REGULATIONS FOR THE USE OF WATER FOR EXPLORATION AND PRODUCTION OF ONSHORE NATURALLY OCCURRING HYDROCARBONS THAT REQUIRE STIMULATION, INCLUDING HYDRAULIC FRACTURING AND UNDERGROUND COAL GASIFICATION, TO EXTRACT, AND ANY ACTIVITY INCIDENTAL THERETO THAT MAY IMPACT DETRIMENTALLY ON THE WATER RESOURCE

The Centre for Environmental Rights (CER) submitted comments on January 13, 2025, regarding the Department of Water and Sanitation's (DWS) proposed regulations for water use in onshore hydrocarbon exploration and production, specifically hydraulic fracturing (fracking) and underground coal gasification (UCG). The CER argues that the regulations are insufficient to protect water resources, fail to adequately address climate change and methane leakage, and lack robust compliance monitoring and enforcement mechanisms. They specifically highlight the risks to the water-scarce Karoo region and call for more stringent buffer zones, longer-term monitoring of well integrity, and mandatory community development provisions.

• The CER argues that unconventional extraction, including fracking and UCG, contributes to climate change through the release of methane, a potent greenhouse gas. They note that methane has a "28x higher global warming potential and is 84x more potent than carbon dioxide over a 20-year period" and that leakage rates for shale gas production range from "3.6% to 7.9%", which could negate the climate benefits of gas over coal.
• Fracking is identified as a water-intensive activity that poses a significant threat to South Africa's water-scarce environment. The CER highlights that a single well can use "up to 20 million litres of water", and in the Karoo region, where "underground water is the primary water source for all Karoo towns and activities", such use would create competition for water and potentially violate constitutional rights.
• The CER contends that the proposed five-kilometre buffer zone for prohibiting controlled activities near government waterworks, strategic water source areas, and populated areas is an "arbitrary distance" and may be insufficient. They argue that the buffer should instead be based on "realistic conceptual models and hydrogeological numeric models" that account for geology and fluid travel paths.
• The document asserts that there is inadequate capacity for compliance monitoring and enforcement (CME) in the oil and gas sector. The CER states that as of 2023, none of the 94 designated Environmental Mineral Resource Inspectors (EMRIs) are "allocated to conduct CME in the oil and gas sector", and the Petroleum Agency of South Africa lacks regional offices in the most impacted provinces.
• The CER criticizes the lack of substantive public participation in the water use licensing process and the Upstream Petroleum Resources Development Act. They demand that public participation be expressly required for the compilation of "Baseline Monitoring Plans", well design plans, and water use license applications for unconventional extraction.
• The CER argues that the regulations fail to address the long-term risks of well integrity. They suggest that monitoring and rehabilitation measures, as well as casing integrity, should be guaranteed for at least "300 years" to prevent the migration of poor-quality fluids into freshwater aquifers.
• The CER recommends that the list of prohibited substances in Annexure A be expanded to include more toxic chemicals, specifically mentioning "PFAS" and petroleum distillates like kerosene that may contain benzene.
• The CER asserts that the regulations should include mandatory provisions for community development to ensure that companies contribute to the "socio-economic growth for the communities where fracking operations will occur", including securing water access during and after operations.

APA

Centre for Environmental Rights (2025). REGULATIONS FOR THE USE OF WATER FOR EXPLORATION AND PRODUCTION OF ONSHORE NATURALLY OCCURRING HYDROCARBONS THAT REQUIRE STIMULATION, INCLUDING HYDRAULIC FRACTURING AND UNDERGROUND COAL GASIFICATION, TO EXTRACT, AND ANY ACTIVITY INCIDENTAL THERETO THAT MAY IMPACT DETRIMENTALLY ON THE WATER RESOURCE. https://cer.org.za/wp-content/uploads/2025/04/CER-comments-on-the-Regulations-for-the-use-of-water-for-exploration-and-production-2024.pdf?x21779

Chicago

Centre for Environmental Rights. REGULATIONS FOR THE USE OF WATER FOR EXPLORATION AND PRODUCTION OF ONSHORE NATURALLY OCCURRING HYDROCARBONS THAT REQUIRE STIMULATION, INCLUDING HYDRAULIC FRACTURING AND UNDERGROUND COAL GASIFICATION, TO EXTRACT, AND ANY ACTIVITY INCIDENTAL THERETO THAT MAY IMPACT DETRIMENTALLY ON THE WATER RESOURCE. 2025. https://cer.org.za/wp-content/uploads/2025/04/CER-comments-on-the-Regulations-for-the-use-of-water-for-exploration-and-production-2024.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=REGULATIONS FOR THE USE OF WATER FOR EXPLORATION AND PRODUCTION OF ONSHORE NATURALLY OCCURRING HYDROCARBONS THAT REQUIRE STIMULATION, INCLUDING HYDRAULIC FRACTURING AND UNDERGROUND COAL GASIFICATION, TO EXTRACT, AND ANY ACTIVITY INCIDENTAL THERETO THAT MAY IMPACT DETRIMENTALLY ON THE WATER RESOURCE |date=13 January 2025 |url=https://cer.org.za/wp-content/uploads/2025/04/CER-comments-on-the-Regulations-for-the-use-of-water-for-exploration-and-production-2024.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2025regulations, author = {{Centre for Environmental Rights}}, title = {{REGULATIONS FOR THE USE OF WATER FOR EXPLORATION AND PRODUCTION OF ONSHORE NATURALLY OCCURRING HYDROCARBONS THAT REQUIRE STIMULATION, INCLUDING HYDRAULIC FRACTURING AND UNDERGROUND COAL GASIFICATION, TO EXTRACT, AND ANY ACTIVITY INCIDENTAL THERETO THAT MAY IMPACT DETRIMENTALLY ON THE WATER RESOURCE}}, publisher = {Centre for Environmental Rights}, year = {2025}, month = jan, url = {https://cer.org.za/wp-content/uploads/2025/04/CER-comments-on-the-Regulations-for-the-use-of-water-for-exploration-and-production-2024.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }