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Judge puts brakes on KZN fracking

Publish date: 09 May 2017
Issue Number: 506
Diary: Legalbrief Environmental
Category: Energy

In what has been described by the KZN Agricultural Union (Kwanalu) as a ‘massive victory’ for local farmers, a Western Cape High Court judge last week set aside a decision to accept a company’s application to search for oil and gas in northern KZN. According to a Cape Times report, in his ruling, Judge Daniel Dlodlo said proper procedures had been flouted in how the SA Agency for Promotion of Petroleum and Exploitation (Pasa) had accepted an application for an exploration right made by Rhino Oil and Gas Exploration SA. Exploration can lead to hydraulic fracturing (known as fracking), which has faced stern resistance from SA communities – particularly in the Karoo. Dlodlo set aside Pasa’s acceptance of Rhino’s application and interdicted the company from forging ahead with the broader process. The judge was dealing with a court case brought by Normandien Farms against Pasa, a state-owned company that controls the granting of exploration rights, Rhino Oil and Gas and the Minister of Mineral Resources. Normandien owns various farms in and around northern KZN. Union chief executive Sandy La Marque said the judge’s ruling was ‘a huge relief’. With regard to the KZN Midlands exploration right application, La Marque is quoted in the report as saying: ‘We are at the advanced stages of instituting legal intervention.’

Full Cape Times report (subscription needed)

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