Draft Water Use Regulations for Fracking and Coal Gasification

Posted 27 February 2026 Written by Acts Online
Category Minerals & Energy

Brought to you by SA Legal Academy: The Department of Water & Sanitation has released draft regulations governing water use for onshore exploration and production, specifically targeting hydraulic fracturing and underground coal gasification.

In terms of the National Water Act, No. 36 of 1998, the Department of Water & Sanitation has gazetted draft regulations intended to regulate controlled activities to minimize detrimental and cumulative impacts on South Africa’s water resources. The draft regulations focus on the technical and environmental requirements for:

  • Onshore exploration and production involving hydraulic fracturing; and
  • Underground coal gasification processes.

The draft regulations are designed to align with the Mineral & Petroleum Resources Development Act, No. 28 of 2002 (MPRDA) in the interim. Upon the commencement of the Upstream Petroleum Resources Development Act, No. 23 of 2024, the regulatory framework will transition to the new legislative regime. Stakeholders are further advised that these proposals should be read alongside the regulatory frameworks gazetted by the Department of Forestry, Fisheries & the Environment in November 2025.

Interested parties and affected stakeholders have until 28 April 2026 to submit written representations and comments on the proposed regulations to the Department of Water & Sanitation.

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

  • For yourself: You must maintain technical knowledge of the evolving water-use specifications to provide accurate compliance advice during the transition from the MPRDA to the Upstream Petroleum Resources Development Act.
  • For your business: Environmental consultancy and legal firms should update their compliance monitoring templates and risk assessment frameworks to reflect the proposed monitoring and reporting standards for unconventional gas projects.
  • For your clients: Clients engaged in or planning onshore gas exploration must evaluate the impact of these regulations on their water use license applications and ensure any public comments are submitted before the 28 April 2026 deadline.

Originally published at https://legalacademy.co.za/news/read/fracking-coal-gasification-input-sought-on-water-use-regulations

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