Small-scale fishers in court to stop West Coast seismic surveys

On Monday, fishers and environmental activists picketed outside the Cape High Court on the first day of a case against the government granting environmental authorisation for seismic surveys off the West Coast. Photo: Liezl Human.

• Small-scale fishing cooperatives and environmental organisations are seeking to overturn government approval granted to TGS Geophysical Company for a 3D seismic survey off South Africa’s West Coast.
• The applicants argue that key environmental assessments were missing or inadequately considered, and that the potential cumulative impacts on marine life and fishing livelihoods were not properly evaluated.
• Government respondents argue that seismic surveying is a longstanding, regulated, non-invasive activity that does not involve drilling and was approved following a comprehensive assessment process.

West Coast small-scale fishers and environmental organisations have taken the government to court over its decision to grant authorisation to TGS Geophysical Company for a seismic survey off the West Coast.

The applicants, which include the Aukotowa small-scale fishing cooperative based in Port Nolloth and environmental groups the Green Connection and Natural Justice, seek to set aside the authorisation granted by the Minister of Forestry, Fisheries, and the Environment (DFFE), the director-general of the Department of Mineral and Petroleum Resources (DMPR) and the Minister of Mineral and Petroleum Resources.

The 3D seismic survey uses sound waves to create images of the Earth’s subsurface for the purpose of oil and gas exploration.

About 50 people from West Coast fishing communities picketed outside the Cape High Court on Monday.

Aukotowa chairperson Walter Steenkamp said that fishers are concerned the surveys will affect fish patterns and impact their livelihoods. “It’s a danger to us fishers,” he said.

In court papers, the applicants say fishers have “observed their catches diminishing over the years” and seismic surveys’ “high-intensity acoustic pulses” risk harming marine life.

Advocate Nasreen Rajab-Budlender, for the applicants, argued that when the DMPR director-general decided to grant environmental authorisation, he did not have all the assessments and documents needed, such as the Basic Assessment Report and Environmental Management Programme, among others.

The applicants argue that the DMPR and DFFE did not consider all the relevant information, such as the requirements of the Integrated Coastal Management Act.

The applicants argue that the respondents had “insufficient information on cumulative impacts” of other exploration impacts in the same area, and that there were “gaps in knowledge” on the harmful impacts of seismic surveys on marine life.

Rajab-Budlender also said the needs and desirability assessment by TGS was “unbalanced”, since it “summarises positive aspects of the project but not the negative” environmental impacts.

Authorities respond

In their court papers, the respondents argue that “seismic surveying is a well-established and regulated activity that has been undertaken in South African waters for several decades under strict environmental controls and regulatory oversight.”

They assert that seismic surveying “is a non-invasive data-acquisition process”, which does not entail extraction or “exploration drilling”.

Advocate Niël du Preez, for the respondents, said the authorised activity is “precursor activity” for oil and gas exploration and does not include any drilling whatsoever.

In their court papers, the respondents argue that the applicants “effectively seek to reargue their internal appeal”. “This approach is fundamentally flawed and constitutes an impermissible attempt to convert a review into an appeal.”

The respondents dispute that the director-general did not consider all the relevant documents. Du Preez pointed out that the 2023 document outlining the director-general’s decision refers to the Basic Assessment Report and Environmental Management Programme at various points.

The assessment report substantively addressed the needs and desirability assessments, the respondents argue. It looks at the public participation process, socio-economic implications, and impact on coastal property. It also analyses the national energy policy, the Integrated Resource Plan, and Operation Phakisa (the government’s ocean economy plan), they said.

The matter will continue tomorrow with arguments by respondent TGS Geophysical Company.

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