# fracking regulations

- Link: https://dearsouthafrica.co.za/fracking-regulations/
- Published: 2022-07-24T17:59:00+02:00
- Author: dearSA

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### **1,213**** **comments individually delivered, (closed 25 August 2022)

### The Department of Forestry, Fisheries and the Environment published the Proposed Regulation pertaining to the Exploration and Production of Onshore Oil and Gas requiring Hydraulic Fracturing, and is asked the public to comment.

    - The regulations identify prohibited activities and prohibited geographic areas
      for the use of hydraulic fracturing technology, which include 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,
    - The Hydraulic Fracturing Regulation will be supported by two Minimum Information
      Requirements (MIR).

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### SUMMARY

The publication of the proposed regulations comes four years after the Supreme Court
of Appeal set aside the Regulations for Petroleum Exploration and Production.

“They were intended to set standards for the use of hydraulic fracturing technology
on the basis that they were managing environmental impacts and only the Minister
responsible for the environment was empowered to make regulations on environmental
matters.

“The regulations identify prohibited activities and prohibited geographic areas 
for the use of hydraulic fracturing technology, which include 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,” the
Department of Forestry, Fisheries and the Environment said on Wednesday.

In addition, an environmental authorisation is required for each phase of the process
including seismic survey without hydraulic fracturing, hydraulic fracturing and 
the production phase.

This step-wise approach allows for information to be generated to support each phase
of the process and will facilitate the consideration of cumulative impacts of the
operation.

“General and specific requirements are 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 the consideration of applications, conditions of approval and the
decision-making process,” the department said.

The Hydraulic Fracturing Regulation will be supported by two Minimum Information
Requirements (MIR).

The first document will consider the environmental requirements for exploration 
anticipating the use of hydraulic fracturing and the second will consider the environmental
requirements for exploration and production utilising hydraulic fracturing technology.

“These documents are to provide guidance to developers on the authorisation requirements
for all decision-making and will facilitate a one stop authorisation process,” the
department said

“The first Minimum information Requirement being ‘The Minimum Requirements for the
Submission of Applications for an Authorisation, Right, Permit or Licence for the
Onshore Exploration of Oil and Gas Intending to Utilise Hydraulic Fracturing, Revision
0 May 2022,’ has been developed and is available for public comment,” the department
said.

**The objectives of the MIR are as follows:**

 * To identify and consolidate the authorisation requirements of all decision-making
   authorities into one guidance document for the information of the applicant;
 * To facilitate the combination of the information prepared in line with the Minimum
   Requirements into one consolidated impact assessment report and base line monitoring
   plan;
 * To facilitate the process of simultaneous application submission for the authorisation,
   permits or licences required for the onshore exploration of oil and gas intending
   to utilise hydraulic fracturing; and
 * To facilitate the process of simultaneous decision-making.

A second MIR document dealing with the actual impacts of hydraulic fracturing entitled“
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” will be prepared in the near future.

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