New regulations gazetted to shield fragile marine ecosystems from oil spill risks in SA

Daily Maverick

10-07-2025

The government has released stricter draft regulations on offshore ship-to-ship transfers in an attempt to protect South Africa's fragile marine ecosystems.
Forestry, Fisheries and the Environment Minister Dion George has now gazetted new draft regulations to manage offshore ship-to-ship transfers, including bunkering, to mitigate environmental impacts on the coastal environment.
This is the second iteration of the draft regulations for the environmental management of offshore ship-to-ship transfer and was gazetted on Friday, 4 July 2025, for a 30-day public comment period (until 3 August 2025). This follows a previous iteration and public consultation.
The regulations introduce stricter controls, particularly in ecologically sensitive areas like Algoa Bay, to protect critically endangered species such as the African Penguin.
Daily Maverick previously reported on concerns raised about the initial draft, particularly from environmental groups like the Biodiversity Law Centre (BLC).
Ship-to-ship bunkering, included in ship-to-ship transfers, is a process of refuelling ships at sea, avoiding port levies and securing a faster turnaround time, but more significantly, and as said by the Southern African Foundation for the Conservation of Coastal Birds (Sanccob): 'It is a process that is effectively eradicating a variety of endangered species inhabiting Algoa Bay.'
Announcing the gazette of the new draft regulations, the Department of Forestry, Fisheries and the Environment said that this was part of the minister's 'steadfast commitment' to safeguarding South Africa's marine biodiversity, and especially the critically endangered African penguin.
For years, the practice of offshore bunkering in South African waters has been a flashpoint of environmental concern. The refuelling of ships at sea has been intrinsically linked to a disturbing rise in oil spills, increased vessel noise, and a catastrophic decline in African penguin populations, especially in Algoa Bay.
One of the core debates has been around the fact that ship-to-ship bunkering was not specifically listed under the Environmental Impact Assessment regulations of the National Environmental Management Act of 1998.
This omission meant that approvals could be granted without a thorough assessment of direct, indirect, or cumulative impacts, effectively sidelining crucial stakeholder input.
The Biodiversity Law Centre had consistently advocated for the urgent inclusion of bunkering within the environmental regulatory framework, noting that four significant oil spills since 2016 had severely affected seabirds, and that the once-largest African penguin breeding colony on St Croix Island in Algoa Bay had plummeted by approximately 85% since 2016 — with the sharp decline directly linked to ship-to-ship bunkering activities in the area.
From the four oil spills since 2016, 260 endangered African penguins and other marine species were affected, according to George.
Sanccob has also argued that ship-to-ship bunkering comes with 'a vortex of destructive consequences' for marine life in Algoa Bay. This is the only area where the practice is permitted by the Transnet National Ports Authority.
'Ship-to-ship bunkering is synonymous with underwater noise pollution, oil pollution, and increased vessel traffic in an area once home to the largest breeding colony of African penguins on St Croix Island,' said Sanccob.
In a statement announcing the second iteration of draft regulations, George said: 'The African penguin is an iconic species, and its survival is non-negotiable. These draft regulations represent a critical step in balancing environmental protection with sustainable maritime activities, ensuring our marine ecosystems thrive for future generations.'
Recent oil spill in the Eastern Cape
Just last week, several African penguin fledglings were recovered, covered in oil, from the Garden Route to Jeffrey's Bay in the Eastern Cape.
According to Sanccob, three penguins were rescued by the Seabird and Penguin Rehabilitation Centre, Tenikwa, and CapeNature, while a fourth was rescued in Jeffrey's Bay by a Sanccob first responder and taken to Sanccob Gqeberha.
Suspected oil globs were also observed near Cape St Francis, and the South African Maritime Safety Authority and the Department of Forestry, Fisheries and the Environment were notified.
Sanccob said that the source of the pollution was still unknown, with no official oil spill reported. But they said that this incident underscored the significant deficiency in South Africa's maritime pollution monitoring, leading to reactive rather than proactive response efforts and potentially allowing polluters to go undetected.
'African penguins are often the first indicators of a marine pollution event. Their inability to fly and diving behaviour make them especially vulnerable to oil contamination. As a Critically Endangered species, any pollution event — no matter how small — continues to pose a serious threat,' said Sanccob in response to this incident.
Key provisions and amendments in the new draft regulations
George said that the primary objective of this new legislation was to ensure that the actual and potential environmental impacts of offshore ship-to-ship transfers were effectively mitigated and avoided, or, where avoidance was not possible, minimised and remedied.
To do this, the updated draft regulations introduce several critical provisions and amendments from their first iteration, reflecting consultations with stakeholders including the South African Maritime Safety Authority, Transnet National Ports Authority, the Department of Transport, and South African National Parks (SANParks).
Below are some of the key provisions and amendments:
A notable change is the renaming of the regulations from 'bunkering' to 'ship-to-ship transfer', which clarifies the broad scope of activities covered, including the transfer of various liquid bulk cargoes such as chemicals, oil, petroleum products, and liquified natural gas, in addition to fuel.
The regulations also explicitly state that they bind all persons and organs of state, ensuring universal compliance.
To protect ecologically sensitive areas, the regulations introduce strict prohibitions. No ship-to-ship transfer is permitted within marine protected areas, five nautical miles of a marine protected area's boundary, five nautical miles of an aquaculture development zone, or within three nautical miles of the high-water mark.
According to the gazette, critical biodiversity areas were removed from the prohibitions due to a lack of legislative clarity and objective determination — the focus is on clearly defined exclusion zones.
When it comes to Algoa Bay, the regulations permit continued operations but with more stringent controls.
A cap of three operators and six ship-to-ship transfer tankers is imposed, along with restrictions during the African penguin breeding season (April 1 to August 31) in Anchorage Area 2, which is closest to the breeding colonies.
New draft regulations have been gazetted to manage offshore ship-to-ship transfers, including bunkering, to mitigate environmental impacts on the coastal environment. This means that now, authorised ship-to-ship transfer operators in Algoa Bay may only operate within anchorage areas 1 and 2 as detailed in this map. (Source: Forestry, Fisheries & The Enviroment)
The outright ban on nighttime bunkering has also been adjusted in the regulations. Nighttime operations are now allowed under stringent conditions, requiring approval from the South African Maritime Safety Authority for the operator's ability to detect, manage, and respond to spills at night, including a nighttime emergency spill response drill, and an approved nighttime spill detection and recovery plan as part of the Ship-to-Ship Environmental Management Plan.
The regulations also mandate a constant watch for marine mammals and penguins 30 minutes prior to and during ship-to-ship transfer. They require the installation of active hydrophone systems with live streaming capabilities to detect marine mammals within 500m of the operation.
Operations must cease if a marine mammal or penguin is sighted or detected within 500m of the site. Operators are also required to immediately report injured, deceased, entangled, oiled, or disorientated marine wildlife and are responsible for collecting and transporting oiled wildlife to authorised facilities.
To prevent spills, operators must use drip trays, implement leak detection and repair programmes, use low-toxicity biodegradable detergents for cleaning, and deploy inflatable curtain booms.
An oil spill response vessel must be on standby within 30 minutes of an incident, rather than requiring it to be on-site at all times, balancing safety with operational practicality.
Last, but not at all least, is that Ship-to-Ship Environmental Management Plans must be developed by independent specialists and approved by the minister within 90 days. These Environmental Management Plans must include:
Site-specific environmental and ecological risk identification and mitigation measures.
A wildlife preparedness and response strategy based on international guidelines.
A comprehensive contingency plan, including risk assessment of spills, operational protocols, and details of spill response vessels and personnel.
Underwater noise mitigation and management measures.
Emergency response procedures for collisions or entanglements involving marine life.
A monitoring programme for surface currents, oil spills, noise, and impacts on marine life.
All crew members involved in ship-to-ship transfer must also undergo environmental awareness training, covering marine wildlife awareness and avoidance, understanding environmental impacts and mitigation measures, and emergency preparedness.
While the new regulations demonstrate progress, certain concerns raised by environmental groups like the Biodiversity Law Centre persist. The centre continues to advocate for offshore bunkering to be listed as an activity requiring a full Environmental Impact Assessment under the National Environmental Management Act, which would necessitate public participation before authorisation.
These new draft regulations, though seemingly technical, carry implications for everyone, directly affecting the environment, the economy, and the quality of life along the nation's vast coastline.
Comments on the new draft regulations can be mailed to [email protected] with more information on the department's website. DM