An application from environmentalists seeking legal leave to bring judicial review proceedings against the Government of The Bahamas with regard to certain decisions taken by the Government relating to BPC’s licences in The Bahamas was addressed in court today.

The Honourable Justice Petra Hanna-Weekes today (January 5, 2021) provided her ruling on this and related matters. In summary, the Court’s ruling is as follows:

The Honourable Justice Petra Hanna-Weekes has refused to grant any orders that would affect BPC’s current oil exploration operations. This means that the drilling of Perseverance #1 will continue in an effort to ascertain the presence of commercial quantities of oil.

The application from environmentalists against the Government to seek leave to bring judicial review proceedings in respect of various decisions taken by the Government in relation to BPC’s licences in The Bahamas, has been granted and a timeline has been laid out over the coming months according to which the applicants can progress that application.

Following the Court’s ruling, BPC CEO Simon Potter said he was gratified that the Court has acted in a way that will enable Bahamians will learn, likely within 4 to 6 weeks, if they are an oil rich nation.

"Today’s Court ruling means that the drilling of Perseverance #1 will continue, in accordance with our licences obligations, and consistent with the permits issued to BPC by the Government of The Bahamas.

Those drilling operations, which have been underway since 20 December 2020, have the well on track to provide results within the 45 - 60 day period the Company has consistently advised.

It is thus clear now that the environmentalist applicants have failed in their last-minute attempt to interrupt the drilling of Perseverance #1 and the Government’s legitimate assessment of hydrocarbon resource potential in the southern seas of The Bahamas.

Notwithstanding this positive outcome for completing Perseverance #1 well, the Company will continue to vigorously oppose any applications for judicial review, if they continue to proceed.

This is because whilst the Court has today granted the applicants leave to bring their applications, that is all that it is: leave to bring an action.

These applications now still need to be brought, heard, and determined, and BPC remains firm in its view that the applications themselves are without substantive legal merit, and will not withstand the scrutiny of a full and vigorous legal process.

Equally, prior to that, a number of important issues remain to be resolved, including the question of BPC being included as a party, and the question of the applicants providing security for costs, and BPC considers it important to ensure that each of these items is dealt with according to law, such that the applicants be held accountable for the consequences of their actions.”

A timetable for further Court hearings has been established as follows:

A hearing to determine if BPC should be formally added as a party to the action will be held on 14 January 2021. At this hearing, The Honourable Justice Petra Hanna-Weekes will also provide further directions relating to the future hearings detailed below,

A further hearing to determine the Government’s request for security for costs against the applicants will be heard on 22 January 2021, and

A hearing in relation to the substantive judicial review will be held either in mid-February 2021, or during March 2021, depending on the availability of the Court and the parties, with a ruling on the substantive application to follow at some point thereafter.

Drilling of the Perseverance #1 exploration well in The Bahamas has been underway since 20 December 2020 (consistent with previous announcements prior to Christmas 2020). The well remains on track to take 45 - 60 days from commencement to complete at which time BPC will be in a position to inform on the outcome of the well.

BPC will provide further updates in relation to the legal process as and when there are any material developments.