Abstract
This note deals with the 2015 regulations pertaining to hydraulic fracturing in South Africa from a project life-cycle approach. A brief history of the fragmentation of the regulation of environmental and mining related matters is provided, followed by a discussion of the application of the 2015 regulations during the project life cycle, ie the pre-commencement phase, the design and authorisation phase, the testing phase, the operational phase and the decommissioning and closure phase.
Highlights
Hydraulic fracturing is a reality in South Africa and the promulgation of the Regulations for Petroleum Exploration and Production on 3 June 2015 is a step forward in the regulation of this new phenomenon
This note will address the regulation of petroleum exploration and production from a project life-cycle approach with specific reference to the new regulations pertaining to hydraulic fracturing in South Africa
All applications for hydraulic gas exploration and production are to be approved by the Minister of Mineral Resources,37 but the applications for environmental authorisations will have to be completed in terms of the NEMA38 and its regulations
Summary
In 2012 the South African Department of Mineral Resources appointed a task team to investigate the possible environmental risks of the exploitation of shale gas, as well as the negative social and economic impacts that such activities may have in the Karoo.. If the Constitutional Court confirms the invalidity of this order, this may create a legal vacuum in the issuing of environmental and waste authorisations relating to mining, petroleum and gas exploration and production. This may delay the process even further.. This note will address the regulation of petroleum exploration and production from a project life-cycle approach with specific reference to the new regulations pertaining to hydraulic fracturing in South Africa. In this note a brief historical background will be provided relating to the regulation of environmental and mining matters and the introduction of the so-called one environmental system, GN R466 will be discussed from a project life cycle approach, commencing with the pre-commencement phase, the design and authorisation phase, the testing phase, the operational phase and the decommissioning or closure phase, and this will be followed by a few comments on the new regulations
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