Draft oil and gas regulations spark climate justice concerns
Seismic explorations for new oil and gas resources are going to escalate in the years to come. (Paul Botes/M&G)
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The Act is under review by the department, following its passage by parliament in April last year. The draft regulations are designed to implement the new law, which focuses on the orderly development of petroleum resources, equitable access and the sustainable development of the country's petroleum resources.
The Green Connection said it formally endorsed a recent
The regulations may fall short on several fronts, said Shahil Singh, a legal adviser at The Green Connection.
'We are most concerned about the issue of public participation. People may not be able to meaningfully engage with decisions that may affect their homes, livelihoods, and natural heritage if the terms that enable their participation are too restrictive,' Singh said.
'The definition of who qualifies as an 'interested and affected party' needs to be broadened to ensure that it does not silence those whose voices matter most — particularly small-scale fishers and coastal residents.
'Moreover, expecting communities to pay a non-refundable fee to appeal administrative decisions, could create obstacles to justice that marginalised communities should not have to endure. People should not have to pay to ensure that their voices are heard.'
The global climate crisis necessitates an urgent and decisive transition away from fossil fuels, Singh wrote in the letter. 'The draft regulations, however, appear to promote the continued and expanded exploitation of oil and gas resources, directly contravening the country's national and international climate change commitments.'
The Green Connection shared the 'profound concern'expressed in the joint submission that the promotion of gas as a transitional fuel, particularly for
'Methane emissions could potentially have a greater impact than those of carbon dioxide and may be up to eighty-two times more impactful over a 20-year period.
'We strongly support the joint submission's call for the draft regulations to explicitly define and incorporate critical terms such as 'greenhouse gas (GHG)', 'Scope 1, Scope 2, and Scope 3 emissions', and 'sectoral emission targets'.'
This is essential for alignment with the
'The failure of the draft regulations to mandate comprehensive lifecycle assessments that include quantification of all greenhouse gas emissions (including methane leaks and Scope 3 emissions) as well as the unquantified social cost of carbon, as highlighted by the joint submission, is a critical omission that undermines any claim of environmentally responsible development,' Singh said.
Expanding fossil fuel infrastructure without rigorous scrutiny of the possible environmental and social implications runs counter to the global imperative for decarbonisation and South Africa's own stated commitments to a just energy transition.
'The Green Connection believes that the concerns and detailed recommendations articulated in the joint submission … are fundamental to ensuring that the regulatory framework for upstream petroleum activities in South Africa upholds constitutional environmental rights, promotes genuine public participation, protects our invaluable marine ecosystems and the livelihoods they support, and aligns with our urgent climate change obligations,' said Singh.
The country's marine and coastal ecosystems are invaluable national assets, ecologically sensitive and critical for biodiversity and livelihoods.
'The Green Connection is deeply concerned that the draft regulations, in their current form, may fail to provide adequate protection for these environments against the inherent risks of upstream petroleum activities.'
It aligned itself with the joint submission's assertion that the Act and its draft regulations appear to facilitate an accelerated expansion of oil and gas activities without adequately addressing the possibility of severe environmental impacts, Singh said, noting that this is particularly alarming for offshore exploration and production.
'We endorse the call for mandatory lifecycle impact assessments for all petroleum projects, which must quantify cumulative impacts, including those specific to marine ecosystems such as seismic impacts on marine fauna, potential for oil spills, and disruption of marine ecological integrity,' he said.
The 'current vague reference' to 'possible impact on the environment' in notice requirements is wholly insufficient, he argued.
'The inadequacy of consultation requirements for offshore developments, which may exclude those with a significant interest if not 'directly affected' or if the landowner/lawful occupier concept is inappropriately applied to marine spaces, is a critical flaw identified in the joint submission that we support rectifying.'
Coastal communities, particularly small-scale fishers, depend intrinsically on healthy marine ecosystems for their livelihoods, food security and cultural heritage.
Upstream petroleum activities may pose direct and significant threats to these communities through potential pollution, displacement from traditional fishing grounds and adverse impacts on marine resources.
'We particularly highlight the joint submission's critique of regulation 23(1)(g), which vaguely mentions 'provision for co-existence with fishermen, where applicable', within local content plans, deeming it so vague as to be almost meaningless. Such provisions must be substantive and genuinely protect fishing communities.
The broader failure of the draft regulations to create any meaningful obligations on rights holders to address and mitigate the adverse socio-economic impacts of petroleum operations on affected local communities, including fishing communities, 'is a grave concern we share with the joint submission'.
The South Durban Community Environmental Alliance said in its comments on the proposed regulations that there is no provision made for the reduction of greenhouse gas emissions. 'There is also no plan for the transition to ensure a move from upstream fossil fuel developments to alternative sources as per the country's objectives.'
The Climate Change Act aims to reduce carbon emissions and ensure the country moves from a carbon-intensive economy to a low-carbon intensive economy, however the draft regulations 'disregard this'.
By disregarding the climate change question, these developments will result in more climate change-related disasters such as floods, droughts and runaways fires. Areas such as Durban that have been
'With South Africa having signed to commit to net zero by 2050, 25 years away (less than one term of a production right) this is a regressive piece of legislation,' it said.
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