In these Regulations a word or expression to which a meaning has been assigned in the Act, bears that meaning and, unless the context otherwise indicates—

"API standards"

means relevant American Petroleum Institute Standards;

"applicant"

means a person who intends to make an application for an exploration right or production right in terms of the Act;

"aquifer"

has the meaning assigned to it in section 1(1) of the National Water Act, 1998 (Act No.36 of 1998);

"base fluid"

means the continuous phase fluid type, including, but not limited to water used in hydraulic fracturing operations;

"casing"

means piping positioned in a wellbore and cemented in place to prevent soil or rock from caving and isolates fluids from the surrounding geological formations;

"competent authority"

has the meaning assigned to it in section 1(1) of the National Environmental Management Act;

"competent person"

has the meaning assigned to it in the Mineral and Petroleum Resources Development Regulations;

"EMPr"

has the meaning assigned to it in the Environmental Impact Assessment Regulations;

"environmental authorisation"

has the meaning assigned to it in section 1(1) of the National Environmental Management Act;

"Environmental Impact Assessment Regulations"

means the Environmental Impact Assessment Regulations, 2014, published in Government Notice No. R982 Government Gazette No. 38282 of 4 December 2014;

"exploration well"

means a well drilled for the purpose of obtaining specific geological and geophysical information to prove, define and assess the existence and commerciality of petroleum by conducting any type of pressure tests;

"flare"

means a thermal oxidation system using an open, enclosed, or semi-enclosed flame;

"fresh water"

means surface and subsurface water in its natural state that—

"gas"

means natural gas, including casinghead gas, coal bed methane and shale gas;

"geohazard"

means a geological state such as dolerites, kimberlite such as groundwater pathways, possible fault reactivation, zones of brecciated rock, proximity of hot springs, abnormal water temperature or presence of palaeochannels, that may lead to widespread damage or risk;

"groundwater"

means water found in the subsurface in the saturated zone below the water table;

"holder"

means a holder of an exploration or production right granted in terms of sections 80 and 84 of the Act, respectively;

"horizontal well"

means a well where the wellbore is drilled vertically to a kickoff depth beyond which the wellbore is deviated to run parallel to the target formation;

"hydraulic fracturing"

means injecting fracturing fluids into the target formation at a pressure exceeding the parting pressure of the rock to induce fractures through which petroleum can flow to the wellbore;

"hydraulic fracturing additive"

means a chemical substance or combination of substances, including, but not limited to a chemical and proppant that is added to a base fluid for the purposes of preparing hydraulic fracturing fluid;

"hydraulic fracturing flowback"

means hydraulic fracturing fluid and other fluids that return to the surface after hydraulic fracturing has been completed and prior to the well being placed in production;

"hydraulic fracturing fluid"

means the mixture of the base fluid and the hydraulic fracturing additives used to perform hydraulic fracturing;

"hydraulic fracturing string"

means a pipe or casing string used for the transport of hydraulic fracturing fluids;

"inactive well"

means a well that has not been active for six (6) consecutive months;

"micro- seismic monitoring"

means the monitoring of seismic activity less than or equal to magnitude 3 using a network of calibrated seismological equipment in order to produce readings on magnitude, depth, location, error and time of each seismic event;

"Mineral and Petroleum Resources Development Regulations"

means the Mineral and Petroleum Resources Development Regulations published in Government Notice No.R.527 dated 23 April 2004;

"naturally occurring radioactive material"

means radioactive material that naturally exists in natural materials;

"National Environmental Management Act"

means the National Environmental Management Act, 1998 (Act No. 107 of 1998);

"oil"

means natural crude oil or petroleum and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form and which are not the result of condensation of gas after it leaves the underground reservoir;

"production well"

means a well drilled for the purpose of producing petroleum;

"produced water"

means water, regardless of chloride and total dissolved solids content, that is produced in conjunction with oil or natural gas production or natural gas storage operations, but does not include hydraulic fracturing flowback;

"proppant"

means sand or a natural or man-made material that is used during hydraulic fracturing operations to prop open the artificially created or enhanced fractures;

"release"

means spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment;

"saturated zone"

means the subsurface zone below the water table where interstices are filled with water under pressure greater than that of the atmosphere;

"seismic monitoring"

means the monitoring of seismic activity using a network of calibrated seismological equipment in order to produce readings on magnitude, depth, location, error and time of each seismic event;

"specific environmental management Act"

has the meaning assigned to it in section 1(1) of the National Environmental Management Act;

"South African Waste Information System" or "SAWIS"

means a national waste information system established in terms of section 60 of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008);

"stratigraphic well"

means a well or hole drilled only for the purpose of obtaining information pertaining to specific geological, structural and stratigraphic information that might lead towards the discovery of petroleum with no intent to produce from such a well;

"the Act"

means the Mineral and Petroleum Resources Development Act, 2002(Act No.28 of 2002)

"pollution"

has the meaning assigned to it in section 1(1) of the National Environmental Management Act;

"water resources"

has the meaning assigned to it in section 1(1) of the National Water Act, 1998;

"watercourse"

has the meaning assigned to it in section 1(1) of the National Water Act, 1998;

"well"

means a drilled hole used for the purpose of exploration and production of petroleum resources;

"well integrity"

means the application of technical, operational and organisational solutions to reduce the risk of uncontrolled release of formation fluids throughout the life cycle of a well;

"well examination scheme"

means arrangements for an examination of the well conducted by an independent and competent person that are—

"well site"

means the surface area, including a well, occupied by equipment or facilities necessary for or incidental to drilling, hydraulic fracturing, production, or plugging a well.

[Regulation 84 inserted by section 2 of Notice No. R. 466 dated 3 June 2015]