SA Publishes Draft Rules to Curb Marine Risks from Offshore Fuel Transfers

The South African government has taken a crucial step toward protecting its marine biodiversity with the release of the second draft of regulations for the Environmental Management of Offshore Ship-to-Ship (STS) Transfers, including bunkering. These new regulations aim to implement a risk-based system to mitigate environmental harm caused by fuel transfers at sea, especially in ecologically sensitive coastal areas like Algoa Bay.

The announcement was made by Dr Dion George, Minister of Forestry, Fisheries and the Environment, who signed the Government Notice to publish the draft for public comment. The move represents a proactive regulatory approach to balance economic activity and ecological preservation within South Africa’s Exclusive Economic Zone.

Addressing the Risks of Bunkering Operations

Since the start of offshore bunkering in Algoa Bay in 2016, there have been four reported oil spills, directly impacting over 260 endangered African Penguins and other vulnerable marine species. Algoa Bay is globally recognized as a biodiversity hotspot and houses the world’s largest breeding colonies of African Penguins, a species that is now classified as endangered.

The new draft regulations are designed to prevent similar incidents and ensure a robust environmental governance framework. They call for:

• Comprehensive Environmental Management Plans (EMPs)

• Wildlife monitoring protocols

• Rapid and coordinated spill response mechanisms

• Ongoing impact assessment and mitigation strategies

According to the Department of Forestry, Fisheries and the Environment (DFFE), the regulations are aimed at preventing, minimizing, and where necessary, remedying environmental damage resulting from offshore fuel transfers. The department emphasizes the urgency of such measures to safeguard marine biodiversity and maintain the integrity of protected coastal areas.

Legislative and Consultative Background

The regulations are being issued under Section 83(1) of the National Environmental Management: Integrated Coastal Management Act (Act No. 24 of 2008). This second draft builds upon the initial draft released on 21 February 2025 and incorporates input from a broad range of stakeholders.

Consulted entities include:

• South African Maritime Safety Authority (SAMSA)

• Transnet National Ports Authority

• Department of Transport

• South African National Parks (SANParks)

• Environmental MECs from all four coastal provinces

The process reflects the government’s commitment to collaborative environmental stewardship, ensuring that regulatory measures are informed by both scientific research and stakeholder engagement.

Public Participation Invited

The Department is now calling on civil society, environmental groups, industry stakeholders, and the general public to actively engage in the regulatory process by submitting comments within 30 days of the notice’s publication in the Government Gazette or a national newspaper, whichever comes later.

The full draft regulations and supporting documents are available online at: 👉 www.dffe.gov.za/legislation/gazetted_notices

Submission Methods:

• By Hand: Deputy Director-General: Oceans and Coasts Attention: Lona Nondaka 2nd Floor, East Pier Building 2 East Pier Road, V&A Waterfront, Cape Town

• By Post: PO Box 52126, V&A Waterfront, Cape Town, 8002

• By Email: 📧 bunkeringregs@dffe.gov.za

For enquiries, contact: 📞 Lona Nondaka at 021 493 7061 📧 LNondaka@dffe.gov.za

Preserving the African Penguin and Marine Heritage

The department emphasized that these regulations are a part of its broader commitment to responsible ocean governance, aligned with South Africa’s constitutional mandate to protect the environment for present and future generations.

“Together, we can help secure a future for the African Penguin,” the department stated, reiterating its appeal for public involvement to ensure balanced, science-driven, and enforceable regulations.

By setting stricter standards for offshore STS operations, South Africa aims not only to protect marine ecosystems, but also to support a resilient and sustainable ocean economy, where biodiversity and industry coexist responsibly.