Latest news with #NationalEnvironmentalManagementAct107
IOL News
4 days ago
- Business
- IOL News
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. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ 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. Cape Argus
The Citizen
14-06-2025
- General
- The Citizen
Concerns raised over river causeway
A group of concerned residents are hoping to find answers and a permanent solution to the ongoing environmental issues at the Amahlongwa River lagoon in Scottburgh. Crookes Brothers Limited (CBL) and certain local farmers are being blamed, with locals saying they have demonstrated 'a blatant disregard for the health of the ecosystem'. 'In addition to this natural challenge, human intervention has worsened the situation,' said Neil Lamble on behalf of the group. 'Local farmers and sand miners continue to rebuild gravel causeways over the river on CBL property to access their sugarcane fields and mining operations. However, these structures repeatedly wash away under heavy rains, depositing vast amounts of sand, rocks, and other debris into the river.' This cycle is believed to repeat itself seven to eight times a year. As a result, large sandbanks are forming within the lagoon, threatening to transform the once-thriving waterway into a barren sandflat. 'Although we acknowledge that the causeway has the right to exist, the manner in which it is being rebuilt several times in an average year is clearly in violation of the relevant environmental law which is being ignored,' he added. The residents stated that they urged those responsible to either remove the causeway or to construct a permanent, stable causeway that can withstand severe weather conditions. They also believe that CBL should rehabilitate the damage they have done to the river over decades. 'Immediate intervention is necessary to prevent irreversible harm to our lagoon and the biodiversity it supports. We cannot allow our natural heritage to be eroded by negligence and indifference.' Kennett Sinclair, CEO of CBL acknowledges concerns regarding sedimentation in the river. 'Comprehensive findings from two separate experts that CBL proactively sought to gain legal and science-based insight into the situation indicate that these challenges are not the result of CBL's actions,' he said. In 2023, CBL obtained legal counsel from an independent environmental and spatial planning expert, Dr Jeremy Ridl, who confirmed that matters concerning the causeway are governed primarily by the National Water Act 36 of 1998 and more broadly by the National Environmental Management Act 107 of 1998. 'The legal opinion affirmed that the causeway – constructed approximately 120 years ago, predating both Acts – remains a lawful structure.' He also noted, 'In view of the length of time that the causeway has been in place, it is possible that the river system and estuary have adapted to accommodate the causeway, and its removal may have a negative impact on the river, the estuary and the adjacent banks.' Based on the recommendation to assess the current and future impact of the causeway that year, CBL voluntarily commissioned an independent study by SDP Ecological and Environmental Services, entitled Causes and Effects of Sedimentation Identified in the aMahlongwa Estuary reviewed by Simon Bundy. 'This report – available for review by interested parties – found that the shifting sandbar formations in the lower estuary are consistent with natural changes typical of small estuarine systems,' explained Sinclair. 'While the causeway in the upper estuary has a minor effect on erosion and sediment transport, the study concluded that its long-standing presence is unlikely to significantly influence overall sedimentation patterns.' CBL would like to place on record that they have not reconstructed the causeway for three years, as it serves no operational function for the company. 'Reports suggesting reconstruction refer instead to third parties, such as sand miners, who use the structure for access. CBL is not involved in these activities and these activities are neither authorised nor controlled by CBL, as the organisation has no legal basis to prevent such access.' Regarding the observed increase in sedimentation in recent years, the SDP Ecological and Environmental Services report attributes this primarily to elevated rainfall and upstream sand mining operations. Although the impact of sand mining is described as minor, it is noted to have a cumulative effect. The presence of mixed sediments upstream strongly suggests a direct link to these external activities. CBL has shared both the legal opinion and the SDP Ecological and Environmental Services study, with the sand mining operators and the Amahlongwa River Group. * While CBL is the only entity named by the complainants, none of the issues highlighted are attributable to CBL directly or indirectly. HAVE YOUR SAY Like the South Coast Herald's Facebook page, follow us on Twitter and Instagram At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
