Companies undertaking mining activities must submit environmental impact assessments to the EPA, including mitigation and management of adverse effects on the environment. The EPA may suspend, cancel, or revoke an environmental permit or certificate where a company fails to comply with mitigation commitments. The breaching company may also face a fine of up to GHS 2 million (and GHS 200,000 for each day the offence continues), imprisonment of up to one year, or both.

The board of the EPA may also serve a person responsible for an undertaking that poses a serious threat to the environment or to public health with an enforcement notice that outlines steps to prevent or stop the offending activities. Acting contrary to the enforcement notice is an offence that may attract a fine of up to GHS 3,000, a term of imprisonment of up to one year, or both.

The Water Resources Commission similarly may serve an enforcement notice where the use of water resources poses a serious threat to the environment or to public health, however the penalty is a fine of between GHS 180 and 3,000 (and GHS 60 for each day the offence continues), imprisonment of up to one year, or both.

Persons who unlawfully pollute or foul a water resource beyond the level that the EPA prescribes commit an offence and face a penalty of up to GHS 6,000, imprisonment of up to two years, or both.

For more insights on the Mining Sector check out our chapter in the the GLI Mining 2024 Guide here