Nonprofit organisation Natural Justice in January submitted comments to the Department of Mineral Resources and Energy (DMRE) on the Gas Master Plan Basecase Report, which was released for public comment on Tuesday, December 14, 2021, and developed as a policy instrument for South Africa with the purpose of guiding gas development in the country.

The organisation says its submission raises several issues, including that the Gas Master Plan fails to provide for meaningful consultation procedures with affected and vulnerable communities.

Natural Justice says the Master Plan has yet to develop a scale of scenarios for compensating the families and local communities that are likely to be impacted by pipeline development and infrastructure.

Moreover, pipelines are prone to methane leaks and explosions, necessitating increased surveillance, repairs, monitoring, maintenance and risk mitigation, it points out.

Also highlighting public participation concerns, Natural Justice submitted comments to the Department of Forestry, Fisheries and the Environment on the proposed amendments to Section 24H Registration Authority Regulations under the National Environmental Management Act (Nema).

These amendments will require that only registered environmental-assessment practitioners (EAPs) handle appeals with regard to environmental-impact assessments (EIAs) and atmospheric emission licence applications. Communities or organisations will need to hire these EAPs on their behalf, Natural Justice says.  

The organisation argues that this will make public participation in Nema processes more complicated, time-consuming and expensive, and will frustrate rather than encourage public participation.

“Given the current state of environmental degradation and over-exploitation of natural resources in South Africa, it is critical that interested and affected parties be allowed to file appeals,” Natural Justice programme manager Sobantu Mzwakali asserts.

SEISMIC SURVEYS

In November 2021, Natural Justice submitted comments on the Draft Environmental Management Plan (EMP) for the proposed CGG seismic survey off the coastline of Algoa Bay.

These comments highlighted, among other issues, the EAP’s failure to consult key stakeholders, including small-scale fishers and indigenous and local communities, and the EMP’s inadequate assessment of the environmental impact of the proposed seismic testing – including climate impacts, as well as impacts on numerous protected species and Marine Protected Areas, Natural Justice points out.

It highlights its cautious optimism at the announcement this week on the CGG website regarding the seismic testing planned for the East Coast of South Africa.

"Following the public consultation on the proposed 3D marine seismic survey in the offshore Algoa Bay area, held during the EMP preparation phase, the Reconnaissance Permit application may be delayed. Given the limited operational time-window for work in the area of the proposed survey, it may be necessary to postpone operations until the 2023 Austral summer survey window period,” the website announced.

“While CGG’s comments are inconclusive and the application process is still pending, the number of interested and affected parties who registered their objections to the project clearly indicates that the South African public is demanding more participation in these processes,” says Natural Justice senior programme officer Jacqueline Rukanda.

“CGG, a French company, has claimed that it does not need to obtain an environmental authorisation to begin its seismic survey operations.

“Other foreign companies have recently made similar claims, which Natural Justice perceives as an attempt to flout procedural safeguards and public participation obligations,” the organisation indicates.