Bahamas Petroleum Share Discussion Threads

[specialist protector] 18/11/2020 23:31

Buy buy buy. Cheap Cheap cheap cheap 👏👏👏👏8176;💰ԁ76;💰💰;💰💰💰💰

[specialist protector] 18/11/2020 23:30

Mmmmmmmmm............




As of Wednesday, November 18, 2020

* Activists to launch BPC legal challenge in 14 days
* Will seek injunction unless voluntary halt agreed
* Say Gov't failed to follow lawful approval process
By NEIL HARTNELL Tribune Business Editor

#
[e-mail]

#
Environmental activists last night threatened to initiate legal action against the Government and Bahamas Petroleum Company (BPC) within 14 days unless the latter halts its oil exploration plans.

#
Fred Smith QC, the Callenders & Co attorney and partner, fired off multiple letters to the Prime Minister, Cabinet ministers and relevant government agencies warning that his clients will seek to obtain a Supreme Court injunction blocking BPC's activities until such time as the merits of their Judicial Review are determined.

#
Acting on behalf of the Our Islands, Our Future group, as well as Waterkeeper Bahamas and a "coalition" of unnamed "Bahamian citizens, local businesses and local and international environmentalists", Mr Smith argued that the approvals granted to BPC breached assurances given by Dr Hubert Minnis, were contrary to the nation's international obligations, and did not follow legally-mandated processes.

#
In a letter to BPC's chief executive, Simon Potter, which was sent just hours after it revealed the vessel hired to drill its first well is poised to leave the Canary Islands for The Bahamas before end-November, Mr Smith urged the company to avoid the need for an injunction battle by giving a voluntary "undertaking" not to proceed with the project.

#
"We... invite you to undertake not to proceed with the project until such time as a full and proper public consultation process has taken place," the Callenders & Co attorney urged Mr Potter.

#
"We hereby put you on notice that absent a satisfactory response within 14 days to this letter or to our letters sent today to the [government], we are instructed by our client to apply to the court for leave to bring Judicial Review proceedings."

#
These, Mr Smith said, will focus on challenging the Government's February 2020 decision to approve BPC's Environmental Impact Assessment (EIA), and subsequently issue its Environmental Authorisation (EA), "without proper consultation or at all". It will also tackle similar issues with what he described as BPC's revised EIA.

#
"As part of this Judicial Review application we will be seeking an injunction preventing you from embarking on the project pending final determination of the Judicial Review," he told Mr Potter. "To obviate the need to obtain such an injunction, we therefore invite you now to undertake not to proceed with the project until the final determination of any Judicial Review challenge launched by our clients."

#
The move threatens to throw a last-minute wrench into BPC's plans to spud its first exploratory well, Perseverance One, in Bahamian waters just before Christmas 2020. The oil explorer, in an update issued yesterday, said Stena Drilling, providers of its drill ship, had formally notified it that the vessel will begin operations on December 15.

#
"BPC anticipates that it will take four to five days from this start date for the rig to be provisioned, loaded and then transitioned to the drilling location for spud of the well," the oil explorer said yesterday. However, that timeline for a project BPC says it has invested more than $100m on over the past 13 years, has now been thrown into doubt at the last minute if Mr Smith and his clients are successful.

#
Any Supreme Court-enforced delay could prove extremely costly to BPC and its shareholders, including the Bahamian investors who also recently bought into the company via a private placement.

#
Reaction to the efforts of Our Islands, Our Future and its environmental partners is likely to be mixed given that the issue of oil exploration in Bahamian waters is highly divisive. Some view it as a potential 'game changer' that the Bahamian economy desperately needs, and can ill-afford to ignore, post-COVID-19 especially if commercial quantities of extractable oil lie below the seabed.

#
Advocates argue that The Bahamas simply cannot pass up the potential of a multi-million dollar windfall following the fiscal and social hardship inflicted by the pandemic, especially since there are few other economic diversification opportunities on the immediate horizon.

#
The project's opponents, though, have always voiced scepticism about BPC's ability to pull-off the project. Many have also expressed fears for the environment, and the industries that rely upon it - especially tourism and fishing - were any oil-related accidents to occur. They also argue that an oil exploration industry is not compatible with fighting the very climate change now impacting The Bahamas.

#
Meanwhile Mr Smith, in a separate letter to Romauld Ferreira, minister of the environment and housing, said that "owing to assurances given by the Prime Minister" and himself "our clients had a legitimate expectation that the BPC EIA and EA would not be approved or granted".

#
Suggesting that the Government's approvals were incompatible with its international environmental obligations and the treaties it has committed to, the QC also queried whether BPC had met the requirement in the Petroleum Act's accompanying regulations that it "satisfy" any issues raised by those affected by its potential activities before submitting an EA application.

#
"This is of particular interest given that you granted EA to this project without notice to Our Islands, Our Future nine months after you gave unequivocal assurances to representatives of Our Islands, Our Future and other environmental organisations that there would be no oil drilling in The Bahamas," Mr Smith told Mr Ferreira.

#
"It seems clear to us that neither BPC nor your department engaged in any, or any proper, public consultation in relation to the EIA or the project..... There has been a complete failure to fulfill the public consultation obligation in relation to this project. Doubtless as a result of this failure, the BPC EIA is a woefully inadequate document."

#
BPC has repeatedly refuted allegations that there has been little to no consultation with Bahamian stakeholder groups, citing meetings it has held with numerous fishing communities and other potentially affected parties in Andros and throughout the Family Islands.

#
Mr Smith, meanwhile, zeroed in on reports that BPC's EIA is being updated due to the interruptions caused by COVID-19 and the change of drill ship. Noting that the regulations accompanying the Petroleum Act require changes to an EA-approved project to be granted by the minister, meaning Mr Ferreira, he queried whether this had happened.

#
Arguing that the EIA would have to be resubmitted, and a new EA application made by BPC, Mr Smith suggested its Stena IceMAX drill ship "will not be able to begin drilling" until these documents were approved and a fresh round of public consultation had taken place.

#
"To this end we request that you suspend the EA and re-open the EIA process to allow proper public consultation to take place," he argued, while also requesting that the Government clarify whether BOC has been issued with a Certificate of Environmental Clearance (CEC) as required by the Petroleum Act.

#
"If a CEC has not been issued, please provide an assurance that a CEC will not be issued without our clients having an opportunity to make representations in relation to the project in general, and the EIA and Environmental Management Plan in particular," Mr Smith added.

[jcgswims] 18/11/2020 22:43

Let's keep it civil please, before things get out of hand.

[alistair4444] 18/11/2020 22:25

THE TRIBUNE

Wed 18th November

Bahamas Petroleum

BPC chief: 'We're looking to get on with job'

#* Aiming to settle outstanding licence fees

#* Consultants to be posted on drilling vessel

#By NEIL HARTNELL

#Tribune Business Editor

#[e-mail]

#A Bahamas-based oil explorer yesterday said it will "pay double the royalties that the law provides for" to the Government should it strike success when exploratory drilling starts in less than a month.

#Simon Potter, Bahamas Petroleum Company's (BPC) chief executive, speaking before the threatened legal challenge by environmental activists emerged (see other article on Page 1B), told Tribune Business that the company and Bahamian government will enjoy an equal 50/50 share of any proceeds should it discover commercial quantities of oil in this nation's waters.

#Asserting that BPC's activities could produce up to a $5bn revenue windfall for the Government over the project's 10-20-year life, depending on the volume of oil found beneath the seabed, he reiterated the "tremendous difference" this could make to an economy afflicted by the ravages of COVID-19.

#With BPC yesterday revealing that the Stena IceMAX vessel hired to drill its Perseverance One exploratory well is poised to leave the Canary Islands for The Bahamas by November's end, in preparation for a December 15, 2020, operational start, Mr Potter told this newspaper: "We're looking forward to getting on with the job we've been trying to do for the last ten years.

#"The royalty structure is embodied in law and the licence. The law establishes a royalty that we have to pay for the production of oil and gas, and the licence we signed provides more royalties on top of that.

#"It doubles the amount of royalties we'd pay under the law. We agreed with the government many years ago to pay more royalties than the law provides for. Depending on the volume of oil it could double the royalties."

#BPC’s existing commercial terms with the Government involve a ‘sliding scale’ of royalty fees, with the rates tied to production (the daily volume of oil, measured in per barrel terms) that is extracted from Bahamian waters.

#The royalty rates range from a low of 12.5 per cent for 75,000 barrels per day to a peak of 25 per cent for 350,000 barrels per day or more, with a production licence granted for 30 years.

#And, using a market price of $80 per barrel of oil, BPC has said that once production costs - equal to around $40 of this sum - are taken out, the remaining $40 would be "split 50/50 between us and the Government".

#While the discovery of commercial oil quantities remains an 'if', with much now depending on the results of BPC's exploration activities, Mr Potter again defended royalty rates and terms which have come under fire previously from some observers who believe they provide too little to the Bahamian people.

#The BPC chief, who previously told this newspaper that the payments it faces are “30 per cent higher” than those paid by Gulf of Mexico oil drillers, pointed out that the company had taken on all the risk by investing more than $100m to-date just to reach the well-drilling stage without the Government parting with a single cent.

#And, given that The Bahamas is effectively 'virgin' oil exploration territory, with no well dug for more than 25 years, Mr Potter said comparisons with the rates paid in established oil producers such as Trinidad & Tobago were not like-for-like.

#"There's no financial risk to the Government," Mr Potter reiterated. "We have to bear the contributed capital burden of exploration, appraisal and development. That's the business we're in. We understand the rules of the game, and it's important to establish the rules of the game beforehand.

#"That's the contract we signed with the Government. They contracted with us to explore, they contracted with us to drill a well, and in the event of success the Government and ourselves know who is getting what."

#BPC, in its statement yesterday, said a successful Perseverance One strike will "substantially de-risk" a structure that extends for between 70 and 80 kilometres below the seabed, "has a mapped areal closure of over 400 square kilometres, and has a 'best estimate' aggregate recoverable resource potential in excess of two billion barrels".

#"Perseverance One is a potentially basin-opening well, with the kind of scale and associated value uplift exposure rarely offered outside of oil majors," Mr Potter argued. "At the same time, our activities, in the event of success, have the capacity to be economically transformative for the nation of The Bahamas, and could ultimately contribute billions of dollars in royalty revenues to the national treasury at a time when the dual impact of recent hurricanes and the COVID-19 pandemic has been especially hard-felt by most Bahamians.

#"Many other nations in the region such as USA, Mexico, Trinidad and Tobago, Suriname and Guyana have over the past decade safely and responsibly drilled offshore wells, developed or continue to develop offshore hydrocarbon resources, and reaped the economic benefits of an established or a whole new industry. Moreover, these other nations have been able to do so at the same time as seeing growth and development of existing industry sectors, such as tourism."

#Mr Potter told Tribune Business that BPC's efforts could produce "$5bn in revenue over the 10-20-year life of the project depending on the volume we find", and added: "This is a resource to the nation, and could make a tremendous difference to the revenue base of the economy and generate significant revenues over the life of the project.

#"With the economy struggling it could be a huge help to many and all Bahamians. What a difference it would be if we established this as a resource base for the economy."

#Mr Potter added that BPC was still working with the Government to resolve the licence fees payable for its second exploration period. "We're still in discussions, that's the best thing to say there," he said.

#"I think it's one thing we'd like to get settled. We've paid licence fees in advance in good faith in the last few years although we've been unable to further activity with the licence. But it's our obligation and we're prepared to stand up."

#BPC yesterday said the Perseverance One well, which will be drilled in waters some 90 miles to the west of Andros, close to the maritime boundary with Cuba, is "targeting recoverable prospective resources of 0.7 billion barrels of oil, with an upside of 1.44 billion barrels".

#With the Royal Bahamas Defence Force and US Coastguard briefed on the drill ship's operating and safety procedures, the oil explorer added that the Department of Environmental Planning and Protection has now been briefed on the precise well location as well as having issued further unspecified approvals.

#To provide further environmental safeguards, BPC said officials from Black & Veatch, the US-based consultants that assisted the Government with assessing the company's applications, will be present on the drill ship to provide a further layer of oversight during the 45-60 day drilling period.

#"The well site is located within the Santaren Channel, a deep-water seaway that is already a major oil transhipment thoroughfare through which oil super-tankers pass daily carrying millions of barrels of crude oil to oil facilities in The Bahamas and beyond," BPC said

#"The Bahamas is already a significant player in the international oil industry, home to some of the world's largest oil storage facilities. The Perseverance One well site is located more than 90 miles from the nearest inhabited Bahamian islands, and over 40 miles away from the nearest uninhabited Bahamian islands...

#"In accordance with the requirements of BPC's licences, BPC has formally notified the Bahamian Department of Environmental Protection & Planning (DEPP) as to the precise well location, as well as the specific details and technical specifications in respect of the Stena IceMAX drill ship, and has obtained the DEPP's consent to same," it added.

#"BPC is currently working with the Government of The Bahamas' appointed third-party expert adviser, international environmental consultants Black & Veatch, on a number of technical items relating to the Perseverance One drilling programme.

#"As agreed with the Government of The Bahamas, one or more Black & Veatch experts will be stationed onboard the Stena IceMAX during drilling operations, and will oversee the entire drilling programme, with a specific mandate to observe and report on specific tasks, activities and operations, including observing the baseline seafloor survey and testing of drilling fluids to ensure compliance with mandated safety requirements; oversight of environmental compliance activities during drilling activities and thereafter during decommissioning and abandonment activities; and monitoring drilling practices, procedures and activities to assure compliance with the Environmental Impact Assessment (EIA) and Environmental Management Plan (EMP)."

[alistair4444] 18/11/2020 22:13

No worries from me, but traders will be all over this including our very own extremely positive on BPC poster Pro, who posts tirelessly when time permits

I think next apart from the Rainbow Warrior only 850-ton ship taking on the 60,000 ton Stena Icemax think this would be a no brainer who would come out on top.

Like someone else said last time Greenpeace messed with a rig in Spanish waters...



However, if you care to read the following you will see a threat in 14-days of a legal challenge to BPC Perseverance drill being thrown right out of court!


In accordance with Bahamian law and the terms of BPC's licences, as a precursor to drilling operations, BPC was required to prepare and submit a comprehensive Environmental Authorisation to the Government of The Bahamas, inclusive of a detailed Environmental Impact Assessment and Environmental Management Plan. This was reviewed for the Government of The Bahamas by independent third-party industry experts, and certified to be in compliance with not only all applicable Bahamian laws and regulations but consistent with all applicable international standards, guidelines, regulations and global best practice. Following that review, BPC's proposed drilling program for Perseverance #1 was approved by the Government of The Bahamas, and Environmental Authorisation was granted. The approvals obtained relate specifically to the drilling of Perseverance #1, such that in the event of success, drilling of any subsequent wells in The Bahamas will be subject to a separate and equally exhaustive approvals process.

The drilling program for Perseverance #1 is expected to take between 45-60 days, and will be undertaken on a 'tight-hole' basis - an industry protocol (and one required by the Government of The Bahamas) whereby real-time well information and drilling results will generally be kept confidential until the conclusion of drilling and testing procedures, and until any appropriate notifications to Government representatives have been made. The well has been designed specifically as an exploration well, with the sole objective of establishing the presence of hydrocarbons through a range of tests that will be conducted as the well is drilled. Perseverance #1 has not been designed to ever operate as a production well, such that at the conclusion of the drilling program the well will be permanently sealed and then abandoned.

Bridging documentation necessary to the proposed drilling campaign has been agreed between Stena Drilling and BPC. Accordingly, the well plan is complete, and a mobilisation plan has been agreed between all parties and is currently being enacted.

· A 'Drill the Well on Paper' exercise is scheduled to take place on 23 November 2020. This is an industry standard pre-operations readiness exercise, and involves active participation from representation of BPC, Stena Drilling, all major contractors, and nominated advisers/observers from the Government of The Bahamas.

As previously announced, BPC has placed an extensive suite of insurance policies to cover drilling operations for Perseverance #1, including an appropriate well control policy. This is as required under the terms of BPC's licences in The Bahamas, and is in accordance with global best practice standards. The insurance placement, arranged by leading global insurance agent Aon UK Ltd, followed an extensive independent third-party review of BPC's well plan, design and risk mitigation policies. The insurance placement is with a panel of insurers comprising of Lloyd's of London and International Company markets (with all meeting local Bahamian insurance regulations), all of which have a financial rating of "A" or higher from Standard & Poor's. The policy utilises internationally recognised wordings and complies with BPC's contractual obligations, including cover levels considerably in excess of those stipulated as being required by the Government of The Bahamas.

Safety and environmental management systems have been finalised and documented along with bridging documents into Stena Drilling's systems and Safety Case. BPC's incident response systems and procedure will be tested/verified prior to commencement of drilling by OSRL, the Company's contracted response specialists, through the organisation of an extensive desktop exercise simulating an incident requiring an emergency response. This exercise will include participation of BPC management and operating staff, the rig operations team, domestic Bahamian authorities, and multiple invited governmental agencies from across the region.

In accordance with the requirements of BPC's licences, BPC has formally notified the Bahamian Department of Environmental Protection & Planning ("DEPP") as to the precise well location, as well as the specific details and technical specifications in respect of the Stena IceMAX drillship, and has obtained the DEPP's consent to same. BPC is currently working with the Government of The Bahamas' appointed third-party expert adviser, international environmental consultants Black & Veatch, on a number of technical items relating to the Perseverance #1 drilling program.

As agreed with the Government of The Bahamas, one or more Black & Veatch experts will be stationed onboard the Stena IceMAX during drilling operations and will oversee the entire drilling program, with a specific mandate from the Government of The Bahamas to observe and report on specific tasks, activities and operations, including observing the baseline seafloor survey and testing of drilling fluids to ensure compliance with mandated safety requirements, oversight of environmental compliance activities during drilling activities and thereafter during decommissioning and abandonment activities, and monitoring drilling practices, procedures, and activities, to assure compliance with the program Environmental Impact Assessment (EIA) and Environmental Management Plan (EMP).

Government

BPC has received formal confirmation from the Government of The Bahamas that the Second exploration period of BPC's licences will now extend beyond mid-April 2021, to expire at the end of June 2021, given the ongoing impact of the coronavirus pandemic force majeure. That said, because the proposed drilling program is anticipated to be between 45-60 days, BPC expects to complete all well activities considerably prior to even the previous mid-April 2021 date.


no worries from me, all shipshape, after all the losers opposing QC only looking for his very large fat fee.

[whoppy] 18/11/2020 21:52

Threats of legal action without any legal basis all sounds dodgy. Requesting a voluntary undertaking to not proceed with the project is laughable considering no evidence has been presented. A judicial review must be applied for promptly. The time window for any judicial review has been missed. Talk about trying it on.

[specialist protector] 18/11/2020 21:44

Not only BPC is bankrupt - they have no extraction rights and now environmentalists have stopped the drill.


BUY BUY BUY CHEAP CHEAP CHEAP. SOON IT WILL BE 150P. Get in there. Huge buy orders coming tomorrow.

[specialist protector] 18/11/2020 21:42

Hahahahaha HAHAHHAHA hahhahahah Idiot in the dark are clueless - no idea what and why? Hahahahaha Hahahhahahah Hahhahahah Hahahhahahah

I love my idiots ❤️ 084;️❤️

[eggchaser] 18/11/2020 21:38

Oh look a raw nerve touched. I never said they all did nososmart - you implied they never do... do keep up old boy the emphasis being on old.It might also pay you to research the time frames around a legal challenge nososmart not doing so well.Quite ironic you posting on a oil E&P thread when you have sailed with the tree huggers - still at least the French had their way of dealing of such things...Time you went on filter as you are clearly here to disrupt and not an investor long or short... I suspect you are sat in their ship as you type..Toodlepip old boy... don't cry too hard into your lentils..

[pro_s2009] 18/11/2020 21:16

As I said.......when this comes down to the sharp end.........the anti-drillers are going to try everything, everything they can......to stop this drill happening.

As I said......BPC was a great ride up and down when they were just talking about farm outs and drilling...........at this point its arrived, now its the sharp end - do or die in terms of CLN, funding, drilling, protests etc...

[linton78] 18/11/2020 21:15

Pro - please refer to my earlier comment on your thread. Thank you.

[pro_s2009] 18/11/2020 21:12

Mmmmmmmmm............




As of Wednesday, November 18, 2020

* Activists to launch BPC legal challenge in 14 days
* Will seek injunction unless voluntary halt agreed
* Say Gov't failed to follow lawful approval process
By NEIL HARTNELL Tribune Business Editor

#
[e-mail]

#
Environmental activists last night threatened to initiate legal action against the Government and Bahamas Petroleum Company (BPC) within 14 days unless the latter halts its oil exploration plans.

#
Fred Smith QC, the Callenders & Co attorney and partner, fired off multiple letters to the Prime Minister, Cabinet ministers and relevant government agencies warning that his clients will seek to obtain a Supreme Court injunction blocking BPC's activities until such time as the merits of their Judicial Review are determined.

#
Acting on behalf of the Our Islands, Our Future group, as well as Waterkeeper Bahamas and a "coalition" of unnamed "Bahamian citizens, local businesses and local and international environmentalists", Mr Smith argued that the approvals granted to BPC breached assurances given by Dr Hubert Minnis, were contrary to the nation's international obligations, and did not follow legally-mandated processes.

#
In a letter to BPC's chief executive, Simon Potter, which was sent just hours after it revealed the vessel hired to drill its first well is poised to leave the Canary Islands for The Bahamas before end-November, Mr Smith urged the company to avoid the need for an injunction battle by giving a voluntary "undertaking" not to proceed with the project.

#
"We... invite you to undertake not to proceed with the project until such time as a full and proper public consultation process has taken place," the Callenders & Co attorney urged Mr Potter.

#
"We hereby put you on notice that absent a satisfactory response within 14 days to this letter or to our letters sent today to the [government], we are instructed by our client to apply to the court for leave to bring Judicial Review proceedings."

#
These, Mr Smith said, will focus on challenging the Government's February 2020 decision to approve BPC's Environmental Impact Assessment (EIA), and subsequently issue its Environmental Authorisation (EA), "without proper consultation or at all". It will also tackle similar issues with what he described as BPC's revised EIA.

#
"As part of this Judicial Review application we will be seeking an injunction preventing you from embarking on the project pending final determination of the Judicial Review," he told Mr Potter. "To obviate the need to obtain such an injunction, we therefore invite you now to undertake not to proceed with the project until the final determination of any Judicial Review challenge launched by our clients."

#
The move threatens to throw a last-minute wrench into BPC's plans to spud its first exploratory well, Perseverance One, in Bahamian waters just before Christmas 2020. The oil explorer, in an update issued yesterday, said Stena Drilling, providers of its drill ship, had formally notified it that the vessel will begin operations on December 15.

#
"BPC anticipates that it will take four to five days from this start date for the rig to be provisioned, loaded and then transitioned to the drilling location for spud of the well," the oil explorer said yesterday. However, that timeline for a project BPC says it has invested more than $100m on over the past 13 years, has now been thrown into doubt at the last minute if Mr Smith and his clients are successful.

#
Any Supreme Court-enforced delay could prove extremely costly to BPC and its shareholders, including the Bahamian investors who also recently bought into the company via a private placement.

#
Reaction to the efforts of Our Islands, Our Future and its environmental partners is likely to be mixed given that the issue of oil exploration in Bahamian waters is highly divisive. Some view it as a potential 'game changer' that the Bahamian economy desperately needs, and can ill-afford to ignore, post-COVID-19 especially if commercial quantities of extractable oil lie below the seabed.

#
Advocates argue that The Bahamas simply cannot pass up the potential of a multi-million dollar windfall following the fiscal and social hardship inflicted by the pandemic, especially since there are few other economic diversification opportunities on the immediate horizon.

#
The project's opponents, though, have always voiced scepticism about BPC's ability to pull-off the project. Many have also expressed fears for the environment, and the industries that rely upon it - especially tourism and fishing - were any oil-related accidents to occur. They also argue that an oil exploration industry is not compatible with fighting the very climate change now impacting The Bahamas.

#
Meanwhile Mr Smith, in a separate letter to Romauld Ferreira, minister of the environment and housing, said that "owing to assurances given by the Prime Minister" and himself "our clients had a legitimate expectation that the BPC EIA and EA would not be approved or granted".

#
Suggesting that the Government's approvals were incompatible with its international environmental obligations and the treaties it has committed to, the QC also queried whether BPC had met the requirement in the Petroleum Act's accompanying regulations that it "satisfy" any issues raised by those affected by its potential activities before submitting an EA application.

#
"This is of particular interest given that you granted EA to this project without notice to Our Islands, Our Future nine months after you gave unequivocal assurances to representatives of Our Islands, Our Future and other environmental organisations that there would be no oil drilling in The Bahamas," Mr Smith told Mr Ferreira.

#
"It seems clear to us that neither BPC nor your department engaged in any, or any proper, public consultation in relation to the EIA or the project..... There has been a complete failure to fulfill the public consultation obligation in relation to this project. Doubtless as a result of this failure, the BPC EIA is a woefully inadequate document."

#
BPC has repeatedly refuted allegations that there has been little to no consultation with Bahamian stakeholder groups, citing meetings it has held with numerous fishing communities and other potentially affected parties in Andros and throughout the Family Islands.

#
Mr Smith, meanwhile, zeroed in on reports that BPC's EIA is being updated due to the interruptions caused by COVID-19 and the change of drill ship. Noting that the regulations accompanying the Petroleum Act require changes to an EA-approved project to be granted by the minister, meaning Mr Ferreira, he queried whether this had happened.

#
Arguing that the EIA would have to be resubmitted, and a new EA application made by BPC, Mr Smith suggested its Stena IceMAX drill ship "will not be able to begin drilling" until these documents were approved and a fresh round of public consultation had taken place.

#
"To this end we request that you suspend the EA and re-open the EIA process to allow proper public consultation to take place," he argued, while also requesting that the Government clarify whether BOC has been issued with a Certificate of Environmental Clearance (CEC) as required by the Petroleum Act.

#
"If a CEC has not been issued, please provide an assurance that a CEC will not be issued without our clients having an opportunity to make representations in relation to the project in general, and the EIA and Environmental Management Plan in particular," Mr Smith added.

[linton78] 18/11/2020 21:08

Have a look at this ... a proper piece of kit...



This is heading to the Bahamas 🇧🇸

[pro_s2009] 18/11/2020 21:06

I dont think BPC have paid the license fees either yet.......some outstanding payments.........I wonder whether that will become an "issue" resulting in a "delay" again.............

[linton78] 18/11/2020 21:06

:-)

There’s no debate, Judge Linton has dismissed this Greenpeace case.

“Snooze and you lose” was the final ruling by Mr Linton citing case law.

[pro_s2009] 18/11/2020 21:06

Mmmmmmmmmm



Last-Ditch Threat To Oil Exploration


As of Wednesday, November 18, 2020


#
* Activists to launch BPC legal challenge in 14 days

#
* Will seek injunction unless voluntary halt agreed

#
* Say Gov't failed to follow lawful approval process

#
By NEIL HARTNELL

#
Tribune Business Editor

#
[e-mail]

#
Environmental activists last night threatened to initiate legal action against the Government and Bahamas Petroleum Company (BPC) within 14 days unless the latter halts its oil exploration plans.


#
Fred Smith QC, the Callenders & Co attorney and partner, fired off multiple letters to the Prime Minister, Cabinet ministers and relevant government agencies warning that his clients will seek to obtain a Supreme Court injunction blocking BPC's activities until such time as the merits of their Judicial Review are determined.

#
Acting on behalf of the Our Islands, Our Future group, as well as Waterkeeper Bahamas and a "coalition" of unnamed "Bahamian citizens, local businesses and local and international environmentalists", Mr Smith argued that the approvals granted to BPC breached assurances given by Dr Hubert Minnis, were contrary to the nation's international obligations, and did not follow legally-mandated processes.

#
In a letter to BPC's chief executive, Simon Potter, which was sent just hours after it revealed the vessel hired to drill its first well is poised to leave the Canary Islands for The Bahamas before end-November, Mr Smith urged the company to avoid the need for an injunction battle by giving a voluntary "undertaking" not to proceed with the project.

#
"We... invite you to undertake not to proceed with the project until such time as a full and proper public consultation process has taken place," the Callenders & Co attorney urged Mr Potter.

#
"We hereby put you on notice that absent a satisfactory response within 14 days to this letter or to our letters sent today to the [government], we are instructed by our client to apply to the court for leave to bring Judicial Review proceedings."

#
These, Mr Smith said, will focus on challenging the Government's February 2020 decision to approve BPC's Environmental Impact Assessment (EIA), and subsequently issue its Environmental Authorisation (EA), "without proper consultation or at all". It will also tackle similar issues with what he described as BPC's revised EIA.

#
"As part of this Judicial Review application we will be seeking an injunction preventing you from embarking on the project pending final determination of the Judicial Review," he told Mr Potter. "To obviate the need to obtain such an injunction, we therefore invite you now to undertake not to proceed with the project until the final determination of any Judicial Review challenge launched by our clients."

#
The move threatens to throw a last-minute wrench into BPC's plans to spud its first exploratory well, Perseverance One, in Bahamian waters just before Christmas 2020. The oil explorer, in an update issued yesterday, said Stena Drilling, providers of its drill ship, had formally notified it that the vessel will begin operations on December 15.

#
"BPC anticipates that it will take four to five days from this start date for the rig to be provisioned, loaded and then transitioned to the drilling location for spud of the well," the oil explorer said yesterday. However, that timeline for a project BPC says it has invested more than $100m on over the past 13 years, has now been thrown into doubt at the last minute if Mr Smith and his clients are successful.

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Any Supreme Court-enforced delay could prove extremely costly to BPC and its shareholders, including the Bahamian investors who also recently bought into the company via a private placement.

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Reaction to the efforts of Our Islands, Our Future and its environmental partners is likely to be mixed given that the issue of oil exploration in Bahamian waters is highly divisive. Some view it as a potential 'game changer' that the Bahamian economy desperately needs, and can ill-afford to ignore, post-COVID-19 especially if commercial quantities of extractable oil lie below the seabed.

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Advocates argue that The Bahamas simply cannot pass up the potential of a multi-million dollar windfall following the fiscal and social hardship inflicted by the pandemic, especially since there are few other economic diversification opportunities on the immediate horizon.

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The project's opponents, though, have always voiced scepticism about BPC's ability to pull-off the project. Many have also expressed fears for the environment, and the industries that rely upon it - especially tourism and fishing - were any oil-related accidents to occur. They also argue that an oil exploration industry is not compatible with fighting the very climate change now impacting The Bahamas.

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Meanwhile Mr Smith, in a separate letter to Romauld Ferreira, minister of the environment and housing, said that "owing to assurances given by the Prime Minister" and himself "our clients had a legitimate expectation that the BPC EIA and EA would not be approved or granted".

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Suggesting that the Government's approvals were incompatible with its international environmental obligations and the treaties it has committed to, the QC also queried whether BPC had met the requirement in the Petroleum Act's accompanying regulations that it "satisfy" any issues raised by those affected by its potential activities before submitting an EA application.

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"This is of particular interest given that you granted EA to this project without notice to Our Islands, Our Future nine months after you gave unequivocal assurances to representatives of Our Islands, Our Future and other environmental organisations that there would be no oil drilling in The Bahamas," Mr Smith told Mr Ferreira.

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"It seems clear to us that neither BPC nor your department engaged in any, or any proper, public consultation in relation to the EIA or the project..... There has been a complete failure to fulfill the public consultation obligation in relation to this project. Doubtless as a result of this failure, the BPC EIA is a woefully inadequate document."

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BPC has repeatedly refuted allegations that there has been little to no consultation with Bahamian stakeholder groups, citing meetings it has held with numerous fishing communities and other potentially affected parties in Andros and throughout the Family Islands.

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Mr Smith, meanwhile, zeroed in on reports that BPC's EIA is being updated due to the interruptions caused by COVID-19 and the change of drill ship. Noting that the regulations accompanying the Petroleum Act require changes to an EA-approved project to be granted by the minister, meaning Mr Ferreira, he queried whether this had happened.

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Arguing that the EIA would have to be resubmitted, and a new EA application made by BPC, Mr Smith suggested its Stena IceMAX drill ship "will not be able to begin drilling" until these documents were approved and a fresh round of public consultation had taken place.

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"To this end we request that you suspend the EA and re-open the EIA process to allow proper public consultation to take place," he argued, while also requesting that the Government clarify whether BOC has been issued with a Certificate of Environmental Clearance (CEC) as required by the Petroleum Act.

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"If a CEC has not been issued, please provide an assurance that a CEC will not be issued without our clients having an opportunity to make representations in relation to the project in general, and the EIA and Environmental Management Plan in particular," Mr Smith added.



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[eggchaser] 18/11/2020 21:00

Lol from the swamp....Ps love this....RE: Legal ChallengeToday 20:38The time limit is indeed 3 months, backed up by case law.That's surely a slam dunk???

[linton78] 18/11/2020 20:59

Yes, I smell a rat there Egg...