Minister George Enacts New Regulations for Offshore Ship-to-Ship Transfer Management
Cape Town – The Minister of Forestry, Fisheries, and Environment, Dr. Dion George, has officially signed a Government Notice to publish the second draft of regulations concerning the Environmental Management of Offshore Ship-to-Ship Transfers for public input.
This announcement follows the Department’s recent success in the African Penguin settlement litigation, highlighting the Minister’s commitment to protecting South Africa’s marine biodiversity, especially the endangered African Penguin.
The regulations, which are established under section 83(1) of the National Environmental Management: Integrated Coastal Management Act (Act No. 24 of 2008), represent a continuation of the first draft issued on 21 February 2025.
These regulations are the result of thorough consultations with key stakeholders, including the South African Maritime Safety Authority (SAMSA), Transnet National Ports Authority, the Department of Transport, SANParks, and environmental MECs from all four coastal provinces.
The updated regulations introduce a risk-based framework designed to mitigate and minimize potential impacts from offshore ship-to-ship transfers, including bunkering, on marine and coastal ecosystems.
When it is not possible to avoid impacts, the regulations aim to effectively reduce and address them.
This is particularly significant for areas like Algoa Bay, home to the largest breeding colonies of African Penguins worldwide.
Key updates in this draft include:
• Changing “bunkering” to “ship-to-ship transfer” for enhanced clarity.
• Providing clearer definitions applicable to all individuals and government entities.
• Reducing the exclusion zone to three nautical miles from the high-water mark, instead of five.
• Removing references to Critical Biodiversity Areas due to unclear legal definitions.
• Limiting operations in Algoa Bay to three operators and six tankers, and prohibiting transfers in Anchorage Area 2 during the penguin breeding season (1 April to 31 August).
• Permitting night operations under strict conditions, backed by approved spill detection and recovery plans.
• Substituting sonobuoys with hydrophones to reduce underwater noise.
• Requiring oil spill response vessels to be on standby within 30 minutes rather than having to be on-site.
• Mandating that environmental management plans are prepared by independent specialists and approved by the Minister within 90 days.
These amendments aim to strike a balance between environmental protection and the economic sustainability of the maritime sector.
Since the start of bunkering activities in Algoa Bay in 2016, four oil spills have negatively affected 260 endangered African Penguins and other marine species.
The new regulations include stringent requirements for environmental management plans, wildlife monitoring, and spill response to prevent any further damage.
Following recent advancements in penguin litigation, these draft regulations represent another crucial step toward conserving marine life.
The Department is committed to ensuring the survival of iconic species like the African Penguin while promoting sustainable ocean resource use.
Public Participation:
The Department invites written comments within 30 days from the date of publication in the Government Gazette or a national newspaper, whichever is later.
Submit by hand:
Deputy Director-General: Oceans and Coasts Department of Forestry, Fisheries, and the Environment
Attention: Lona Nondaka 2nd Floor, East Pier Building 2 East Pier Road, V&A Waterfront, Cape Town
By post:
Deputy Director-General: Oceans and Coasts Attention: Lona Nondaka PO Box 52126, V&A Waterfront, Cape Town, 8002
By email:
bunkeringregs@dffe.gov.za For inquiries, please contact Lona Nondaka at 021 493 7061 or LNondaka@dffe.gov.za.
The draft regulations and supporting documents are available at http://www.dffe.gov.za/legislation/gazetted_notices or can be requested via email.
The Department encourages all stakeholders to participate in this vital process to finalize the regulations that will protect our environment while supporting a strong ocean economy.
Together, we can ensure a sustainable future for the African Penguin.