinson and the GGMC.
The two were prohibited from interfering with the Plaintiff’s use of 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 with respect to regulation 149(1) of the Mining Regulations until the hearing and determination of a summons set for the 10th September 2013.
The GGMC said that the summons in the matter has not been determined up to now. Therefore, the injunction has continued and been in force against GGMC since 21st August 2013. The GGMC is therefore prohibited from interfering with the mining operation of the Plaintiff.
On the 1st April 2015, GGMC said that a team of officers from the Commission were inspecting operations in the Pepper Creek area and found the mine operated by Khan was unsafe and breached several aspects of the Mining Regulations. It said that 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 no further action could have been taken.
“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”, the GGMC said.
It added that interventions were sought by the Senior Management of the Commission to have this situation changed to allow the GGMC 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 and the situation remains the same.
It noted that there are several other injunctions outstanding against the GGMC.
