On 3 June 2015 in Government Gazette 38855 Notice Number 466 the Minister of Mineral Resources published, under section 107 of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA), read with the provisions of section 14 of the Interpretation Act 33 of 1957,  Regulations for Petroleum Exploration and Production (Shale Gas / Fracking Regulations). 

The purpose of the regulations is to prescribe standards and practices that will ensure the safe exploration and production of onshore operations. This will be achieved through:

• The conducting of environmental impact assessments (EIA’s) for both the exploration and production phases which EIAs must include:
  • an assessment of conditions below ground;
  • water resource monitoring;
  • an assessment of related seismicity;
  • site preparation; and
  • site containment.
• The obtaining of authorisations, where required, to protect astronomy advantage areas declared for radio astronomy purposes and optical astronomy purposes;
• The establishment of specific standards and criteria in connection with well design and construction;
• The inclusion of provisions in relation to the operation and management of an exploration or production operation;
• The effective management of:
  • water resources;
  • waste;
  • pollution incidents; and
  • air quality.
• The setting of criteria for the suspension or decommissioning of wells.

Written by Warburton Attorneys

This Legal Brief should not be regarded a comprehensive discussion of the topics addressed and, in particular, should not be taken as legal advice or relied upon. For further information please contact: lulu@warburtons.co.za