For seasoned operators, many of the regulations will feel familiar, such as American Petroleum Institute standards for well casings, centralisers and cement. Many of the regulations, however, are notably peculiar to South Africa, including detailed requirements relating to the mitigation of any effects the E&P activity might have on key assets, such as the South African Large Telescope facility. Furthermore, the South African government intends to be fully apprised of the E&P operations throughout the development of a prospect, with numerous provisions throughout the regulations requiring notice be given to varying authorities such that the authorities can be present for certain actions, such as pressure-testing blowout preventers, testing formation pressure sensitivity or engaging in the hydraulic fracturing of a reservoir. Protection of water resources, surface use and wildlife are also key themes throughout the regulations since hydraulic fracturing fluid disclosure requirements and spill notification thresholds are far more stringent than regulations found in many other parts of the world including the United State. For instance, spilling 50 liters or more of hydraulic fracturing fluid or flowback requires the notification of the proper authority within 24 hours of the spill.
Comments to the regulations will likely focus on refining and streamlining many of the proposed requirements, as well as clarifying the mechanisms by which many of the regulations will be enforced, but this is just the start. The regulations provide the kind of framework that will allow potential operators to feel comfortable with the boundaries for E&P activity involving hydraulic fracturing in South Africa, but an exacting review of the final enacted regulations will be necessary for that comfort to develop into action.
