Chinese Landing Impasse… Govt. issues another cease order

Jul 13, 2019 News

---

The Guyana Geology and Mines Commission (GGMC) has issued yet another cease work order against Wayne Vieira, a miner who holds a medium scale permit in Region One. This is according to Minister of State, Dawn Hastings.

A previous order had been struck down by the Caribbean Court of Justice (CCJ).
Minister Hastings said that the new order was issued after discussions with several officials, following complaints by representatives of Chinese Landing earlier this year.
The Toshao of Chinese Landing, Orin Fernandes, had held a press conference last May, and stated that the mining concession was issued to Vieira without the community’s free prior and informed consent (FPIC).
According to Sharon Atkinson, Vice Chair for the Moruca Sub-district Council, the concession was issued in 1995, after Vieira purchased prospecting permits to areas of the community’s land through an auction sale (lottery).
“GGMC converted those prospecting permits to mining permits, again without any notice to our community,” she had said back in May.
When asked yesterday what was done to treat with the concerns of the residents, Minister Hastings said, “I did meet with the Toshao and Councillors from Chinese Landing. Subsequently, we had another meeting with the Minister of Natural Resources whereby they came to the conclusion that the miner’s permit was ceased. The miner, at the moment, his working permit was ceased. He was given a cease order.”
Since the CCJ already struck down one cease order, the Minister was asked on what grounds this one was issued.
She said, “… some part of the mining concession that was granted to the miner falls between that. So that, in itself has breached the Constitution.”
“The cease order was granted by the GGMC, which is the authoritative body that looks after mining throughout the length and breadth of Guyana. And according to the Mining Act, it says if there is any breach of the mining act – you can be a legal owner of the mining permit – they have the right to give you a cease order. For example, if they found that you are polluting the water, or affecting the citizens, the GGMC can grant a cease order.”
The issuance of Indigenous lands without the FPIC of an Indigenous community is in breach of the Amerindian Act, not the Mining Act. This matter had been taken to the CCJ, Guyana’s final court of appeal, and the court had ruled against a cease order being issued on the very condition the Minister iterated.
The Minister was reminded of that. In response, she said, “If I may say, it’s similar to what CCJ has ruled on this No Confidence Motion. I want us to understand that Guyana has its own laws. Guyana is an independent country.”
In June, Minister Hastings had shown defiance of the CCJ’s ruling that the No Confidence Motion of December 21, 2018, was validly passed. She had said, “CCJ cannot rule; Guyana has its own institution… Guyana is an independent country with its own independent laws.”
Yesterday, the Minister went on to state, “We have authoritative bodies and agencies that look after the interests and the welfare of our people… What I can tell you is that some of the concession that has been granted to him is directly within that titled land.”
The Minister was then asked whether Government disregarded the CCJ’s ruling. She responded, “I did not say that.”
Kaieteur News contacted GGMC Commissioner Newell Dennison after the press conference to confirm that a cease order was issued to Vieira. Dennison said that he is unaware of such an order being issued to the miner, but added that he would have to check the Commission’s records to give a definitive answer.
In 2010, the Guyana Geology and Mines Commission (GGMC) issued Cease Work Orders against Wayne Vieira, after realising that the issuance of mining concessions to him violated the Amerindian Act, because it was done without the FPIC of the community.
Vieira had contended that the order was not validly issued nor was it retroactively validated by the Amerindian (Validation Commencement) Act 2010.
The CWO was issued on November 26, 2010 under the Mining Regulations. Vieira had made several attempts since 2009 to secure a new agreement with the Village Council. His efforts proved futile. The CWO was subsequently issued under the Mining Regulations because of the absence of an agreement with the Village Council, as was required under the Amerindian law.
According to the CWO, the Mines Officer deemed the stoppage to be ‘absolutely necessary’ for the maintenance of the public peace or for the protection of the State’s or private persons’ rights.
But Vieira moved to the High Court where he successfully challenged the decision to issue the CWO.
That Court determined that the order could only be issued in relation to breaches concerning the Mining Act and not the Amerindian law.
The Commission took the matter to the Court of Appeal and won, following which the miner appealed to the CCJ.
The Commission had argued that Vieira’s attempts to reach an agreement to mine the lands, and his argument that he was treated unfairly, were irrelevant as the organisation was required by law to automatically issue the order.
Vieira, on the other hand, contended that not only was his conduct and treatment relevant, but that the Mines Officer was not authorised to issue the CWO for a breach of any law other than the Mining Act.
Upon review of the Act, the CCJ determined that the Minister responsible for the Mining Act could not make regulations under that law with a view to aiding or enforcing the requirements of another law – the Amerindian Act. So Vieira retained his mining concession for the land.

---

---