SENSITIVE MARINE AREAS: OFF-LIMITS FOR SHIP BUNKERING
REVISED DRAFT REGULATIONS OUT FOR PUBLIC COMMENT
On the 4th of July 2025, the Minister for Environment published the draft regulations for the Environmental Management of Offshore Ship-to-Ship Transfer for public comment.
This is the second iteration of the draft regulations, the first iteration being published in February 2025.
What is "ship-to-ship transfer" (STS) and what do these proposed regulations cover?
Ship-to-ship transfer (STS) refers to the transfer of liquid bulk cargo, including chemicals, oil, petroleum products, liquefied petroleum gas, or liquefied natural gas, from one vessel to another while at sea, specifically outside of an operational harbour area. This definition also includes bunkering, which is the supply of fuel to a vessel at sea.
What are the main prohibited areas for STS operations?
Ship-to-ship transfer operations are strictly prohibited in several sensitive marine areas. These include:
Within any marine protected area.
Within five nautical miles of the boundary of a marine protected area.
Within an aquaculture development zone.
Within five nautical miles of an aquaculture development zone.
Within three nautical miles of the high-water mark.
Additionally, STS operations are generally not permitted between sunset and sunrise unless specific nighttime spill detection and recovery plans are approved and the operator can detect, manage, and respond to spills at night, including a nighttime emergency spill response drill.
What measures are required to protect marine wildlife during STS operations?
Operators undertaking STS transfers must implement several measures to protect marine wildlife:
Appoint a person to maintain a constant watch for marine mammals and penguins for 30 minutes before and during the transfer.
Install an active hydrophone system with live streaming capabilities to detect marine mammals within 500 meters of the operation, deployed 30 minutes prior to commencement and throughout.
Operations cannot commence if a marine mammal or penguin is sighted within 500 meters or detected by hydrophone.
Monthly reports must be submitted to the Department regarding any sightings or hydrophone detections of marine mammals or penguins.
Immediate reporting is required for any injured, deceased, entangled, oiled, or disorientated marine mammals, turtles, or seabirds, including the extent and cause of injury or death if known.
Operators are responsible for collecting and transporting oiled wildlife to authorized facilities or contacting such facilities if instructed by the Minister.
What are the key weather conditions for STS operations, particularly in Algoa Bay?
For STS operations, especially in Algoa Bay, specific weather conditions must be met to ensure safety and minimize risks:
A suitable weather window must be available to cover the entire duration of the STS operation, including mooring and unmooring.
The wind force must be below 22 knots.
The average wave height must be below 2 meters.
Operations must comply with the South African bunkering code of good practice and ship-to-ship cargo transfer code of good practice. For areas other than Algoa Bay, the Minister may determine specific weather conditions by written notice to the operator.
What are the minimum requirements to prevent or mitigate oil spills during STS operations?
To avoid or mitigate oil spills, STS operators must adhere to several minimum requirements:
Use drip trays for equipment runoff outside bunded areas, directing contents to a closed drainage system.
Implement leak detection and repair programs.
Only use low-toxicity biodegradable detergents for cleaning.
Deploy an inflatable curtain boom prior to each operation to best mitigate spills, and constantly monitor its integrity and positioning.
Keep secondary booms on standby to reinforce existing booms in case of failure.
Ensure the STS transfer tanker is equipped with gas detection equipment that alarms when flammable gas or vapor is detected.
A spill response vessel must be on standby in proximity to the operation, capable of responding within 30 minutes of an incident.
What is an "STS environmental management plan" and who is responsible for it?
An "STS environmental management plan" (STS EMP) is a comprehensive plan developed by an independent specialist and approved by the Minister, which is mandatory for all STS operations.
The ship-to-ship transfer operator is responsible for its development, approval, and implementation. This plan must identify site-specific environmental risks, include an operational ocean forecast for spill modeling, outline mitigation measures, incorporate a wildlife preparedness and response strategy, include a detailed contingency plan (including a wildlife contingency plan), have an underwater noise mitigation and management plan, detail spill response vessels, establish emergency response procedures for marine animal collisions/entanglements, and include a monitoring program.
For nighttime operations, a specific nighttime spill detection and recovery plan is also required as part of the STS EMP.
An independent specialist must also monitor compliance with the approved plan and submit quarterly reports to the Minister.
Are there specific rules for Algoa Bay, and what is "force majeure"?
Yes, Algoa Bay has specific regulations. Despite general prohibitions on proximity to certain areas, authorized STS operators in Algoa Bay may only operate within designated anchorage areas 1 and 2 (as detailed in Annexure 1 of the regulations).
There is a limit of three STS operators and no more than six STS transfer tankers operating in Algoa Bay at any one time. Furthermore, STS operations are prohibited in anchorage 2 of Algoa Bay from April 1st to August 31st each year, except in cases of emergency or force majeure.
"Force majeure" refers to unforeseen circumstances that prevent someone from fulfilling a contract or obligation, and in this context, any person authorized for STS due to force majeure or emergency does not have to comply with the general requirements of these regulations.
What are the consequences for non-compliance with these regulations?
Non-compliance with specific regulations, including those concerning prohibitions, wildlife monitoring, weather conditions, spill mitigation, training requirements, the STS environmental management plan, Algoa Bay restrictions, and notifications, constitutes an offence.
A person convicted of such an offence may face a maximum fine of two million Rand, imprisonment for a maximum period of 5 years, or both a fine and imprisonment.
The public has until 3rd of August 2025 to submit comments.
The draft regulations can be accessed HERE.
