SUBMISSIONS ON THE UPSTREAM PETROLEUM RESOURCES DEVELOPMENT BILL, B13 - 2021

The document argues that the Upstream Petroleum Resources Development Bill (B13 - 2021) is fatally flawed because it seeks to "accelerate exploration and production" of oil and gas, which contradicts South Africa's climate commitments and the global goal of net zero by 2050. The authors highlight significant administrative shortcomings, specifically the lack of a clear definition for "interested and affected party" (IAP) and inadequate consultation requirements for most application types. Furthermore, the Bill is described as being in conflict with the One Environmental System (OES) by attempting to legislate on environmental matters that fall under the exclusive purview of the Minister for Forestry, Fisheries and the Environment. The submission also calls for the incorporation of Free, Prior and Informed Consent (FPIC) and a robust Social and Labour Plan (SLP) framework to protect vulnerable communities from the health and economic risks associated with petroleum extraction.

• The Bill's objective to "accelerate exploration and production, and maximise the economic recovery of petroleum for the benefit of the people of South Africa" is viewed as irrational and a violation of Constitutional rights given the global climate emergency.
• The authors argue that the Bill contradicts the International Energy Agency's advice that achieving net zero by 2050 requires "no new investment in fossil fuel" and no new oil and gas projects.
• The Bill is criticized for inadequate public participation provisions, specifically the failure to define "interested and affected party" (IAP), which may lead to the exclusion of lawful occupiers, land claimants, and marginalized community voices.
• Consultation requirements in the Bill are limited to specific licensing rounds and reconnaissance permits, leaving a wide range of other applications—such as drilling permits and extensions of exploration phases—without mandatory consultation clauses.
• The document asserts that the Bill conflicts with the One Environmental System (OES) by legislating on environmental matters that are the exclusive responsibility of the Minister for Forestry, Fisheries and the Environment.
• The submission advocates for the adoption of Free, Prior and Informed Consent (FPIC) as a standard to balance power dynamics between extractive industries and indigenous or local communities.
• The Bill is noted for lacking a Social and Labour Plan (SLP) framework, which the authors argue is essential for poverty alleviation and ensuring that local communities benefit from extractive operations.
• The authors express concern that the Bill's peremptory wording regarding the granting of rights and permits removes necessary discretion from the Minister and PASA, reducing the process to a "check-box exercise".
• The Bill's provision for the Petroleum Agency to designate areas as "frontier" is criticized for creating an "open season" on oil and gas development, which contradicts South Africa's Nationally Determined Contributions (NDCs).
• The document highlights significant health risks associated with petroleum development, including increased mortality and morbidity such as cancer and respiratory diseases, which could overburden healthcare systems.

APA

Centre for Environmental Rights (2023). SUBMISSIONS ON THE UPSTREAM PETROLEUM RESOURCES DEVELOPMENT BILL, B13 - 2021. https://cer.org.za/wp-content/uploads/2023/03/LAC-UPRD-Bill-public-provincial-hearing-comments_March-2023.pdf?x21779

Chicago

Centre for Environmental Rights. SUBMISSIONS ON THE UPSTREAM PETROLEUM RESOURCES DEVELOPMENT BILL, B13 - 2021. 2023. https://cer.org.za/wp-content/uploads/2023/03/LAC-UPRD-Bill-public-provincial-hearing-comments_March-2023.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=SUBMISSIONS ON THE UPSTREAM PETROLEUM RESOURCES DEVELOPMENT BILL, B13 - 2021 |date=30 March 2023 |url=https://cer.org.za/wp-content/uploads/2023/03/LAC-UPRD-Bill-public-provincial-hearing-comments_March-2023.pdf?x21779 |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2023submissions, author = {{Centre for Environmental Rights}}, title = {{SUBMISSIONS ON THE UPSTREAM PETROLEUM RESOURCES DEVELOPMENT BILL, B13 - 2021}}, publisher = {Centre for Environmental Rights}, year = {2023}, month = mar, url = {https://cer.org.za/wp-content/uploads/2023/03/LAC-UPRD-Bill-public-provincial-hearing-comments_March-2023.pdf?x21779}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }