Minimum requirements for the regulation of environmental impacts of hydraulic fracturing in South Africa

The Centre for Environmental Rights (CER) provides a set of minimum legal and regulatory requirements for hydraulic fracturing (fracking) in South Africa. The report argues that the proposed fracking regulations published by the Minister of Mineral Resources on 15 October 2013 are inadequate, as they rely primarily on industry standards from the American Petroleum Institute (API) and fail to provide for meaningful public participation or sufficient penalties for non-compliance. The CER advocates for a comprehensive regulatory regime grounded in the South African Constitution and the National Environmental Management Act (NEMA), emphasizing the precautionary principle and the need for a specialized, inter-departmental regulatory unit.

• The proposed fracking regulations are deemed flawed because they function as guidelines for norms and standards rather than binding regulatory requirements, meaning they do not create offences or penalties for violations.
• The CER criticizes the government's reliance on the American Petroleum Institute (API) for standards, noting that the API is a trade association and not an impartial benchmark. They recommend incorporating guidelines from the International Energy Agency, the European Commission, the US Environmental Protection Agency, and the UK Department of Energy and Climate Change.
• The report argues that the Department of Mineral Resources (DMR) has an inherent conflict of interest in acting as the competent authority for environmental authorisations because its mission is to promote mining growth and development.
• The CER recommends establishing a specialized, inter-departmental unit for the authorisation, monitoring, and enforcement of fracking, with costs for recruiting and training inspectors partially borne by licence holders.
• To ensure environmental integrity, the report suggests that an independent expert panel be appointed to review and advise on all environmental impact assessments (EIAs) for fracking.
• The report calls for the establishment of environmental baselines for groundwater, surface water, seismic characteristics, air quality, and noise, to be collected over a two to five year period before drilling begins.
• The CER proposes a strict penalty regime for non-compliance, suggesting administrative penalties up to a maximum of R20 million, 10% of turnover, or 10% of gross asset value, whichever is highest.
• The report demands a prohibition on the use of potable water for fracking and requires the use of 'green completions' to separate flowback water from natural gas to eliminate venting and flaring.
• The CER highlights that the proposed regulation allowing groundwater pollution up to 10,000 mg/l Total Dissolved Solids is inadequate, as South African Water Quality Guidelines suggest health effects are minimal only below 2,000 - 3,000 mg/l.
• Financial provisions for rehabilitation must be ring-fenced against insolvency, adjusted for inflation, and peer-reviewed by an independent panel.

APA

Centre for Environmental Rights (2013). Minimum requirements for the regulation of environmental impacts of hydraulic fracturing in South Africa. https://cer.org.za/wp-content/uploads/2013/12/CER-Minimum-Requirements-for-Regulation-of-Env-Impacts-of-Fracking-Dec-2013.pdf?x21779

Chicago

Centre for Environmental Rights. Minimum requirements for the regulation of environmental impacts of hydraulic fracturing in South Africa. 2013. https://cer.org.za/wp-content/uploads/2013/12/CER-Minimum-Requirements-for-Regulation-of-Env-Impacts-of-Fracking-Dec-2013.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=Minimum requirements for the regulation of environmental impacts of hydraulic fracturing in South Africa |date=2 December 2013 |url=https://cer.org.za/wp-content/uploads/2013/12/CER-Minimum-Requirements-for-Regulation-of-Env-Impacts-of-Fracking-Dec-2013.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2013minimum, author = {{Centre for Environmental Rights}}, title = {{Minimum requirements for the regulation of environmental impacts of hydraulic fracturing in South Africa}}, institution = {Centre for Environmental Rights}, year = {2013}, month = dec, url = {https://cer.org.za/wp-content/uploads/2013/12/CER-Minimum-Requirements-for-Regulation-of-Env-Impacts-of-Fracking-Dec-2013.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }