Groundwater governance

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.

Surface water has traditionally been the primary resource for water supply in South Africa. While relatively easy to assess and utilise, the surface water resource is vulnerable to climatic conditions, where prolonged periods of drought can lead to an over-exploitation and eventually water shortness and supply failure.

The South African government is actively pursuing unconventional oil and gas (UOG) extraction to augment energy supplies in South Africa, but it risks damaging water quality. The Department of Water Resources and Sanitation recently released regulations to protect water resources during UOG extraction for public comment.

Governing groundwater in a way that does not deplete the source of water, nor cause any form of degradation is a global challenge. In South Africa, scholarship shows an extensive history of groundwater governance doctrines. Yet, the country’s groundwater remained a poorly governed resource. A recent regulatory regime change culminated in the National Water Act 36 of 1998 (NWA), which was specifically promulgated to ‘provide for fundamental reform of the law relating to water resources’.