Proposed regulations pertaining to the exploration and production of onshore oil and gas requiring hydraulic fracturing, or fracking, have been published for public consultation.

Also published for consultation is the intention to prescribe minimum requirements for the submission of applications for an authorisation, right, permit or licence for the onshore exploration of oil and gas intending to use fracking.

The proposed regulations and minimum requirements have been published by Forestry, Fisheries and the Environment Minister Barbara Creecy in terms of the National Environmental Management Act.

The publication of the proposed regulations comes four years after the Supreme Court of Appeal set aside the regulations for petroleum exploration and production that were intended to set standards for the use of fracking technology on the basis that these were managing environmental impacts and that only the Minister responsible for the environment was empowered to establish regulations on environmental matters.

The proposed new regulations identify prohibited activities and prohibited geographic areas for the use of fracking technology, which include the use of potable water for fracking activities and the use of municipal water treatment facilities for the disposal of wastes from fracking operations.

Moreover, an environmental authorisation is required for each phase of the process, including seismic surveys without fracking, fracking and the production phase.

This step-wise approach allows for information to be generated to support each phase of the process and will facilitate the consideration of cumulative impacts of the operation, the Department of Forestry, Fisheries and the Environment says.

General and specific requirements are set for ongoing environmental monitoring of hydraulic fracturing and production operations, while effect is given to coordination between decision-making authorities in relation to monitoring, environmental assessments, timeframes for the consideration of applications, conditions of approval and the decision-making process.

The Hydraulic Fracturing Regulation will be supported by two Minimum Information Requirements (MIR).

The first document will consider the environmental requirements for exploration anticipating the use of fracking and the second will consider the environmental requirements for exploration and production using fracking technology.

These documents are to provide guidance to developers on the authorisation requirements for all decision-making and will facilitate a “one-stop authorisation process”.

The first MIR - 'The Minimum Requirements for the Submission of Applications for an Authorisation, Right, Permit or Licence for the Onshore Exploration of Oil and Gas Intending to Utilise Hydraulic Fracturing, Revision 0 May 2022' -  has been developed and is available for public comment.

A second MIR document dealing with the actual impacts of fracking, titled 'The Minimum Information Requirement for the Submission of Applications for the Authorisation, Right, Permit or Licence for Onshore Exploration and Production of Oil and Gas Utilising Hydraulic Fracturing', will be prepared in the near future.

The public has 45 days to comment and make written submissions on the regulations and the minimum requirements.

Members of the public are invited to submit written comments or input.

The proposed regulations pertaining to the exploration and production of onshore oil and gas requiring hydraulic fracturing can be accessed at: https://www.dffe.gov.za/sites/default/files/gazetted_notices/nema_onshoreoilgasexplorationhydraulic_g47112gon2273.pdf. 

The minimum requirements for the submission of applications for an authorisation, right, permit or licence for the onshore exploration of oil and gas intending to utilise hydraulic fracturing can be accessed at: https://www.dffe.gov.za/sites/default/files/gazetted_notices/nema_MIRonshoreoilgasexplorationhydraulic_g46688gon2265.pdf.