MINIMUM REQUIREMENTS FOR THE REGULATION OF ENVIRONMENTAL IMPACTS OF HYDRAULIC FRACTURING IN SOUTH AFRICA

This position statement by the Centre for Environmental Rights (CER) outlines the minimum legal and regulatory requirements necessary to govern the environmental impacts of hydraulic fracturing (fracking) in South Africa. The document argues that current proposed regulations under the Mineral and Petroleum Resources Development Act (MPRDA) are inadequate, as they lack binding obligations, rely too heavily on industry standards, and ignore critical water and environmental legislation. The CER advocates for a comprehensive regime aligned with the Constitution and the National Environmental Management Act (NEMA), emphasizing the precautionary principle, public transparency, and the establishment of a specialized inter-departmental regulatory unit.

• The CER asserts that the proposed fracking regulations published by the Minister of Mineral Resources on 15 October 2013 are flawed because they attempt to regulate all environmental impacts through the MPRDA, ignoring specific water and environmental laws like the National Water Act (NWA) and the National Environmental Management: Waste Act (NEMWA).
• The document recommends that the authorization, monitoring, and enforcement of fracking be managed by a specialized, inter-departmental unit under the Minister of Water and Environmental Affairs, rather than the Department of Mineral Resources (DMR), to avoid conflicts of interest between promoting mining and protecting the environment.
• To ensure the integrity of environmental impact assessments (EIAs), the CER proposes the appointment of an independent expert panel by the Minister of Water and Environmental Affairs to review and advise competent authorities.
• The CER argues that the proposed regulations rely too heavily on the American Petroleum Institute (API) standards, which are produced by a trade association and are not impartial benchmarks.
• The report demands the establishment of environmental baselines for key indicators—including groundwater and surface water quality, seismic characteristics, air quality, and noise—to be collected over a two to five year period before any new drilling begins.
• The document calls for a prohibition on the use of potable water for fracking and requires a mandate to reduce the use of freshwater overall.
• The CER recommends 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 emphasizes the need for full public disclosure of fracking fluid additives and volumes on a public register, noting that commercial trade secrets should not override the violation of constitutional rights.
• The CER advocates for the use of 'green completions' to separate flowback water from natural gas, which would eliminate the venting and flaring of natural gas.
• Financial provision for rehabilitation must be ring-fenced against insolvency and adjusted for inflation to ensure that the costs of remedying long-term environmental damage are covered.

APA

Centre for Environmental Rights (2014). MINIMUM REQUIREMENTS FOR THE REGULATION OF ENVIRONMENTAL IMPACTS OF HYDRAULIC FRACTURING IN SOUTH AFRICA. https://cer.org.za/wp-content/uploads/2014/04/CER-Minimum-Requirements-for-the-Regulation-of-the-Environmental-Impacts-of-Fracking-Web.pdf?x21779

Chicago

Centre for Environmental Rights. MINIMUM REQUIREMENTS FOR THE REGULATION OF ENVIRONMENTAL IMPACTS OF HYDRAULIC FRACTURING IN SOUTH AFRICA. 2014. https://cer.org.za/wp-content/uploads/2014/04/CER-Minimum-Requirements-for-the-Regulation-of-the-Environmental-Impacts-of-Fracking-Web.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=February 2014 |url=https://cer.org.za/wp-content/uploads/2014/04/CER-Minimum-Requirements-for-the-Regulation-of-the-Environmental-Impacts-of-Fracking-Web.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2014minimum, 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 = {2014}, month = feb, url = {https://cer.org.za/wp-content/uploads/2014/04/CER-Minimum-Requirements-for-the-Regulation-of-the-Environmental-Impacts-of-Fracking-Web.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }