Government is examining the possibility of setting up a court to deal with mining matters, according to Minister of State Joseph Harmon.
“Going to court is wasting a lot of time and we were advised of the provision in the Act for a Mining Officer, which is a particular magistrate who is assigned to deal with mining matters… We will explore that possibility to ensure that a particular magistrate is designated for that purpose, even if it’s one day or two days a week to deal with mining matters so that these matters can be cleared up as quickly as possible…,” Harmon said at a luncheon celebrating the 36th anniversary of the Guyana Geology and Mines Commission (GGMC) last week. Harmon has ministerial responsibility for the GGMC.
According to a report from the Government Information Agency (GINA), Harmon had noted that at a meeting between President David Granger and the Guyana Gold and Diamond Miners’ Association (GGDMA) as well as several members of the GGMC, it was mentioned that there were many systems in place which were hampering the work and efficiency of the GGMC and the mining sector as a whole.
This, Harmon recalled, included the increasing number of court matters engaging the GGMC and the non-enforcement of existing laws governing the sector. “These are matters which, as a nation, we have to address because, in the view of many, there are too many injunctions, tied up injunctions… so the whole systems seem to be tied up by injunctions … and this is something we will have to address,” he was quoted as saying.
The statement said Harmon disclosed that government has given its commitment to ensuring that the GGMC operates in an environment which “unshackles all of these archaic rules and regulations and injunctions” that “tie up the Commission and make it an ineffective tool of the State.”
It said the new administration will be appointing a mining officer who will be responsible for dealing with regulatory issues.
“We believe that the protection of our natural resources, the national patrimony, is a serious responsibility which we have to exercise as a Commission. It is the intention of the government to provide the GGMC with the resources necessary to carry out duties in a fair and fearless manner,” Harmon said.
The issue of injunctions had come up in May when 10 miners died in a mining pit cave-in. Commissioner of the GGMC Rickford Vieira had told Stabroek News that the GGMC cannot file any charges over the May 17 Pepper Creek, Konawaruk mine collapse until the injunction obtained by operator Imran Khan against the regulatory agency prior to the incident is discharged.
He said given that 10 men died in the mine collapse, the GGMC thought that the police would have filed criminal charges as “that is outside our mandate.” The police have not filed charges.
Michael Gardener, 26; Brian Brittlebank, 46, of Wismar; Linden and Raymond August of Dartmouth, Essequibo; Leland Jones and his nephew Jason Trotman; father and son Glen aka Frank and Vic Bernard; Trevon Philips and Esmond Martin all perished after the pit rapidly caved in from the top, covering the crew and their equipment. The collapse saw the highest number of casualties in the mining sector in recent decades and raised numerous questions about safety in the industry and who should be facing criminal charges as a result.
The GGMC had said that a breach of standard safety practices led to the collapse of the mining pit and it was prevented from taking action against this illicit operation because of the injunction. According to the GGMC, the accident occurred due to 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 utilising the current method of mining.”
Khan had denied unsafe mining practices at the site and said he was disappointed that the GGMC was attempting to absolve itself of any responsibility. He said while the GGMC has stated that there were safety concerns at the mine, he was never informed of this by the commission. The GGMC had said that visits were made to the mine and attempts were made by the technical officers to advise/sanction the personnel at the site, but they were reminded of the injunction and therefore no further action could have been taken.
The GGDMA had said that the mining cave-in was due to criminal negligence on the part of the operator. According to a report by the GGDMA, the mining face and pit walls were too high and too steep, almost vertical in places and the operation was too close to the face and walls. It noted too that the walls were some 90 to 100 feet with no stepping. With the rain and with water jetting from two dredges, the ground became very saturated and the soil unconsolidated. As a result, there was general slump failure. The cave-in happened quickly, burying 10 of the workers and the equipment.
Meanwhile, Harmon said the GGMC must always put the country and its stakeholders first in its operations. He promised that new and improved systems will be put in place to ensure that the Commission is effectively managed.
