Latest update December 3rd, 2024 1:00 AM

Guyana's largest selling daily and New York's most popular weekly

Latest News

CJ sets date for ruling on environmental oil permit case

Jan 25, 2020 News

Cheif Justice Roxane George-Wiltshire is set to hand down her ruling in the environmental oil permit case on February 12. The case was filed in 2018 by local activist Ramon Gaskin.
Minister of Natural Resources, Raphael Trotman, had granted authorization to oil companies, Hess Guyana Exploration Ltd (“Hess”) and CNOOC Nexen Petroleum Guyana Ltd. (“Nexen”) to conduct explorations here without the issuance of environmental permit.
The companies which operate as subsidiaries of oil giant Exxon Mobil were given the approval to use the permit to Exxon.
Lawyers representing Gaskin filed a petition challenging Minister of Natural Resources, Raphael Trotman, over this decision.
In court documents, Gaskin has contended that Exxon’s partners in the Liza 1 project – Hess and Nexen – have no environmental permits allowing them to engage in oil exploration.
More specifically, he sought to block the companies from proceeding with their exploration and production on the grounds that Hess and Nexen should not be covered by the environmental permits issued to ExxonMobil, through its local subsidiary Esso Exploration and Production Guyana Limited (EEPGL).
He reasoned that Hess and Nexen will escape liability should there be an incident such as an oil spill that can affect the Caribbean islands.
In their final written submissions last year, Gaskin’s legal team is resolute that Trotman acted unlawfully and outside his remit.
In the documents, the lawyers argued that the Minister of Natural Resources acted inter alia irrationally, unlawfully, illegally and without or in excess of jurisdiction by purporting to grant the Petroleum Prospecting Licences (PPL) to Esso, Hess and Nexen, contrary to the Environmental Protection Act Cap 20:05.
They pointed out further that Section 14 of the Environmental Protection (EP) Act states that a public authority shall not give development consent in any matter where an environmental authorisation is a requirement, unless such authorisation has been issued.
It was emphasised therefore that the environmental authorisation was required before the Minister could have lawfully issued a PPL to Esso, Hess and Nexen, as sections of the EP Act define public authority as “a Ministry, local government authority or local democratic organ.“
To further clarify their contention, the Gaskin legal team referenced the Interpretation and General Causes Act Cap 2:01 which provides that any written law or in any public document, a reference to the Ministry shall be construed as a reference to the business of the Government of Guyana under the administration of the Minister, or any part thereof as the President may direct as constituting a Ministry.
“It is therefore beyond argument that the Minister of Natural Resources is caught squarely within the letter, spirit and meaning of the foregoing provisions, hence the Minister with the responsibility under the petroleum (Exploration and Production) Act Cap 65:04 is a public authority within the meaning of Section 14 of the EP Act and is duty bound to act within the law prescribed.
“The Minister cannot escape his public duty by his shenanigans to put a twisted meaning to the otherwise pellucid provisions of the relevant statutes,” the attorneys posited.
We submit that effect of Section 2 of the Environmental Act is that of the public authority (the Minister that can only grant development consent to a person who is a developer within the meaning of the Environmental Protection Act.
Further, they argued that although the law provides for the Minister to grant approval for exploration licences; the licensing approval cannot be issued in isolation from provisions of the EP Act, they must read side by side.

Similar Articles

The Glenn Lall Show | December, 2nd, 2024

Follow on Tik Tok @Glennlall

 

THE BLUNT OF THE DAY

Sports

Rana five-for and enterprising batting put Bangladesh in the driver’s seat

Rana five-for and enterprising batting put Bangladesh in the...

Dec 03, 2024

ESPNcricinfo – Bangladesh’s counter-attacking batting and accurate fast bowling gave them their best day on this West Indies tour so far. At stumps on the third day of the Jamaica Test,...
Read More
ANSA McAL on board with inaugural National Futsal C/ship

ANSA McAL on board with inaugural National Futsal...

Dec 03, 2024

GBF unveils squad for 2024 FIBA 3×3 AmeriCup in Puerto Rico

GBF unveils squad for 2024 FIBA 3×3 AmeriCup...

Dec 03, 2024

Someash Boyer benefits from Project “Cricket Gear for young and promising cricketers in Guyana”

Someash Boyer benefits from Project “Cricket...

Dec 03, 2024

Several athletes and coaches aiming to benefit from India’s JAIN University scholarships

Several athletes and coaches aiming to benefit...

Dec 03, 2024

GAPLF congratulates Dominic Tyrell for taking Sportsman of the Year runner-up  

GAPLF congratulates Dominic Tyrell for taking...

Dec 03, 2024

Features/Columnists

  • Morally Right. Legally wrong

    …Peeping Tom Morally Right. Legally wrong Kaieteur News- The situation concerning the disputed parliamentary seat held... more

Publisher’s Note

Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.

Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]