The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Oil exploration opponents yesterday sought the Supreme Court's approval to add the Town Planning Committee as a "fourth respondent" in their challenge to Bahamas Petroleum Company's (BPC) drilling.

Waterkeepers Bahamas and the Coalition to Protect Clifton Bay, in moving to amend their initial Judicial Review action, argued that the planning regulator should be added because it has failed to order BPC to cease it activities in waters 90 miles west of Andros given the seeming absence of site plan approval.

Joe Darville, a director of both environmental groups, alleged in a December 29, 2020, affidavit that the Town Planning Committee is required by law to halt any projects that breach the planning laws - as he and his fellow activists claim BPC has done.

The oil explorer and its attorneys have argued that laws such as the Planning and Subdivision Act, from which the Town Planning Committee derives much of its authority, and the Conservation and Protection of the Physical Landscape of The Bahamas Act, do not apply to its project as they only cover land-based activities - not offshore oil drilling.

The activists, though, are disputing this and alleging that there has been a failure to grant site plan approvals and hold public consultation as required by the Act in relation to BPC's project.

While yesterday's Supreme Court hearing on the Judicial Review challenge was adjourned until today, Mr Darville also picked up on the inconsistencies between BPC's Environmental Impact Assessment (EIA) and its subsequent assertion that "unnecessary safety risks" will be created if the Supreme Court orders a halt to its activities mid-drilling.

"Contrary to [Simon] Potter's affidavit, where BPC claims that it has limited options for the company to suspend the drilling in safe way if it were ordered to do so by this court, the EIA dated February 14, 2020, already has an emergency response plan in place to stop drilling if required to do so," Mr Darville alleged.

"The response plan demonstrates that it would not be impossible or dangerous for BPC to stay its drilling pending the outcome of these proceedings. In fact, BPC can close the well and mobilise the drilling rig within one to three days from a 'stay' order."

Mr Darville was referring to a passage in BPC's EIA, first revealed by Tribune Business, where it says: "While BPC intends to drill outside of hurricane season to avoid potential disruption from hurricanes, the ERP (emergency response plan) will contain hurricane preparedness and response.

"In the event that the company is forced to drill during hurricane season, the company will follow standard industry practices for managing this risk (International Association of Drilling Contractor recommendations).

"For example, closure of the well and mobilisation of the rig to a safe area. Time required to close the well and mobilize the drilling rig is approximately one to three days depending on the operations underway at the time."

Simon Potter, BPC's chief executive, said in a subsequent affidavit filed with the Supreme Court that "significant and unnecessary health, safety and environmental risks" will be created if opponents now obtain a court-ordered halt to its oil drilling.

He added that the company and its Stena contractor had "limited options..... to suspend or abort the drilling" of its Perseverance One well in waters 90 miles west of Andros if environmental activists succeed with their Judicial Review challenge.

"Given that drilling has now commenced into the rocks below the seabed, implementing any of these options to suspend or abort drilling at this stage would all pose potentially severe health, safety and environmental consequences, in addition to extreme logistical challenges and financial ramifications," Mr Potter alleged.

Revealing that his assertions were based on a report from BPC's drilling manager, David Bond, he added: "By virtue of the options and concerns raised by Mr Bond in his memorandum, it is my belief that the drilling operations cannot be suspended without creating significant incremental, and unnecessary, health, safety and environmental risks.

"The drilling operations have been commenced and are being conducted in strict accordance with the environmental protocols established in the Environmental Impact Assessment (EIA) and Environmental Management Plan (EMP)," Mr Potter added.

Mr Darville, though, alleged yesterday that BPC's Environmental Management Plan (EMP) "further demonstrates the company's ability to stop any drilling under various circumstances, including very advanced drillings over much longer periods than where drilling stands at the date of swearing this affidavit". BPC is now in the tenth day of drilling its first exploratory well.