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

The Centre for Environmental Rights argues that South Africa's proposed fracking regulations are flawed because they rely on industry standards rather than a comprehensive legal framework. The document recommends that fracking be regulated under a suite of environmental laws (NEMA, NWA, NEMWA, NEMAQA) rather than just the MPRDA, and suggests the creation of a specialised inter-departmental unit for monitoring and enforcement. Key requirements include mandatory baseline measurements for water and air quality, public disclosure of fracking fluid chemicals, a prohibition on using potable water, and significant financial guarantees for rehabilitation.

• The proposed fracking regulations are considered inadequate because they function as guidelines rather than binding requirements and lack enforceable offences and penalties.
• The document criticizes the government's reliance on the American Petroleum Industry (API) standards, noting that as a trade association, the API cannot provide an impartial benchmark.
• The author argues that fracking should be regulated under a comprehensive suite of laws, including the National Environmental Management Act (NEMA), the National Water Act (NWA), the National Environmental Management: Waste Act (NEMWA), and the National Environmental Management: Air Quality Act (NEMAQA), rather than solely under the Mineral and Petroleum Resources Development Act (MPRDA).
• To resolve conflicts of interest within the Department of Mineral Resources (DMR), the document recommends establishing a specialised, inter-departmental unit under the Minister of Water and Environmental Affairs to handle authorisations, monitoring, and enforcement.
• The document demands 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.
• There is a call for full public disclosure of fracking fluid additives and volumes on a public register, similar to the US-based FracFocus website, to protect constitutional rights over commercial trade secrets.
• The document recommends a strict prohibition on the use of potable water for fracking and requires the prioritisation of non-potable water resources.
• The author proposes severe administrative penalties for non-compliance, suggesting a maximum of R20 million, 10% of turnover, or 10% of gross asset value, whichever is highest.
• Financial provisions for rehabilitation must be ring-fenced against insolvency, adjusted for inflation, and peer-reviewed by an independent expert panel.
• The document advocates for the use of 'green completions' to separate flowback water from natural gas, which would eliminate the venting and flaring of gas.

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 press release |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

@misc{centreforenvironmentalrights2013minimum, author = {{Centre for Environmental Rights}}, title = {{Minimum requirements for the regulation of environmental impacts of hydraulic fracturing in South Africa}}, publisher = {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} }