Potential Increased Water Regulation over Fracking – public comment deadline expires on Monday

The Minister of Water Affairs recently issued a notice of her intention to declare the exploration for and/or production of onshore unconventional oil or gas resources and any activities incidental thereto, including but not limited to, hydraulic fracturing (fracking) a “controlled activity”.

“This Declaration was published in the Government Gazette in August this year and the deadline for public comments is on Monday 14 October, “ says Sandra Gore, Director in the Environmental Practice at Cliffe Dekker Hofmeyr.

“The consequence of the Declaration means that the Department of Water may proclaim fracking as an activity which specifically requires a water use licence before it can lawfully commence. The intention of the Declaration is clearly to allow for greater control and oversight during fracking operations by the Department of Water,” she explains.

Gore adds that companies who wish to undertake fracking will be required to timeously apply to the Department of Water Affairs for a Water Use Licence before they can commence their operations.

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Author: Angela Graham from Cliffe Dekker Hofmeyr. Originally distributed by MyPR.co.za.