Fracking in the Karoo: Approvals Required?

• Jurisdiction: South Africa
• Date: 16 August 2019
• Published date: 16 August 2019
• Pages: 34-54
• Author: Jeannie van Wyk

34

FRACKING IN THE KAROO: APPROVALS

REQUIRED?

Jeannie van Wyk

BBibl LLB LLM LLD

Professor, University of South Africa*

“But now they have taken the water, and we are all in pieces.”1

1 Introduction

Like many other countr ies, South Africa has long been look ing for ways

in which t o become energy self-su fcient. To that e nd the state oil company

Soekor undertook conventional onshore oil ex ploration in the 1960s. However,

this was abandoned in 1979 because the re were no prospects of success. It is no

surprise, t herefore, that the possibility of exploiting vast shale gas deposits in

the Karoo Basin2 i n South Africa was gr eeted with much enthusiasm when,

in 2008, application was made for exploration rig hts for coal bed methane

as a right separate f rom rights to coal.3 Estimates indicate that technically

recoverable shale gas resources in South Africa form the ft h-largest reserve

glo ba lly, 4 amounting to some 485 tri llion cubic feet.5 On becoming aware

of the shale gas deposits, a number of gas exploration compa nies applied to

the Depart ment of Mineral Resources for licences to ex plore for shale gas

in the area known as t he Karoo Basin using the mining tech nique known as

hydraulic fracturing, or “fracking”.6

The granti ng of the applications was met with stiff opposition f rom a

number of qu arters, including env ironmental groups such as Treasure the

Karoo Action Group,7 the Centre for Environmental R ights (“CER”),8

* Based on the pap er entitled Wha t to do about Frack ing in the Karoo? presented at the Ma ster Class,

Young Property L awyers Forum, U niversity of Stellenb osch, 31-10-2012 I wi sh to thank Elma rie van der

Schyff for her in sightful comm ents on an earlier d raft of the paper I wou ld also like to exte nd my sincere

appreciatio n to the anonymous revi ewers who made constr uctive inputs I take f ull responsibil ity for all

errors

1 K Jaye s For the Mercy of Water (2012) 46

2 Se e map at part 3 below

3 D epartment of M ineral Resour ces Report on Inves tigation of Hydra ulic Fracturing in t he Karoo Basin of

South Afric a (2012) 15

4 Nat ional Planning C ommission Nation al Development Plan (2011) ch 4 167

5 D epartment of M ineral Resour ces Report on Inves tigation of Hydra ulic Fracturing in t he Karoo Basin of

South Afric a 5

6 A nonymous “Plann ing Body Punts Sh ale Gas Exploration” (11-11-2011) News 24

fin24/ Economy/Planni ng-body-punts-s hale-gas-explor ation-20111111> (accessed 20-12-2012)

7 Trea sure Karoo Act ion Group “Fracki ng Facts” Treasure the Karoo

frackin g-facts> (acc essed 20 -12-2012); D Fig “Fracking and the Demo cratic D eficit i n South Africa”

(31-07-2012) TNI 29-30 (accessed 25-10-2012)

8 M Fou rie “Position Statement on P rotection of Environm ental Rights in Deci sions around Fracking for

Shale Gas” (13- 08-2012) CER za /position-statement-on-protection-of-environmental-

rights-in -decisions-aro und-fracking-fo r-shale-gas/> (acces sed 20-12-2012)

(2014) 25 Stell LR 34

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Sustainable Alter natives to Fracking and Exploration Allia nce (“SAFE”),9

the Southern Cape La nd Committee10 and landowner s.11 In the face of all

the opposition, the exploration companie s continue to insist that the economic

benets outweigh the concer ns.12

In March 2010 all the uncertaint ies and controversies around fra cking, not

only in South Afr ica, led to the Depart ment of Mineral Resources placing a

moratorium on licences t o extract gas in the Ka roo Basin in order to get a

better perspe ctive on fracking. A month later, the Minister set up a ta sk team

to investigate the impact of mi ning for shale gas in the Karoo.13 Faced with a

lack of information and docu mentation about fracki ng in South Africa,14 the

task team based its re port mainly on data from t he United States of America,15

where fracking is a s widespread as it is contentious.16 It pointed out that t he

technology enabling shale gas pro duction is controversial because of the need

to use large volumes of water; the potential pollut ion of water resources as a

result of surface spills or u nderground leakages; the t reatment and disposal

of waste uids and the potent ial “footprint” of any development as well as

concerns arou nd socio-economic impacts.17 Nevert heless, it recommended

the following: to proceed with norm al exploration excluding the actual

hydraulic fract uring under the existing regulat ory framework; to const itute a

monitoring comm ittee; to augment the cur rent regulatory framework and, on

the completion of these actions, to author ise hydraulic fract uring under strict

supervision of the monitor ing committee.18 In Septemb er 2012 the Minister

of Mineral Resources li fted the moratorium.

Since fracking ha s the potential to affect the env ironment and water

resources detr imentally, the main focus of the article is to determi ne whether

any permit(s), l icences or authorisations are required before fracking can

commence. The differe nt approval processes that contain p rocedures for

both public participation and t he submission of some sort of environmental

assessment, program me or report are highlighted.

9 Wi lderness Found ation “Inf luential NGO’s Unite to Fight Fr acking” Wilderness Foundation

www wildernes sfoundation co za /index php?> (accessed 26 -11-2012)

10 J du Toit “Karoo Frack ing Threat Unit es Communit ies” Karoospace

karoo-sp ace-magazin e/talking-poi nt/125-karoo-f racking-thr eat-unites-c ommunities> (accesse d 25- 06-

2013); D Fig “Fracking Issues Req uire New Laws” Mail & Guardian (10- 08-2012)

11 Fig “Frackin g and the Democratic Def icit in South Afric a” TNI 29-30; Du Toit “Karoo Fracking Th reat

Unites Commun ities” Karoospace

12 Anonymous “ Shell SA Ready to Act afte r Karoo Fracking De cision” (10-09-2012) Business Day

www bdlive co za/Feeds/Bu sinessDay/2012/09/10/shell-sa-ready-to-act-after-karoo-f racking-decision>

(acce ssed 2 2-01-2013)

13 Depart ment of Mineral Res ources Report o n Investigation of H ydraulic Fractu ring in the Karoo Bas in of

South Afric a 9

14 In view of the in terest in hydraulic fr acturing the Petroleu m Agency SA has made available a var iety

of material on shale gas explora tion See

(access ed 17-06-2013)

15 Depart ment of Mineral Res ources Report o n Investigation of H ydraulic Fractu ring in the Karoo Bas in of

South Afric a 10 Se e further pa rt 5 below

16 MJ de Wit “The G reat Shale Debate” (2011) 107 South African Jou rnal of Science 791-799 See further

part 5 below

17 Depart ment of Mineral Re sources Repor t on Investigatio n of Hydraulic Fract uring in the Karoo Ba sin of

South Afric a 16

18 7-8

FRACKING IN THE KAROO 35

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