COMMENTS ON DRAFT REGULATIONS FOR THE USE OF WATER FOR GAS EXPLORATION AND PRODUCTION

The Centre for Environmental Rights (CER) submitted comments on June 7, 2021, regarding the draft Regulations for the use of water for gas exploration and production in South Africa. While welcoming the goal of protecting water resources, the CER argues that the draft regulations are insufficient to protect surface and underground water from the risks of hydraulic fracturing and underground coal gasification (UCG), particularly in the context of climate change.

• The CER recommends that the Department of Water and Sanitation (DWS) develop strategic water plans at an appropriate scale, similar to strategic environmental impact assessments, to meet constitutional obligations regarding the human right to food and water.
• The CER identifies significant gaps in the draft regulations regarding water pollution risks, noting that critical aspects such as water balances, hydrocensus assessments, baseline monitoring, and well casing design are either missing or only mentioned cursorily.
• The CER argues that the prohibition of "hazardous substances" based on the Hazardous Substances Act No.15 of 1973 is too narrow, as few of the chemicals listed in that Act are actually used in fracturing fluids. They suggest prohibiting specific chemicals of concern, such as Formaldehyde and Glutaraldehyde, based on academic research.
• The CER proposes that the regulations establish a presumption of liability for water contamination near unconventional gas activities, shifting the burden of proof to the companies to show they did not cause the pollution, citing similar legal frameworks in Pennsylvania, North Carolina, and West Virginia.
• The CER expresses concern that the proposed 5km buffer zones around strategic water source areas (SWSAs) are insufficient because underlying aquifers may extend beyond the delineated surface area, potentially allowing gas activities to threaten the SWSA.
• The CER urges the Department to make public participation mandatory for all water use license applications for controlled activities to ensure stakeholder involvement and access to information.

APA

Centre for Environmental Rights (2021). COMMENTS ON DRAFT REGULATIONS FOR THE USE OF WATER FOR GAS EXPLORATION AND PRODUCTION. https://cer.org.za/wp-content/uploads/2021/06/CER-comments-on-draft-Water-Fracking-Regulations-07.06.2021.pdf?x21779

Chicago

Centre for Environmental Rights. COMMENTS ON DRAFT REGULATIONS FOR THE USE OF WATER FOR GAS EXPLORATION AND PRODUCTION. 2021. https://cer.org.za/wp-content/uploads/2021/06/CER-comments-on-draft-Water-Fracking-Regulations-07.06.2021.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=COMMENTS ON DRAFT REGULATIONS FOR THE USE OF WATER FOR GAS EXPLORATION AND PRODUCTION |date=7 June 2021 |url=https://cer.org.za/wp-content/uploads/2021/06/CER-comments-on-draft-Water-Fracking-Regulations-07.06.2021.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2021comments, author = {{Centre for Environmental Rights}}, title = {{COMMENTS ON DRAFT REGULATIONS FOR THE USE OF WATER FOR GAS EXPLORATION AND PRODUCTION}}, publisher = {Centre for Environmental Rights}, year = {2021}, month = jun, url = {https://cer.org.za/wp-content/uploads/2021/06/CER-comments-on-draft-Water-Fracking-Regulations-07.06.2021.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }