By Lehlohonolo Lehana.
Forestry, Fisheries and the Enviroment minister Dr Dion George, has signed the regulations to manage offshore ship-to-ship transfers, including bunkering, to mitigate environmental impacts on the coastal environment.
The regulations are published under the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008).
The regulations introduce stricter controls, particularly in ecologically sensitive areas like Algoa Bay, to protect critically endangered species such as the African Penguin.
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.”
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.
The first draft of the regulations was published for public comment on February 21.
The second draft of the regulations followed wide consultation with key partners such as the South African Maritime Safety Authority, Transnet National Ports Authority, the Department of Trasnport, South African National Parks and enviromental MECs from the four coastal provinces in the country.
The new measures include:
- Prohibited zones: STS operations are banned within marine protected areas, aquaculture development zones, within 5 nautical miles of each of these zones and within three nautical miles of the high-water mark.
- Wildlife protection: Operators must monitor for penguins and marine mammals, deploy hydrophone systems, and report sightings and incidents. Immediate response plans must be in place for any oiled or injured wildlife.
- Weather limits: In Algoa Bay, operations may only take place in safe conditions, with wind speeds below 22 knots and wave heights below two metres. The Minister may set conditions elsewhere.
- Pollution prevention: Operators must use drip trays, leak detection systems, inflatable booms, and have a spill-response vessel on standby within five nautical miles of shore.
- Training and compliance: All crew must receive environmental awareness training. Each operator must also submit an independent Environmental Management Plan, approved by the Minister, addressing site-specific risks.
- Algoa Bay restrictions: Operations are confined to designated anchorages, with a limit on the number of operators and tankers, and seasonal restrictions in anchorage area 2 to protect sensitive habitats.
Non-compliance will be met with firm penalties: fines of up to R2 million, imprisonment for up to five years, or both.
George said, “These regulations are a decisive step to safeguard our oceans and secure the future of our African Penguin. They set strict standards for offshore ship-to-ship transfers, ensuring that maritime activity can only proceed in a safe and responsible way.”
The signed regulations can be accessed here.