By Lehlohonolo Lehana.
File Photo:Researchers found that seismic air gun blasts could be heard nearly 2,500 miles from the survey vessel.
The high court has dismissed an urgent application to block Shell from proceeding with a seismic survey off the Eastern Cape coast.
The ruling was delivered by Judge Avinash Govindjee at the Eastern Cape Division of the Makhanda High Court on Wednesday.
Earlier this week, four environmental and human rights organisations – Greenpeace Africa, Natural Justice, the Border Deep Sea Angling Association, and the Kei Mouth Ski Boat Club – filed an urgent application to block the seismic survey, given the alleged harm it would case to the environment and marine life.
The applicants wanted the seismic survey – which will take place off the coast between Morgans Bay and Port St Johns – to be halted until a judicial review of Shell’s environmental authorisation is complete.
Shell and the Department of Mineral Resources and Energy – the respondents in the matter – both argued that the applicants failed to demonstrate urgency.
In his ruling, Govindjee said that he was satisfied that there was no “undue delay” in bringing the application – as the applicants were only made aware of it on 29 October.
The applicants had also challenged the public participation process, claiming that not all interested and affected parties were notified about the exploration right granted to Shell, nor of the two subsequent renewals that followed.
Shell, on the other hand, filed supplementary affidavits on Thursday indicating that “hundreds” of interested and affected parties were notified, including two applicants: Border Deep Angling Association and the Kei Mouth Ski Boat Club.
In his ruling, Govindjee said that Shell has provided details on compliance with its Environmental Management Programme and the mitigation measures that would be in place for the survey.
The surveying ship, the Amazon Warrior has already been spotted in the Eastern Cape ready to look for potential oil or gas deposits.
The seismic survey is being conducted pursuant to an economic imperative, to the benefit of the entire country, of energy security. The applicants allege that irreversible harm will be suffered, without explaining what that means.