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Mining lands
(Kaieteur News) – President Irfaan Ali could have served Guyana better. He had to defer to the Guyana Geology and Mines Commission (GGMC).The GGMC itself could have burnished its reputation. For speaking out against practices involving the unauthorised sale and transfer of Guyana’s rich mining lands.
The GGMC is Guyana’s lead overseer of mining lands. Its houses some of Guyana’s experts on mining laws, and related rules and regulations. In its role as overseer, it must be on top of practices in the mining sector, and how those align with local laws, policies, and procedures. To its credit, the GGMC has issued an advisory that emphasises the process to be followed before recipients of mining lands can sell or transfer. We are glad that the GGMC released its cautionary statement. We question, however, why the GGMC did not address this before.
For months, we have been headlining developments involving huge tracts of Guyana’s mining lands passing from hand to hand, as if a normal practice. Apparently it is, especially when thousands of acres of mineral rich lands changes hands, without any petition to the GGMC, or written clearance from it. Canadian companies have benefitted immensely from their acquisitions of mining lands that follow this pattern. Also, two Australian firms have worked their way into control of massive plots of mining land. The GGMC has been treated as though it does not exist, has no reach, has no meaning. The Canadians and Australians seemingly have the formula that wins them new mining lands in bulk. The formula involves private transactions, wheeling-and-dealing in secret, and with Guyanese holders parting with coveted mining lands. Guyanese mining land holders have executed their transactions in the manner of those answerable to no one. These barterers could not have been more wrong.
The GGMC is not pleased with mining land developments, and how it has been treated. Disregard is not the word. Dismissive is closer to the reality of what has played out, more than once within the last year. It has fired what we interpret to be its first shot across the bow of those who take the Commission for granted. That is playing with fire, and a sure way to run into the crosshairs of its corrective actions. According to the GGMC’s advisory, unauthorised sale and transfers of mining land is “seriously engaging the attention” of its staff. It is watching and frowning. Dealing in private agreements, powers of attorney, and other instruments of sale, or purporting to be such, are not enough. There is a deficit that only interaction with the GGMC can resolve.
The GGMC then elaborated, so that its meaning is clear. “Tenure holders are therefore advised against the sale, assignment, or purported transfer of mining lands in circumstances where such transactions are not authorised under the applicable legal and regulatory framework.”
The translation is simple, and it encourages neither contradiction nor argument. In blunt language, stop engaging in the sale or transfer of mining holdings, without presenting the details of them to the GGMC first. It is not to be seen as an FYI (For Your Information) step and that is the end of the matter. Much more is involved than that courtesy. The GGMC’s review and approval is mandatory, and it is not after the fact, but before any change in holding or ownership takes place. The GGMC is applauded for the clarity and firmness of its position.
Against that context, it would have helped Guyana’s interests, if President Ali had consulted with senior public servants at the GGMC on these sales and transfers, before he responded to a related question from the media. Transfers of mining property may be a global practice, and not unique to Guyana. But there are processes and procedures to follow, and President Ali should know that. The GGMC has its oversight role, and President should know that, too. Sales and transfers of mining lands cannot be left to the exclusive judgement of such land holders, and President Ali has to know that, as a matter of routine. But this is what happens when politicians shove aside public servants and put on an exhibition for the cameras. Public institutions are disrespected, laws and rules are disregarded.
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