An Analysis Of The Challenges For Groundwater Governance During Unconventional Gas Development In South Africa

The groundwater governance arrangements for the development of groundwater resources were analysed. The analysis highlighted gaps and barriers to overcome before unconventional gas (shale gas and coal bed methane) development can take place at an industrial scale. The following governance challenges were identified (i) setting baseline measurements to detect groundwater pollution and to determine resource status; (ii) review of licenses and setting conditions for the development of unconventional resources; (iii) compliance monitoring and enforcement systems in place (iv) dealing punitively with non-compliant operators (v) mitigation options in place to prevent groundwater pollution; (vi) goal-based regulatory framework in place rather than a prescriptive regulatory framework; (vii) disclosure of hydraulic injection fluid; (viii) coordination with other government departments and regulatory bodies; (ix) a framework for subsidiarity and support to local water management; and (x) an incentive framework that support good groundwater management. To overcome the challenges requires a decentralized, polycentric, bottom-up approach, involving multiple institutions to deal with unconventional gas development. This provides better conditions both for cooperation to thrive and for ensuring the maintenance of such institutions.