Page 4 - AfrOil Week 49 2021

AfrOil COMMENTARY AfrOil

Amazon Warrior seismic vessel (Photo: Shearwater GeoServices)

Shell wins court battle

over seismic survey

The super-major has been cleared to start collecting 3D seismic data

off the Eastern Cape after judge rejects environmental groups’ court bid

A South African high court dismissed an urgent been adequate public participation when the
application to block Royal Dutch Shell (UK/ exploration right was issued.
WHAT: Netherlands) from proceeding with a seismic In their court filing, the applicants argued
A South African judge has survey off the Eastern Cape coast last week, that irreparable damage would be done to the
not granted a request to thereby allowing the survey to commence. environment if the survey were allowed to go
block a seismic survey The court refused to interdict the seismic ahead, as the exploration area contains four
project. survey on the basis that “irreparable harm” marine parks and a pristine coastal area. But
to marine species had not been proved. The they also put forward that Shell did not have the
WHY: ruling was delivered by acting judge Avinash environmental authorisation under South Afri-
Four environmental Govindjee at the Eastern Cape Division of the ca’s National Environmental Management Act
groups had mounted an Makhanda High Court on Friday, December 3. (NEMA) to proceed with the survey.
urgent last-minute effort On November 29, the environmental law The applicants asked that the seismic sur-
to block exploration firm Cullinan & Associates filed an urgent vey, which will take place off the coast between
work in an ecologically
sensitive area. application to block Shell seismic survey des- Morgans Bay and Port St Johns, be halted until a
tined for South Africa’s Wild Coast on behalf of judicial review of Shell’s environmental author-
WHAT NEXT: four environmental and human rights organisa- isation is complete.
Both supporters and tions – Greenpeace Africa, Natural Justice, the
opponents of oil and gas Border Deep Sea Angling Association and the Judge’s ruling
developments are citing Kei Mouth Ski Boat Club. It did so amidst public Govindjee responded by expressing doubts
ESG considerations. outrage over the planned seismic survey. as to whether the applicants would succeed in
The groups argued that the survey would do reviewing and setting aside the grant in 2014 of
irreparable harm to the area’s environment and the exploration right because of how much time
marine life and questioned whether there had had elapsed since then.

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