Revised Draft Regulations for Onshore Petroleum Exploration and Hydraulic Fracturing

Posted 07 November 2025 Written by Acts Online
Category Environmental Law

Brought to you by SA Legal Academy: The Department of Forestry, Fisheries & the Environment (DFFE) has released updated draft regulations and technical requirements for onshore petroleum exploration involving fracturing technology.

In terms of the National Environmental Management Act, No. 107 of 1998, the Minister has gazetted revised draft regulations for the exploration and production of onshore petroleum resources requiring hydraulic fracturing. These proposals, which follow an initial draft released in July 2022, are supported by two sets of draft minimum information requirements (MIRs) and specific decommissioning guidelines.

While the initial deadline for public comment was set for 7 December 2025, a notice gazetted on 1 December 2025 has officially extended the commentary period to 13 January 2026. This extension applies to the draft regulations and the associated MIRs intended to facilitate the application process for environmental authorisations, rights, permits, or licenses.

Technical Requirements and Decommissioning

The proposed regulatory framework introduces specific mandates for baseline monitoring and site closure, including:

  • Minimum Information Requirements (MIRs): These establish the ground rules for collecting baseline monitoring data across identified environmental themes and seek to consolidate the submission process for onshore exploration applications.
  • Onshore Well Decommissioning Guidelines: Prepared by the South African Agency for the Promotion of Petroleum Exploration & Exploitation (PetroSA), these guidelines focus on managing the closure of onshore wells at the end of their lifespan to minimise environmental contamination and safety risks.

The PetroSA-developed onshore well decommissioning guidelines were briefly withdrawn and replaced with a revised set attached to a notice calling for input by the same extended deadline.

Click here to download the notice extending the commentary deadline and the revised decommissioning guidelines notice.

What this means for you, your business, or your clients

  • For yourself: You must familiarise yourself with the revised baseline monitoring standards to provide accurate legal or technical counsel on environmental compliance in the petroleum sector.
  • For your business: Environmental consultancies and compliance firms should update their internal technical protocols to align with the proposed Minimum Information Requirements (MIRs) for future exploration applications.
  • For your clients: Clients in the energy and extractive industries must review the decommissioning guidelines and submit any technical objections or recommendations before the 13 January 2026 deadline to mitigate future closure liability risks.

Originally published at https://legalacademy.co.za/news/read/petroleum-resources-input-sought-on-revised-draft-regulations-and-related-requirements

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