EASTERN CAPE NEWS - 28 December 2021 marked a day of celebration for socio-environmental organizations and activists after Judge Gerald Bloem delivered a double-blow to the global fossil fuel industry in the Eastern Cape High Court in Makhanda.
Judge Bloem ordered the Dutch oil and gas giant Shell to stop its seismic surveying of the waters along South Africa's pristine "Wild Coast" with immediate effect and also ordered that Shell and Gwede Mantashe, Minister of Mineral Resources and Energy, are jointly and severally liable for the applicants' legal costs.
Judge Bloem based his judgement on the fact that affected communities that hold traditional rights, including fishing rights in the waters, were not properly consulted and that concerns about irreversible harm to marine life were "reasonable."
Socio-environmentalists acclaimed this ruling as the "power of the people" as it serves as a warning to the industry that, in a democracy, the people have the power.
Shell responded to the ruling by stating that they respect the court decision in relation to the Wild Coast survey and has suspended the survey while they review the judgement. They have subsequently announced that they have decided to terminate the contract for the survey vessel early, in agreement with the contractor, and that they are "looking ahead to a resolution of the outstanding legal case and considering the best way forward for the license in the longer term."
The Amazon Warrior has since left South African seas under the watchful eyes of socio-environmental activists.
Sadly, even though this battle has been won, the war against oil and gas is far from over.
It has come to light that there have been two more applications for Reconnaissance Permits in terms of Section 74 of the Mineral and Petroleum Resources Act. Searcher Geodata UK Limited and Spectrum Geo Limited are proposing to undertake speculative 2D and 3D seismic surveying to investigate for oil and gas reserves, covering a number of petroleum blocks off the South African West and South-West Coast.
The Petroleum Agency of South Africa has granted a Reconnaissance Permit on 9 November 2021 with an effective date of 6 December 2021.
The seismic survey will be conducted by the vessel BGP Pioneer and supported by vessel NBP Pioneer and will last for a period of 55 up to 180 days. It was confirmed that the BGP Pioneer research vessel is currently en route to the port of Cape Town and is expected to arrive there on 15 January 2022 when the seismic surveys are due to commence.
In addition, Minister of Forestry, Fisheries and the Environment, Barbara Creecy, has notified the public of her intention to amend the Section 24H Registration Authority Regulations of 2016.
The new Section 24H regulations propose that no person other than a Registered Environmental Assessment Practitioner may perform any tasks in relation to an appeal in terms of Section 43 of the Act.
In effect this means that ordinary South African citizens, including those affected by activities that are potentially harmful to the environment, will be prohibited form lodging an appeal. The proposed amendments were released on new years eve and comments are due within 30 days.
The Portfolio Committee on Mineral Resources and Energy will also be conducting public hearings on the proposed Gas Amendment Bill that was published in April 2021.
The Gas Amendment Bill has been open for comment since 25 June 2021 and several socio-environmental organizations have contested its claim to be sustainable, arguing that the development of the fossil fuel industry conflicts with necessary climate action and climate targets.
The dates for public hearings in Graaff-Reinet and Beaufort West have been scheduled for 18 January and 21 January respectively and the Support Centre for Land Change (SCLC) will be participating in these public hearings in support of vulnerable Karoo communities.
According to SCLC Director, Rosa-Linda Kock, the message is clear: "We do not need any more gas and therefore we do not need any Gas Bill."
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