Court battle fuels Shell Wild Coast backlash

D-Day tomorrow for decision on seismic blasting, protests planned along SA coastline

SA will have to wait a little longer to find out if Shell’s controversial seismic exploration along the Wild Coast can proceed.

After three hours of argument and bundles of documents handed in, acting judge Avinash Govindjee said he was aware of the urgency of the matter and would give judgment tomorrow.

Four environmental and human rights organisations had approached the Makhanda high court yesterday, seeking to interdict the seismic exploration from proceeding.

Representing Shell, advocate Adrian Friedman warned that if the interim interdict was granted, the company may well have to walk away from any subsequent possibility of extracting gas at huge cost to Shell and the strategic interest of SA, which required energy security.

He asked: “In circumstances where the survey was planned for months at a cost of millions, what justification has been provided to delay it at the very last moment?” Border Deep Sea Angling Association (BDSAA) and the Kei Mouth Ski Boat Club, together with human rights law agency Natural Justice and environmental warrior Greenpeace, want the court to stop seismic surveys under an exploration right first obtained in 2013.

It seeks an interim interdict pending the outcome of an application it would bring in early January to have the exploration right reviewed and set aside.

Friedman and advocate Albert Beyleveld SC, representing mineral resources minister Gwede Mantashe, accused the organisations of abusing court process by bringing the “hyperurgent” application the day the long-planned exploration was due to begin.

Advocate Willie Duminy SC, meanwhile argued that the four organisations had only learnt of the impending exploration at the end of October.

He said seismic surveying caused massive damage to the environment.

The Wild Coast was a particularly ecologically sensitive area and the impact was likely to be devastating.

Shell had failed to heed its own Environmental Management Programme report (EMPr) which recommended that seismic exploration be avoided in December due to humpback whale activity.

Duminy said Shell had fallen short in several of the requirements imposed by its own EMPr.

He argued that Shell had also failed to notify all interested and affected parties of the granting and renewal of the exploration rights, and the intention to act on it from yesterday.

This included all players in the fishing industry, of which only one out of the 11 identified had been notified.

Friedman denied that seismic exploration would cause environmental harm.

He said it had been conducted around the world about 35 times and there had been no negative impacts. He cautioned Govindjee against following the trend of forcing big companies to simply yield to supposed public interest.

Commenting on the court feud, Bay marine biologist Dr Lorien Pichegru said more research was necessary, but the evidence of problems caused by seismic surveys was already damning.

“The strongest evidence

comes from a June 2017 report which showed zooplankton is destroyed by seismic activity.

“Because this organism is the basis of the food chain, the scientific assumption is it will negatively affect many animals higher up the food chain.”

Pichegru and her colleagues proved later the same year in Algoa Bay that African penguins were also negatively affected by seismic surveys.

Their report showed how penguins foraging within 100km of seismic blasts were forced to move away from their preferred feeding grounds.

She said this interference with a species that was already endangered and struggling to survive could be fatal.

“The penguins came back after the surveys stopped but the added disturbance can be a nail in the coffin for endangered species.”

She said related to their findings, it was clear the noise caused by the seismic air gun was problematic for marine life.

“It’s clear that it interferes with the sounds that different species use to hunt, socialise and mate.”

She said another key point was that the original right awarded to Shell to explore off the Wild Coast and to CGG to explore between Plettenberg Bay and Algoa Bay was done in 2013.

“Today we know much more and there’s also an international renewed commitment to move away from fossil fuels highlighted by the recent 26th summit on climate change in Glasgow.

“Surely this should be considered?”

She said the stated commitment by Shell’s seismic survey partner, Shearwater GeoServices, to have monitors on board that would suspend seismic activity if marine animals were spotted in a 500m radius, to allow them to move away, was insufficient. “It may be good to minimise immediate harm to cetaceans but what about the life below surface that cannot be seen and the species like crustaceans that cannot move?”

With seismic surveys, air guns towed behind a research vessel fire into the water.

The powerful soundwave penetrates through the sea and into the seabed capturing information about gas and oil deposits before bouncing up again and returning this information to receivers on the surface.

According to Shell’s approved plan, the array on its seismic survey vessel, Shearwater GeoService’s Amazon Warrior, comprises 108 air guns.

They will fire 220-260 decibel blasts into the water every 10 seconds for four months.

Leading up to the urgent application, a range of conservation organisations, supported by public petitions, appealed to environment minister Barbara Creecy to intervene.

She said she could not as authorisation was granted by the Mineral and Petroleum Resources Act, which falls under the department of mineral resources and energy.

In terms of the authorisation, Shell’s seismic survey of the Wild Coast could have started yesterday.

Against this background, 18 protests are being planned at different spots along the Eastern Cape coast on Sunday.

The Gqeberha protest is being co-ordinated by Algoa Bay Ocean Stewards, a coalition of environmental organisations and ocean-based guide and sport businesses.

Co-organiser Gary Koekemoer of the Algoa Bay branch of the Wildlife and Environment Society said the hope was that members of the public would turn out in force to participate.

The event will take place from 9am at Shark Rock Pier on Sunday.