Cape Town - Australian geodata science company Searcher Seismic was at the Western Cape High Court on Monday to request reconsideration of the interim interdict that the court granted last week which ordered it to temporarily discontinue its seismic blasting off the West Coast, pending a hearing on March 7.
The interdict was granted after West Coast fishing communities, residents and civil society organisations alleged the Reconnaissance Permit, initially granted to conduct the seismic testing, was unlawful and that Searcher did not consult meaningfully with interested and affected parties.
The application brought forward by these groups was in two parts – wherein Part A sought an urgent interdict to lock the seismic survey pending Part B of the application, the legal challenge of the Reconnaissance Permit.
When asked for comment, Searcher said it was committed to conducting all operations in a lawful and environmentally responsible manner, and it worked with the Petroleum Agency of South Africa to ensure compliance with all legal requirements for the approval and operation of seismic surveys in South African waters.
Searcher said it’s Environmental Management Plan met the standards of both a full environmental impact assessment and a basic assessment, as specified in the National Environmental Management Act (Nema) and the Nema environmental impact assessment regulations.
“We believe the applicants’ concerns are more than adequately addressed in our answering affidavit and the expert affidavits, all of which confirm that there is no evidence to support the allegation that seismic surveys cause irreparable harm to the environment,” the company said.
However, civil society organisation We are South Africans founder Gilbert Martin said Searcher’s statements and affidavits regurgitated the same “scientific” evidence that was outdated and did not refer to the South African context.
After hearing Searcher’s plea to reconsider the interim interdict, Judge Daniel Thulare sided with communities in maintaining the interim interdict that was in place.
The Green Connection strategic leader Liz McDaid said the organisation was pleased with the outcome of the hearing, although it seemed tense at times, as Searcher Seismic’s senior counsel Jeremy Gauntlett brought issues forward – issues for the court’s determination that included whether the circumstances warranted the extreme urgency that was granted and where the applicants met the requirements of the interim interdict that was granted.
“The full hearing of the interdict will happen on February 24 instead of March 7, where we will hear whether the ban will remain in place,” McDaid said.
