Unconventional Gas Regulations for Water Use by DWS Unconventional gas

Unconventional gas development in South Africa consists of but not limited to shale gas extraction commonly known as “fracking”, Underground Coal Gasification (UCG), Coalbed Methane (CBM), to extract natural gas from geological formations is a new, rapidly expanding industry in the world and in South Africa. However, there are general concerns that these operations could have large negative impacts such as groundwater contamination. This article maps out the development of regulations for unconventional gas operations, according to Section 26(1) (9) of the National Water Act, 1998 (NWA) and read together with Government Notice 999 (Government Gazette No.: 39299, of 16 October 2015). The objectives of the published DWS regulations include, augmenting the NWA and its existing regulatory framework, providing for a step-wise process for authorising all unconventional gas operations to allow for informed decision making, to set prohibitions and restrictions for protection of water resources, and requirements for disclosure on chemicals to be used during the operations. The objectives of DWS regulations are aligned to the NEMA, and MPRDA requirements for exploration and production of these operations, and are further supplemented by the minimum information requirements for water use licensing application and as part of integrated water resource management. In conclusion, DWS proposes thoroughly consulted and fit-for-purpose regulatory framework that seeks to propose water use law and requirements for unconventional gas operations based on the National Water Act (1998). With these proposed regulations DWS ensures that it plays its critical role in the development of a regulatory framework for unconventional gas operations.