Public Consultation on Proposed Unconventional Gas Regulations: Deadline Approaches

The Department of Water and Sanitation (DWS) has announced that the second round of public consultations and comments on these regulations is now open.

Interested parties have one week left to submit written comments or participate in the public consultations on the proposed Unconventional Gas Regulations, which include regulations on hydraulic fracturing (fracking), coal bed methane, and underground coal gasification. The Department of Water and Sanitation (DWS) has announced that the second round of public consultations and comments on these regulations is now open.

Water and Sanitation Minister, Pemmy Majodina, published Gazette Notice 51642 on 22 November 2024, providing a 30-day period for stakeholders and the public to submit their representations on the proposed regulations. These regulations aim to manage the use of water resources in activities such as fracking, coal bed methane extraction, and underground coal gasification, which are commonly used in the extraction of unconventional gas.

In a statement on Wednesday, department spokesperson Wisane Mavasa confirmed that stakeholder engagements, which began in early December 2024, were temporarily put on hold on 15 December 2024 for the holiday season. Public consultations resumed on 6 January 2025, and the department is urging interested parties to submit written comments or attend the remaining engagement sessions before the deadline of 15 January 2025.

Importance of the Regulations

The regulations are being developed in response to the potential environmental impacts of unconventional gas extraction activities, particularly the risk of groundwater contamination due to chemicals used in hydraulic fracturing. The Department of Water and Sanitation, under the mandate of the National Water Act, is tasked with overseeing the protection, management, and control of water resources, particularly in activities involving water for the exploration and production of onshore hydrocarbons.

Mavasa explained that while these extraction activities were previously announced in Parliament, concerns arose over their potential adverse effects on the environment. The department has since worked on the formulation of these regulations to ensure that water resources, especially groundwater, are not contaminated as a result of these processes.

Previous Consultation and Public Input

The first round of public consultations on the regulations was initiated on 7 May 2021, with a 60-day period for public input. Following requests from stakeholders, this period was extended by an additional 30 days. After reviewing the comments received, the department aligned the proposed regulations with the Department of Forestry, Fisheries and the Environment (DFFE), before issuing the new gazette for public comment.

How to Participate

Members of the public are invited to submit their written comments or attend future stakeholder engagements. All written submissions must be sent to unconventionalgas@dws.gov.za by 15 January 2025.

This round of public consultations is critical to ensuring that the regulations are well-informed, practical, and able to protect water resources while allowing for the safe and responsible exploration of unconventional gas resources.