CER Comments on the Proposed Technical Regulations for Petroleum Exploration and Exploitation published by the Minister of Mineral Resources under s.107 of the Mineral and Petroleum Resources Development Act, 2002 on 15 October 2013

The Centre for Environmental Rights (CER) provides a detailed critique of the proposed Technical Regulations for Petroleum Exploration and Exploitation published by the South African Minister of Mineral Resources on 15 October 2013. The CER argues that the regulations are non-binding guidelines rather than enforceable laws, lack sufficient environmental impact assessment requirements, and fail to provide for meaningful public participation or access to information. The document suggests that fracking-specific regulations should be promulgated under a broader suite of environmental laws, including NEMA, NEMWA, and the National Water Act, rather than solely under the MPRDA.

• The proposed regulations are characterized as non-binding guidelines rather than enforceable laws because they do not establish offences or sanctions for non-compliance.
• The CER argues that the Department of Mineral Resources (DMR) may lack the legal competence to regulate environmental impacts under the MPRDA due to the Mineral and Petroleum Resources Development Amendment Act, 2008, which shifted environmental management to NEMA as of 7 December 2014.
• The environmental impact assessment (EIA) process outlined in the regulations is deemed insufficient because it focuses on biophysical impacts and ignores socio-economic and human environment factors.
• The regulations are criticized for failing to provide mechanisms for public participation and restricting access to information, particularly regarding the chemical composition of fracking fluids.
• The CER warns that relying solely on American Petroleum Institute (API) standards is inadequate as these are produced by an industry trade association and may not serve as an impartial benchmark.
• The document same same-day reporting of spillages is considered insufficient; the CER argues that reporting should be based on the nature of the harm rather than a fixed volume of 50 litres.
• The proposed groundwater protection baseline of 10,000 mg/l Total Dissolved Solids is identified as wholly inadequate compared to South African Water Quality Guidelines, which suggest limits below 2,000 - 3,000 mg/l for domestic use.
• The CER recommends that a specialized, inter-departmental unit under the Minister of Water and Environmental Affairs should manage environmental authorizations and enforcement for fracking.
• The document highlights a contradiction in the regulations regarding the migration of fracking fluids into stressed faults, noting that one section requires a demonstration that fluids cannot migrate while another allows it 'where practicable'.
• The CER argues that well closure should be treated as a lifelong responsibility under 'polluter pays' principles, rather than 'abandonment', and that monitoring should continue for at least 50 years after closure.

APA

Centre for Environmental Rights (2013). CER Comments on the Proposed Technical Regulations for Petroleum Exploration and Exploitation published by the Minister of Mineral Resources under s.107 of the Mineral and Petroleum Resources Development Act, 2002 on 15 October 2013. https://cer.org.za/wp-content/uploads/2016/08/CER-Comments-to-DMR-on-Fracking-Regulations-2-December-2013.pdf?x21779

Chicago

Centre for Environmental Rights. CER Comments on the Proposed Technical Regulations for Petroleum Exploration and Exploitation published by the Minister of Mineral Resources under s.107 of the Mineral and Petroleum Resources Development Act, 2002 on 15 October 2013. 2013. https://cer.org.za/wp-content/uploads/2016/08/CER-Comments-to-DMR-on-Fracking-Regulations-2-December-2013.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=CER Comments on the Proposed Technical Regulations for Petroleum Exploration and Exploitation published by the Minister of Mineral Resources under s.107 of the Mineral and Petroleum Resources Development Act, 2002 on 15 October 2013 |date=2 December 2013 |url=https://cer.org.za/wp-content/uploads/2016/08/CER-Comments-to-DMR-on-Fracking-Regulations-2-December-2013.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2013cer, author = {{Centre for Environmental Rights}}, title = {{CER Comments on the Proposed Technical Regulations for Petroleum Exploration and Exploitation published by the Minister of Mineral Resources under s.107 of the Mineral and Petroleum Resources Development Act, 2002 on 15 October 2013}}, institution = {Centre for Environmental Rights}, year = {2013}, month = dec, url = {https://cer.org.za/wp-content/uploads/2016/08/CER-Comments-to-DMR-on-Fracking-Regulations-2-December-2013.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }