Cape Town - People will not have an opportunity to comment on environmental impact assessments (EIAs) that must be done before exploring for and producing petroleum products, such as shale gas obtained through the controversial fracking method.
And data about water quality and quantity affected by such operations can be kept secret.
This is according to a 35-page set of draft technical regulations, published by the government this week, aimed at ensuring the safe exploration and exploitation of such products
.
Referring to EIAs, the draft states that wherever exploration or production activities are planned that could affect “natural resources or sensitive areas” – neither phrase is defined in the regulations – impact studies must be done for the full life cycle of the proposed operations. There must also be an independent review of the EIA methodology.
But while the final EIA report and the independent review report must be submitted to the designated agency and/or department, there is no provision for public participation. In standard EIA methodology, “interested and affected parties” must be identified and notified before an impact assessment starts, and they must be given an opportunity to comment on a draft EIA report.
According to the draft regulations, EIA reports must include information about fracking fluids and their hazardous status, and each well must have a risk management plan. In the event of a mechanical problem or any risk to the environment authorities must be notified within one hour.
Holders of exploration or production rights must obtain a water licence before starting fracking, and designated and existing water uses must be protected and maintained.
Also before any fracking, an independent specialist must conduct a baseline quality assessment of all water sources within one kilometre of the vertical shaft of a planned borehole.
All water samples must be analysed by an accredited agency and submitted to the authorities within seven days. This data can be published, “with the exception of where it may be shown to directly relate to the prospectivity of the holder’s acreage”.
All drilling activities must comply with the 2007 Astronomy Geographic Advantage Act.
Jonathan Deal of the Sustainable Alternatives to Fracking and Exploration Alliance said they were “very disappointed” that the government had issued the regulations “without anything approaching an appropriate public debate and without a strategic assessment that we’ve been asking for the past three years”.
Dineo Pooe, spokeswoman for Shell SA which has major exploration rights in the Karoo, said they welcomed progress on the regulations. - Cape Argus