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Showing posts with label oil in the Bahamas. Show all posts
Showing posts with label oil in the Bahamas. Show all posts

Thursday, August 8, 2013

Bahamas National Citizens Coalition (BNCC) seeks to block the minister of the environment and housing from issuing or renewing any oil exploration licenses in The Bahamas

Pastors sue to block oil exploration


TRAVIS CARTWRIGHT-CARROLL
Guardian Staff Reporter
travis@nasguard.com
Nassau, Bahamas


The Bahamas National Citizens Coalition (BNCC) has filed an action in the Supreme Court seeking to block the minister of the environment and housing from issuing or renewing any oil exploration licenses.

The coalition also wants the court to restrain Bahamas Offshore Petroleum Limited and Island Petroleum Limited, both subsidiaries of Bahamas Petroleum Company (BPC), “from operating or using such licenses” until the proper regulatory framework is put in place to govern the sector.

Last month, the government renewed BPC’s five exploration licenses for another three years.

BPC wants government approval to drill an oil well in Bahamian waters.

The BNCC claims that the minister of the environment and housing acted ultra vires of the Petroleum Act 14(2)       by “granting and renewing oil exploration licenses” to BPC and its subsidiaries.

In a copy of the coalition’s originating summons, it states that it is seeking, “A declaration that the minister of the environment and housing has acted prematurely and with procedural impropriety in granting licenses to the aforesaid companies, so as to allow them to commence oil drilling without a modern and proper oil exploration and environmental regulatory framework in place for the ultimate protection of the applicants and the wider Bahamian public in the case of oil spills, etc.”

The coalition also wants, “A declaration that the minister of the environment and housing has failed to provide the applicants and the Bahamian public with copies of the license agreements of associated agreements with respect to the exploratory oil drilling to be conducted by Bahamas Petroleum Company Plc and/or its subsidiaries.”

According to the Petroleum Act 14(2), “A company may be granted a license or lease severally or jointly with another company: Provided that a license or lease shall not be granted to a company which is a member of, or is directly or indirectly owned or controlled by, another company to which a license or lease has already been granted under this Act or which is itself applying for such a licence or lease.”

The coalition states that it represents the views of more than 30,000 members and only wishes to secure the best possible benefits for the Bahamian people through meaningful and positive discussions with the government and the companies it has to negotiate with concerning oil exploration in The Bahamas.

The minister of the environment and housing, Bahamas Offshore Petroleum Limited, BPC and Island Offshore Company Limited are listed as the respondents in the action.

Concerned

The coalition filed the summons and an affidavit on July 29.

“The coalition is deeply concerned that the government is making critical decisions regarding oil exploration and harvesting without seeking the views of the Bahamian people,” the affidavit stated.

“It is clear from the actions of the government that it has set a precedent with the Constitutional Commission whereby it held numerous public forums and gathered the views of Bahamians.

“The commission’s chairman then used such information to prepare a public report for consideration by the government in its preparations for a national referendum on constitutional reform.

“Why is it that the government is not taking the same approach in advance of the draft legislation and referendum on oil exploration and harvesting?”

The BCC, Police Staff Association, the Bahamas Public Service Union, the Prison Officers Association, the Bahamas Communications and Public Officers Union, the National Workers Health Plan Trust, the Moore’s Island Fisherman Association and the Exuma Citizens and Fisherman Association are listed as members of the coalition.

Minister of the Environment and Housing Kenred Dorsett previously said he expects the government to have completed oil drilling legislation and regulations by the end of the year.

He said the legal framework for oil drilling was still being worked on by his ministry’s external consultants along with officials from the Office of the Attorney General.

Dorsett recently indicated that BPC will not be permitted to drill any exploratory wells in Bahamian waters until the regulations that will oversee the industry are completed.

BPC has invested $50 million in the country, with most of that spent on 3D seismic testing, and has completed its environmental impact assessment (EIA). Now, the company is working on its environmental management plan (EMP) to meet its 2015 obligation to the government.

In its interim results for the first six months of 2013, BPC said it has a “clear mandate from the Government of The Bahamas to proceed with exploration drilling with an obligation to commence an exploration well by April 2015”.

August 07, 2013

thenassauguardian

Wednesday, May 8, 2013

...will The Bahamas government allow Bahamas Petroleum Company (BPC) to drill for oil willy-nilly in Bahamian waters ...and risk the destruction of the Bahamian bread and butter industry - tourism?

Young Man's View: The Oil Industry




By ADRIAN GIBSON
ajbahama@hotmail.com
Nassau, The Bahamas


...

I continue to believe that Bahamas Petroleum Company is a bit player in the oil industry and, having been told of the overly emotional online attacks on me by so-called shareholders/investors after my first column, I am now even more interested in piercing the veil and looking into any and all drilling agreements that this company—and any other company— has with our government.
 
For some reason, every time I think about the giving away of our national patrimony, I hear Beavis and Butthead sarcastically snickering in the background. The licensing agreement between BPC and the government states that the oil royalties would be disbursed on a sliding scale, i.e. if 75,000 barrels of oil are produced daily, the royalty rate would be 12.5 per cent; if it’s in excess of 75,000 and up to 150,000, it would be 15 per cent; 150,000 to 200,000 daily barrels would yield a royalty rate of 17.5 per cent; 250,000 to 350,000 would result in a 20 per cent rate and any daily production in excess of 350,000 barrels would incur a royalty rate of 25 per cent.
 
The Bahamas has no Environmental Protection Act and the trite regulatory practices (Environmental Impact Assessment reports) overseen by groups like the BEST Commission—a toothless bulldog— is laughable at best.
 
I totally agree with a recent article written by attorney Fred Smith (Queen’s Counsel) when he said: “As the Bahamas broadens its industrial investment profile; encourages large scale urban development; promotes all inclusive anchor projects by Bahamians and foreigners and continues its growth and development, it becomes more and more urgent for an independent regulatory body with teeth, to protect our often pristine, and always fragile environment.”
 
He went on to say: “The Bahamas, as a Small Island Nation, must make protecting the environment a priority. It is also important that stakeholders and interested parties who may be affected by industrial and/or other urban developments have an opportunity to be properly consulted. This has been repeatedly affirmed by our Supreme Court, Court of Appeal and Privy Council in the Guana Cay and Abaco Wilson City Power Plant litigation. The BEST Commission has been established for years but it is not a statutory body and needs to be institutionally created by legislation to make it effective and relevant.”
 
Yes, our sluggish, relatively rebounding economy could do with an injection of oil money—but it must be on the best, most nationally-sound terms and not be a hurried, tactless and superficial attempt to redesign our economy overnight. The Nigerian experience should teach us, as a nation, the shortfalls of unregulated drilling, of allowing foreign companies to buy off prominent members of government and of an oil rich country having a poverty stricken population due to corruption, greed and overtly scandalous behaviour.
 
Now, while Bahamians are discussing oil from the perspective of a countrywide get-rich-quick-scheme, many of them haven’t considered the environmental ramifications, how BPC will likely go about getting it and/or a thorough examining of the peripheral issues related to oil drilling.
 
In a published Facebook post forwarded to me by economist and lawyer Dr Gilbert Morris, he said:
 
“Let’s forget about the risk premiums to protect our waters and let’s forget about the relative costs of both drilling and pumping. If there are 3 billion barrels undersea in the Bahamas, what would you think when you learn that the US consumes 19 million barrels per day? This means, if we have 3 billion barrels, our total store of oil is 150 days of US consumption.”
 
He went on: “So therefore, here is what is likely to happen: The lead firm will confirm its find and say to the government we will pay you a royalty. Let’s suppose the royalty is 90% of profits, just to be overly optimistic. The government would never see a dime. Why? Because the firm with the rights in the Bahamas, will sell the rights to the proven reserves to a larger company. That company will determine what it costs to pump the oil from the depths. The government will only gain income, even if its on the gross, from oil that passes the Relief Valve. But nothing will. Because when the large Company buys the rights, they will Cap the Wells immediately. That is because, oil prices would need to be over $200 per barrel to make its economically feasible to pump it. So Caping is like storage until the market price makes pumping feasible.”
 
“A final point: if the oil has a high sulfur content, (Sour), then that adds refining costs too. There are lots of oil finds all over the world. The question is, is it financially feasible to pump it. If the find in the Bahamas was a “monster find” (and it could become that), the question will be the cost of pumping – including environmental protection costs – relative to the profit yield based on the market price over time,” the economist concluded.
 
An October 2012 report in The Economist stated that oil is stolen in Nigeria at a record pace, with the government inflating output figures by using a discombobulating assortment of statistics. According to that report, Nigeria announced that its oil production had increased to 2.7 million barrels per day; however, due to a corrupt culture, that figure is nearly impossible to verify.

According to a former senior World Banker—Oby Ezekwesili (a Nigerian)—some $400 billion of that country’s oil revenue has been squandered or pilfered since 1960. Nigeria, home of the world’s ninth largest gas reserves, also has an unregulated petroleum industry where a Petroleum Industry Bill has been stalled for 15 years. The Bill was drafted with the intent to heighten transparency, proffer a regulatory regime and govern every aspect of the nation’s oil industry. However, glad-handing politicians have managed to bar the formulation of any effective regulatory regime as that would curb their corrupt practices and proscribe deterring—even penal—sanctions. Could there be similar reasons why no such Bill has been considered in the Bahamas—why even Environmental Protection legislation hasn’t been brought to the Parliament?
 
Indeed, a joint report by Transparency International and the Revenue Watch Institute revealed that Nigeria’s government-run National Petroleum Corporation is “accountable to no one” and is a “slush fund for the government,” which makes it the worst of 44 national and foreign companies included in their study. When one thinks of how locally government-run corporations have been mismanaged over the years—e.g. Bahamasair, the Bahamas Electricity Corporation and even the Bahamas Telecommunications Company (before the sale)—there’s much to desire and the thought of our governments running an oil slush fund is a no-no!
 
What’s more, Nigeria’s oil producing delta region has suffered environmental devastation that would eternally damage our pristine environment (beaches, mangroves, etc) and, as it relates to the environs and our tourism industry, set us back into the Ice Ages. Whilst the United Nations have chided the Nigerian government for their unchecked environmental degradation, there has been little to no attempt by that government to take legislative initiatives to curb indiscriminate drilling—just as there has been no attempt by the government of the Bahamas thus far! After a rig explosion (Chevron) in January, 2012, local Nigerian environmental groups have placed a $3 billion price tag on losses accrued over 46 days due to fires, a gas leak and environmental degradation. Even more, in December 2011, an oil spill at one of Royal Dutch Shell’s offshore oil operations was estimated to have cost a record $5 billion in damages. Apparently, the farmlands of Nigeria—particularly in the Niger delta—are progressively being destroyed. It remains to be seen what penalties or compensation will be rendered by both companies to the Nigerian people, considering the predilection of corrupt government officials and the likelihood that it would merely be swept under the rug. The Nigerian response, in these instances, could hardly be compared to the United States response to British Petroleum’s oil spill in the Gulf of Mexico!
 
According to a Green Peace International article titled ‘Shell Shocked’: “We witnessed the slow poisoning of the waters of this country and the destruction of vegetation and agricultural land by oil spills which occur during petroleum operations. But since the inception of the oil industry in Nigeria, more than twenty-five years ago, there has been no concerned and effective effort on the part of the government, let alone the oil operators, to control environmental problems associated with the industry.”
 
A 2010 Newsweek article entitled ‘Oil’s Shame in Africa’ further stated that: “Oil spills in Nigeria are a common occurrence; it has been estimated that between 9 million to 13 million barrels have been spilled since oil drilling started in 1958.”
 
Due to a lack of regulation and political patronage, more than 1000 people lose their lives to oil-related deaths in Nigeria every year, 70 per cent of that nation’s population live below the poverty line (less than $1 dollar per day), clean potable water is hardly accessible and—even whilst it is a major oil exporter having racked up more than $340 billion over the last few decades—Nigeria still imports most of its gasoline. Is it possible that we could be an oil producing nation that exports our crude but then—as is the case with salt—must buy back and import our own oil (in its now refined state)?
 
Considering the corruption, dodgy practices and dysfunction of some of our elected representatives and public officers, should we too be worried about gas price-fixing scams (which cost Nigeria $29 billion in the last 10 years), oil theft (which cost the Nigerian treasury $6 billion per year), fuel subsidy scams (which cost the Nigerians $6.8 billion) and an overall proclivity by some officials to “tief” and misuse public funds like it was going out of style (which has cost the Nigerian’s nearly $400 billion since their Independence in 1960)?

So, will the government allow BPC to drill willy-nilly and risk the destruction of our bread and butter industry (tourism)? Will they risk the contamination of our groundwater and our soil, of the destruction of our coastal environment, of our local fishing industry being ruined by oil spills and of oil sheen spreading to fishing habitats with the government still being handicapped in its capacity to even conduct clean-ups at Clifton Pier (from BEC’s spills)? And, what about gas flaring—which is the release of unusable or unwanted raw natural gas and associated gases—into the atmosphere? Look, if we’re going to drill, let’s do it the right way, let’s put any and all related legislation and regulations in place beforehand. The government must remember that we the people—and those who make up the government—all live in the Bahamas and, unlike some of the principals of BPC, have nowhere else to go and call “home” (in the truest sense of the word).
 
I urge the government to get on with the people’s business, to stop talking foolishness in our Parliament or resign and get the hell out!
 
...
 
May 06, 2013
 
 
 

Saturday, March 23, 2013

...The Bahamas had done an “ass backwards” job in negotiations with the Bahamas Petroleum Company (BPC)... ...the country should receive “no less than 60 per cent” of the proceeds ...if commercial quantities of oil were discovered

Bahamas 'Ass Backwards' Over Oil Negotiations






By NEIL HARTNELL
Tribune Business Editor
Nassau, The Bahamas
 
 
 
A well-known attorney yesterday said the Bahamas had done an “ass backwards” job in negotiations with the Bahamas Petroleum Company (BPC), arguing that the country should receive “no less than 60 per cent” of the proceeds if commercial quantities of oil were discovered.
 
Craig Butler, head of the C. F. Butler & Associates law firm, told Tribune Business that the 12.5-25 per cent ‘sliding scale’ royalties agreement negotiated with BPC was similar to arrangements “Third World” states had reached with oil explorers.
 
Recalling the research he conducted on the matter in the run-up to the May 2012 general election, Mr Butler said most countries had negotiated terms where they received between 25 per cent to 90 per cent of the proceeds from any oil exploration/production.
 
He added that BPC was being “disingenuous” and seeking to recover all its development and exploration costs upfront, the moment commercial oil quantities were found, whereas most such deals allowed exploration firms to recover such costs over the lifetime of their leases.
 
And Mr Butler called for the Bahamas to create a non-political National Commission to re-negotiate the deal with BPC, and introduce more “transparency” into the process.
 
“All the countries that aren’t good at negotiating deals got the thin end of the stick,” Mr Butler said of the findings produced by his research. “The more developed countries tend to take a larger part of the pie in terms of the profits.”
 
Simon Potter, BPC’s chief executive, told Tribune Business yesterday that the financial agreement was effectively a 50/50 split between the company and the Government.
 
Based on oil selling at $80 per barrel, BPC presentations have shown that while half that revenue sum - $40 - would cover costs, with the remaining 50 per cent or $20 each going to the company and the Government respectively.
 
Yet Mr Butler argued: “BPC is being disingenuous, making it seem as if they are taking an amazing risk. They are, but that is what business is all about. They’re looking to recoup their costs right away.”
 
He suggested that typical oil exploration deals allowed companies to indeed recover their costs, but over the lifetime of their lease agreements.
 
Mr Butler said that if BPC’s development costs worked out to be $20 billion, it seemed to want to recover that “off the bat” if commercial oil quantities were found, based on its agreement with the Government.
 
As a result, the Bahamas would not see any benefits for three-four years.
 
“With the greatest respect to these negotiators, we are still enamoured that we possibly have oil, natural gas, and this money is coming in,” Mr Butler said.
 
“We’re looking at it as if the country is benefiting by $10 billion, $20 billion, and we’re salivating. We’re not thinking long-term, thinking this is the Bahamas’ last opportunity to become the first world country it wants to be.”
 
He added that Trinidad & Tobago had also squandered its oil and natural gas inheritance, with the financial terms benefiting the explorers, and proceeds concentrated in the hands of a few.
 
“If this is a national resource, if we are putting our tourism industry at risk, the Bahamas as a whole needs to benefit from this,” Mr Butler told Tribune Business.
 
“My research has shown that generally, the initial financing is paid back over a period of time, 10-20 years at a reasonable interest rate. Profits are then split. Going rates are anywhere from 25 to 90 per cent. Clearly, the better your negotiating team, the better the country’s deal.
 
“In other places, companies pay a large fee to come in and prospect. All the burden is theirs. And their licenses have determinable periods,” he added.
 
“It appears as though in the Bahamas we’re always ass backwards. We should be receiving no less than 60 per cent, and all infrastructural and economic costs should be paid back over 20 years at 3 per cent. Take it or leave it. If it were put that way, they’d [BPC] jump to take it.”
 
Describing 25 per cent and 90 per cent as the respective low and high ‘ends of the scale’ in terms of what sovereign countries received, Mr Butler said the Scandinavian nations received the latter.
 
“Twenty-five per cent tends to be the Third World places like Belize that have no idea how to negotiate a contract,” he added. “Nigeria has 70 per cent. If Nigeria has 70 per cent, why can’t the Bahamas negotiate 60 per cent?”
 
Asked about the way ahead, Mr Butler told Tribune Business: “What I would like to see is a National Commission appointed, not just PLPs but a cross-section of respected people in society, 15-20 of them, who can go in and negotiate these contracts on our behalf.
 
“It’s the only way we can go to have any transparency. It it’s completely political appointees, we’re doomed.”
 
He urged that ‘new faces’ be appointed to this Commission, along with several experts on the international oil industry.
 
March 22, 2013
 
 

Tuesday, March 12, 2013

The Bahamian Government will allow exploratory oil drilling ...to determine whether there are commercial quantities of oil in The Bahamas ...prior to any referendum

Exploratory Oil Drilling Before Any Referendum



 

By NATARIO McKENZIE

Tribune Business Reporter
nmckenzie@tribunemedia.net
Nassau, The Bahamas



THE Government will allow exploratory drilling to determine whether there are commercial quantities of oil in the Bahamas prior to any referendum, a Cabinet Minister said yesterday.

Kenred Dorsett, minister of the environment and housing, said it was unlikely that there would be any referendum on oil exploration in the Bahamas prior to the 2015 second half.

“The fact that oil exploration is being pursued so seriously and systematically in such very close proximity to the Bahamas dictates that we hasten our own decision making process as it pertains to oil exploration and environmental regulation here in the Bahamas,” Mr Dorsett said in a statement released yesterday.

“Accordingly, my Ministry, supported by the Office of the Attorney General, has prioritised the task of strengthening and modernising our Petroleum Regulations, ensuring that they reflect international best practices and standards. These regulations will combine best practices identified in a variety of leading jurisdictions, including the United Kingdom, Norway, Australia, Trinidad and Tobago, the United States (as modified after the Gulf of Mexico incident), and Greenland.

“They will reflect the most up-to-date risk management practices and mandate the use of the best technology suitable for our conditions. These new regulations will also establish appropriate oversight and monitoring protocols to ensure that offshore exploration is conducted responsibly, and with a high regard for safety and environmental vigilance, having particular regard to the need to ensure human safety and, as I stated earlier in this statement, to preserve the beauty of our waters and beaches and our marine life and eco-systems.

“The new regulations are substantially complete already and will be presented to Cabinet very shortly to preserve the beauty of our waters and beaches, and our marine life and eco-systems.”

Mr Dorsett said the Government was not going to conduct a referendum without ascertaining whether there were commercial quantities of oil in the Bahamas. “The new regulations would be in place well ahead of any oil exploration,” he added. “Exploration drilling is, of course, the only way the Bahamian people will be able to get a scientific answer to the burning question as to whether petroleum reserves even exist in commercial quantities in our waters.

“Obviously, we are not going to have a referendum on a hypothetical proposition. We are not going to ask the electorate to vote on whether they want to develop an oil industry if there is no oil to begin with. Thus, we need to find out first, through exploration drilling, whether we do indeed have oil in commercially viable quantities. If we don’t, then obviously it would be completely pointless, and a shameful waste of public funds, to have a referendum on the matter.”

Mr Dorsett said if commercial quantities of oil were discovered in the Bahamas, the Government would engage the Bahamian people in an extensive public information programme to ensure all important facts were made available before a national referendum.

“This public consultation process would take place throughout the country, and would ensure the widest possible dissemination of important information about the discoveries and their potential significance,” he added.

“As part of this public information process, the Bahamian people would also receive a timeline for production and, very importantly, there would have to be a national dialogue on all important aspects of the question, including how oil revenues should be used to develop our nation and our people in ways that would probably not be achievable under current revenue streams from tourism and other existing industries.

“Estimates suggest that exploration data, sufficient to answer the question of whether we have petroleum reserves in commercially viable quantities, would probably not be available until the latter part of 2014 or early 2015. Therefore, allowing for the public consultation process I have referred to, it is unlikely there would be any referendum on the oil development question before the second half of 2015.”

March 11, 2013

Tribune 242


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