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Reviewable Grounds for non-Compliance with Prescripts in re Seismic Survey Administrative Action
The scramble by foreign companies for the utilization of South African coastal waters often brings to the fore relationships between man and the environment, wholly envisaged in section 24 of the South African Constitution 108 of 1998 where the right to a protected environment and the right to socio-economic development in this ongoing case developed into two core issues. Firstly, the promotion of a sustainable livelihood that constructs, rehabilitates and protects the natural environment along the Wild Coast - with interested groups such as residents, members of councils, those whose land was previously dispossessed, a fisherman with a family, a local co-op, attorneys acting for Climate and environmental Justice NPC, Greenpeace and those acting in the public interest; secondly, in dispute was our own governmental department of Mineral Resources and Energy who had granted Shell Exploration, Impact Africa and BG International a technical co-operation permit to conduct its seismic Survey for oil and gas reserves beneath our Eastern Coast waters. Impact applied for an exploration right to inter alia use the seismic survey for its operations and after extensive legal action to the contrary, the Minister responsible for managing activities along the coastal waters was required to draw up an exploration program with extended regulations and criteria that the Minister would consult with the interested parties and remit a clear statement of Administrative Action going forward.

The honourable Court, in addressing the threshold for reviewable grounds for the permit, stated in terms of section (6)(2)(b) of PAJA*, the Court was imbued with power to review an administration action where legal prescripts were not complied with. We do note the case [at this point 8 December 2023] has gone up to the Supreme Court of Appeal, as yet unheard. Vide Sustaining the Wild Coast NPC & Others v Minister of Mineral Resources & Energy & Others 3491/2021 [2022] ZAECMKHC 55. *Promotion of Administrative Justice Act 3 of 2000. CLT comments - it has a chilling effect that an entire coastline of flora, many lives, families, businesses and marine life could be affected by a mere desktop report without thorough research over years being implemented. We await further developments.

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