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

The Centre for Environmental Rights (CER) argues that current proposed fracking regulations in South Africa are inadequate because they rely on industry standards and are housed under the Mineral and Petroleum Resources Development Act (MPRDA) rather than comprehensive environmental laws. The document advocates for a regulatory regime based on the Constitution and the National Environmental Management Act (NEMA), calling for a specialised inter-departmental unit to oversee authorisations and enforcement. Key recommendations include mandatory baseline environmental measurements, public disclosure of fracking fluid chemicals, a prohibition on using potable water, and the implementation of 'green completions' to eliminate gas venting and flaring. The CER emphasizes that fracking should only be permitted if it can be proven to contribute to sustainable development without causing irreparable harm to water resources or disadvantaged communities.

• 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 CER recommends that the authorisation, monitoring, and enforcement of fracking be managed by a specialised, inter-departmental unit under the Minister of Water and Environmental Affairs, with costs for inspectors partially funded by licence holders.
• Regulatory frameworks must require the establishment of environmental baselines for groundwater, surface water, seismic characteristics, air quality, and noise over a two to five year period before any new drilling begins.
• The document argues for a total prohibition on the use of potable water for fracking and requires obligations to reduce the use of freshwater.
• To prevent the venting and flaring of natural gas, the CER advocates for the mandatory use of 'green completions' to separate flowback water from gas.
• The CER criticizes the proposed regulations for relying solely on the American Petroleum Institute (API) standards, which are produced by a trade association, rather than impartial international benchmarks from the IEA, European Commission, US EPA, or UK Department of Energy and Climate Change.
• The document proposes severe administrative penalties for non-compliance, suggesting a maximum of R20 million or 10% of turnover or 10% of gross asset value, whichever is highest.
• Full public disclosure of fracking fluid additives and volumes is required, noting that commercial trade secrets should not outweigh the violation of fundamental constitutional rights.
• Financial provision for rehabilitation must be ring-fenced against insolvency and adjusted for inflation to ensure that the state does not bear the cost of long-term environmental degradation.
• The CER highlights that the proposed regulation's groundwater pollution baseline of 10,000 mg/l Total Dissolved Solids is inadequate compared to the South African Water Quality Guidelines, 1996, which suggest health effects are minimal below 2,000 – 3,000 mg/l.

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 press release |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

@misc{centreforenvironmentalrights2014minimum, 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 = {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} }