The Tribune

By YOURI KEMP

Tribune Business Reporter

ykemp@tribunemedia.net

A Supreme Court judge yesterday gave the go-ahead for a legal challenge aiming to halt oil drilling in Bahamian waters after finding activists had made out an "arguable case".

Justice Petra Hanna-Adderley, though, allowed the Bahamas Petroleum Company (BPC) to continue drilling its first exploratory, called Perseverance One, in waters 90 miles west of Andros after refusing to grant the stay demanded by Waterkeepers Bahamas and the Coalition to Protect Clifton Bay.

In a ruling that effectively allows both BPC and its environmental activist opponents to claim victory, the judge said the latter had a "low threshold to meet" to obtain the Supreme Court's permission for their Judicial Review to proceed. This, Justice Hanna-Adderley found, they have done, and she also ruled they have a "sufficient interest" to bring the action.

In particular, the judge said the activists and their attorney, Fred Smith QC, the Callenders & Co partner, had made an arguable case that BPC should have obtained site plan approval for its well from the Town Planning Committee under the Planning and Subdivisions Act. This is something the oil explorer appears to have failed to do.

Significantly, Justice Hanna-Adderley also found that the activists had created no disadvantage, or prejudice, to BPC and the Government by seeking to challenge the project's permits outside the six-month timeframe during which Judicial Review challenges are supposed to be heard under the Supreme Court rules.

This means the Judicial Review will be able to challenge both BPC's Environmental Authorisation (EA), which the Government granted in February 2020, as well as the first extension to the oil explorer's licence that was made in April 2020.

Justice Hanna-Weeks, though, did chastise the environmentalists for taking a “wait and see” approach over whether Romauld Ferreira, minister of the environment, would make good on his promise not to approve oil exploration in Bahamian waters. She said they should have proceeded with the application for Judicial Review as soon as they saw fit.

Aiden Casey QC, the Government's lead attorney, said he will come back to the court once he and his team have “digested the ruling” and reviewed the judge's reasons in full. Mr Smith did not object to the refusal of a stay that would have halted BPC's oil drilling.

Justice Hanna-Weeks also granted permission for the Town Planning Committee to be added to the proceedings as a respondent. All parties are expected back in court on January 14 for further hearings.