Two small-scale gold miners are threatening to take legal action against the Ministry of Natural Resources and the Guyana Geology and Mines Commission (GGMC) over a decision to seize control of several mining claims, more than 18 months after the miners, through their consortium, had received validation from the Commission.
Through their attorney, Siand Dhurjon, the miners – Milton Brandford and Ayudhia Narain – have written the Minister of Natural Resources and the Commissioner of GGMC demanding that the Commission processes 32 claim licenses in their favour.
In the letter dated October 12, the businessmen said they have rightful possession to the claims, and therefore have the right to occupy them.
According to the letter, significant work was done by the businessmen to develop the lands ahead of the application process.
“Identification, prospecting and related works on the lands in respect of these claims commenced in April 2023. From then to date my clients have expended very considerable investments towards realizing the potential of the land. These investments were necessary to see the mobilization of heavy equipment, the establishment of camps and the sustenance of my clients’ labour force. Boards were mounted and lines were appropriately cut so as to facilitate the requisite applications at the GGMC for the said 32 claim licenses made in June 2023,” the Attorney explained.
It was noted that the necessary fees were paid to the GGMC to cover 32 applications after the GGMC indicated that the areas were available.
According to the Attorney, the GGMC initiated the verification process in accordance with the Mining Regulations. It was successfully executed in July of this year, but the process of issuing the licenses was left hanging due to a failure by the Commission to issue the claims, and have the licenses published in the official Gazette.
“To date, no such publication or any steps in furtherance of issuing the claim licenses have been taken by the GGMC,” the Attorney said.
According to the Attorney, the situation made a turn for the worse when on the 19th July, 2023, the GGMC, ordered the miners to remove from the claim area on the grounds that they were “not permitted to work at the time of the order.’
“It should be noted that no specific contravention in law or fact was identified by the GGMC at any time. However, under the law, until a decision was made issuing or refusing such claim license, my clients had every entitlement to work the ground located on the claim in respect of which they had duly complied with all of the pertinent statutory provisions and regulations,” Dhurjon said.
To resolve the issue, the miners met with both the Minister and Commissioner back in August. However, they were told the area was “closed for all mining except large scale mining operations.”
In a subsequent meeting, the Natural Resources Minister reportedly made an offer to settle the matter with the miners by offering to “to give” them “any 5 of the 32 claims and 3 blocks in any closed area.”
By August 8, 2023, the Minister issuing a gazette order “that there shall be no prospecting or mining for any mineral within the area described in the schedule PROVIDED THAT the Minister may direct that prospecting or mining operations shall be carried on only by the government or by a public corporation or by a corporate body in which controlling interest vests in the State or in any agency on behalf of the State.”
The order covered the 32 claims. The miners were subsequently ordered to vacate the lands.
In a statement on October 21, the miners indicated that the lands were abandoned on March 31, 2023 and were said to be available for exploration by the miners.
The miners have warned that they will move to the Court if the process of finalizing their application is not reopened.
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