USE OF WATER FOR GAS EXPLORATION & PRODUCTION
MINISTER PUBLISHES PROPOSED UNCONVENTIONAL GAS REGULATIONS FOR PUBLIC COMMENT
REGULATIONS FOR THE USE OF WATER FOR EXPLORATION AND PRODUCTION OF ONSHORE NATURALLY OCCURRING HYDROCARBONS THAT REQUIRE STIMULATION, INCLUDING HYDRAULIC FRACTURING AND UNDERGROUND COAL GASIFICATION, TO EXTRACT, AND ANY ACTIVITY INCIDENTAL THERETO THAT MAY IMPACT DETRIMENTALLY ON THE WATER RESOURCE
THE UNCONVENTIONAL GAS REGULATIONS
22 November 2024: The Minister for Water and Sanitation has recently promulgated new regulations entitled “The Unconventional Gas Regulations“ under the National Water Act for public comment.
PURPOSE & APPLICATION
The stated purpose of the regulations is to protect the water resource so as to avoid and minimise detrimental and cumulative impacts on the water resource by the controlled activity.
The Regulations apply to all onshore exploration, mining and production operations that may impact detrimentally on a water resource.
A person may not conduct, carry out, undertake or commence with a controlled activity without a water use license.
APPLICATIONS AND LICENSING
Applicants intending to undertake exploration of hydraulic fracturing & coalbed methane and other techniques with similar operation activities, must prepare a BASELINE MONITORING PLAN which must be submitted as part of the application for a Water Use License. (WUL)
Applicants intending to undertake Underground Coal Gasification (UCG) must prepare a BASELINE WATER MONITORING PLAN.
PROHIBITIONS & RESTRICTIONS
The Regulations list areas within which exploration and production of controlled activities are prohibited, such as 5km from towns or highly populated areas.
The Regulations also list activities which are prohibited during the exercising of an exploration or production right for a controlled activity.
DISCLOSURE
Another important provision in the proposed regulations is that the holder of a WUL must ensure that the WUL is made available to ANYONE on request, at the site of the controlled activity.
OTHER PROVISIONS IN THE PROPOSED REGULATIONS
The proposed regulations also aim to regulate the following aspects :
drilling, hydraulic fracturing additives & wastewater management
well design and decommissioning
prohibited substances
water quality limits for discharge into a water resource and/or irrigation with wastewater
PUBLIC COMMENT
Any person wishing to comment on the proposed regulations, may do so within 30 days from 22 November 2024, by emailing: unconventionalgas@dws.gov.za
Download the Draft Regulations HERE.
