Barbara Creecy, minister of forestry, fisheries, and the environment, has made the draft regulations for the exploration and production of onshore oil and gas needing hydraulic fracturing available for public comment.
The Minister also announced his desire to set minimum standards for applications for authorizations, rights, permits, or licenses for onshore oil and gas exploration with a view to using hydraulic fracturing.
The National Environmental Management Act’s draft regulations and minimum standards have been made public.
Four years after the Supreme Court of Appeal invalidated the Regulations for Petroleum Exploration and Production, the proposed regulations have finally been published.
“On the grounds that they were managing environmental impacts and that only the Minister responsible for the environment was authorized to enact regulations on environmental problems, they were meant to set standards for the use of hydraulic fracturing technology.
The Department of Forestry, Fisheries and the Environment stated on Wednesday that “the regulations identify prohibited activities and prohibited geographic areas for the use of hydraulic fracturing technology, including the use of potable water for hydraulic fracturing activities and the use of municipal water treatment facilities for the disposal of wastes from hydraulic fracturing operations.”
Every stage of the procedure, including seismic survey without hydraulic fracturing, hydraulic fracturing, and the production phase, also requires an environmental permit.
The consideration of the operation’s cumulative effects will be made easier thanks to this methodical approach, which enables information to be generated to assist each stage of the process.
The department stated that there are “general and specific requirements set for ongoing environmental monitoring of hydraulic fracturing and production operations, while effect is given to coordination between decision-making authorities in relation to monitoring, environmental assessments, timeframes for considering applications, conditions of approval, and the decision-making process.”
Two Minimum Information Requirements will support the Hydraulic Fracturing Regulation (MIR).
The environmental requirements for exploration expecting the use of hydraulic fracturing will be considered in the first document, and the environmental requirements for exploration and production utilizing hydraulic fracturing technology will be considered in the second.
The government stated that “these materials are to serve as guidance to developers on the permission requirements for every decision-making and will promote a one stop authorisation process.”
According to the department, “The first Minimum Information Requirement is The Minimum Requirements for the Submission of Applications for an Authorisation, Right, Permit or Licence for the Onshore Exploration of Oil and Gas Intent to Utilise Hydraulic Fracturing, Revision 0 May 2022, and is available for public comment.”
The following are the MIR’s goals:
To facilitate the combination of the data prepared in accordance with the Minimum Requirements into one consolidated impact assessment report and base line monitoring plan;
To identify and consolidate the authorisation requirements of all decision-making authorities into one guidance document for the applicant’s information;
To facilitate the simultaneous filing of applications for authorizations, permits, or licenses needed for onshore oil and gas exploration that would use hydraulic fracturing; and
to aid in the simultaneous decision-making process.
The “Minimum Information Requirement for the Submission of Applications for the Authorisation, Right, Permit or Licence for Onshore Exploration and Production of Oil and Gas Utilising Hydraulic Fracturing” MIR document, which addresses the actual effects of hydraulic fracturing, will be prepared in the near future.
The minimum requirements and the regulations are open to public discussion and written submission for 45 days.
The public is encouraged to provide written feedback to any of the following addresses:
By post to: Department of Forestry, Fisheries and the Environment
The Director-General
Attention: Dr Dee Fischer
Private Bag X447
PRETORIA
0001
Handwritten at: Arcadia, Pretoria, 473 Steve Biko Road, Reception, Environment House.
Due of the COVID-19 epidemic, the department discourages providing the comments by hand.
All visitors to the department’s buildings must follow COVID-19 guidelines.
Send an email to dfischer@dffe.gov.za.
Dr. Dee Fischer can be contacted at dfischer@dffe.gov.za with any questions regarding either of the announcements.
After the closing dates, comments or input may not be taken into consideration.
Click on the following links to access the Government Gazettes:
Proposed Rules for Onshore Oil and Gas Exploration and Production Requiring Hydraulic Fracturing:
https://www.dffe.gov.za/sites/default/files/gazetted notices/nema onshoreoilgasexplorationhydraulic g47112gon2273.pdf
Application submission guidelines for authorizations, rights, permits, or licenses for onshore oil and gas exploration that will use hydraulic fracturing must meet the following minimum standards:
nema MIRonshoreoilgasexplorationhydraulic g46688gon2265.pdf is available at: www.dffe.gov.za/sites/default/files/gazetted notices.