3 days ago
Western Cape High Court halts offshore drilling in landmark environmental ruling
The Western Cape High Court has halted offshore drilling in the South-West Coast known as Block 5/6/7, setting aside the environmental authorisation granted to TotalEnergies EP South Africa (Teepsa), which intended to transfer it to Shell.
Image: Supplied
The Western Cape High Court has halted offshore drilling in the South-West Coast known as Block 5/6/7, setting aside the environmental authorisation granted to TotalEnergies EP South Africa (Teepsa), which intended to transfer it to Shell.
It is a landmark and victory for The Green Connection and Natural Justice, which found serious flaws in the environmental impact assessment (EIA).
The matter under review was between The Green Connection and Natural Justice as applicants and the respondents being: Minister of Forestry, Fisheries and the Environment, Minister of Mineral Resources and Energy, Director General: Department of Mineral Resources and Energy, TotalEnergies EP South Africa block 567 (PTY) LTD, Shell Exploration & Production South Africa.
On Wednesday, Judge Mangcu-Lockwood's judgment called for the Department of Minerals and Petroleum to conduct fresh assessments, gather more information, and facilitate public participation.
This means that the South African government's approval of TotalEnergies EP South Africa's environmental authorisation to drill for oil and gas in offshore areas known as Block 5/6/7 along the South-West Coast has been set aside after it was challenged by the Green Connection and Natural Justice.
Together they argued that the approvals were given without properly considering the risks to the environment, people's livelihoods, and South Africa's climate commitments.
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According to court papers, the review application concerns the granting of an environmental authorization ('the EA') to Total in terms of the National Environmental Management Act 107 of 1998 ('NEMA'), for the purpose of conducting exploration drilling to determine whether geological structures contain oil or gas - fossil fuels - in potentially extractable amounts.
Mangcu-Lockwood ordered that the decision made by the Director General: Department of Mineral Resources and Energy on April 17 2023, granting environmental authorization to the fourth respondent (TotalEnergies EP) for exploratory operations in Block 5/6/7, is reviewed and set aside.
It further stated that the fourth respondent must be given the opportunity to submit new or amended assessments, as deemed necessary, to address the deficiencies identified in the review including that a public participation process.
Shahil Singh, Legal Advisor to The Green Connection, said the court found the Environmental Impact Assessment (EIA) failed to fully examine the consequences of a major oil spill on local and neighbouring coastal communities.
'Total and Shell will now need to undertake additional studies, make these plans publicly available, and properly assess both coastal and cross-border risks before any decision is taken,' said Singh.
The Green Connection's Strategic Lead, Liziwe McDaid said in response to the order: 'Our country's laws demand full, open, and honest assessment, not partial studies, not secrecy, and not ignoring inconvenient truths.
Natural Justice, Defending Rights Programme Manager, Melissa Groenink-Groves added: 'This judgment is a victory in the growing opposition to oil and gas exploration in our country. Recently, a number of oil and gas projects have been given Environmental Authorisation, but this judgment again confirms that companies must follow due process, undertake comprehensive assessments and provide communities with an opportunity to have their voices heard, in respect of all relevant information. It confirms that our fight for our environmental rights is strong, and that we must continue for the future for our children. Get your news on the go, click here to join the Cape Argus News WhatsApp channel.
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