The processes and timing surrounding the current round of applications for gas exploration rights have exposed a number of material issues that reinforce the call this year for the Minister of Mineral Resources to institute a moratorium on the granting of these rights.

These applications have resulted in significant opposition from civic stakeholders, mainly because of the proposal by the applicants to make use of a controversial technique called fracking, to test whether gas will flow. The possible negative effects of fracking have already been well documented and we know that it will use millions of litres of water and a toxic cocktail of chemicals. This method has the potential to pollute water sources if mistakes occur, and poses a significant challenge for effective waste management.

The proposed processes are new to South Africa, and thus, we should not rush into approving them. While thousands of wells have been fracked around the world, most notably in the USA, South Africa would be ill-advised not to notice the concerns that have been raised as a result. Pollution incidents can and do happen. The Minister simply cannot ignore that the Environmental Protection Agency in the USA is currently studying the possible negative relationship between fracking and drinking water quality. The study is only due for completion in three years time.

By the Minister’s own acknowledgement, there is no policy on fracking in South Africa. The Mineral and Petroleum Resource Development Act (MPRDA) provides, in general terms, for an applicant to demonstrate its technical ability to conduct exploration in line with best industry practice. The Petroleum Agency South Africa (PASA) is tasked with ensuring that operators have the required means, skills and understanding of any exploration activity. These provisions set off a number of alarm bells.

PASA has no experience of regulating fracking. While applicants are at pains to point out that they will report any pollution events if they occur and will remediate affected areas, the Department of Mineral Resources’ record of defending the public interest against mines that deviate from their environmental management plans is exceptionally weak. The Minister refused to divulge details of actions taken by her Department against mines with environmental transgressions. So how can the public be assured that our government will monitor and enforce the law if fracking occurs?

Dealing with applications for onshore gas exploration is new to PASA. This small agency, with a miniscule staff and possessing a budget which will not see it adequately through the next two years, is not in a position to make a considered decision on applications that cover a landmass of South Africa in excess of 200 000 square kilometres.

In addition, these exploration rights can have fundamentally negative impacts on the value of land in the exploration areas. Because land owners do not know where the drill sites will be, as these will only be identified after the granting of rights to applicants, thousands of individual land owners will live in constant fear that their land could be the next drilling site.

Due to the problems associated with interested and affected parties understanding the proposed fracking processes, the massive extent of land under application and the very narrow timeframe for consultation, it is my considered opinion that the processing of these applications cannot be done fairly and meaningfully. By the admission of consultants working on one of the exploration applications, they themselves feel rushed by the timeframes. It seems implausible that the applicants will be able to prove that they have informed all affected parties before the submission of their final Environmental Management Plans (EMPs).

Notwithstanding that many affected parties may be left out of the consultation process, PASA will have to consider the summarized comments of thousands of stakeholders who have commented on the various applications during the drafting of the applicants’ EMPs. In my opinion however, PASA has already shown bias towards the process of fracking before the consideration of public comments.

At a portfolio meeting in Parliament a staff member of PASA attempted to play down the known impacts of fracking, arguing they could be mitigated. This suggests PASA may already have made up its mind about the suitability of fracking before it has even officially begun to apply its mind to the submitted EMPs. This may be a material defect in the process.

There are many substantial reasons to suggest that the current processes are underway are unfair, flawed, and will have unintended consequences if approval of rights are rushed. The Minister would do well to go back to the drawing board and to learn from the real concerns that South Africans are raising about gas exploration.

Images: User:Ruhrfisch on Wiki Commons