Pretoria, August 2025 – In a bold environmental move, South Africa’s Minister of Forestry, Fisheries and the Environment, Dr Dion George, has enacted new regulations tightening control over offshore ship-to-ship (STS) fuel transfers. These reforms aim to shield critical marine ecosystems, with special emphasis on conserving the endangered African Penguin.
Key Features of the New Regulations
- Restricted Zones: STS operations are now prohibited within marine protected zones, aquaculture areas, and within three nautical miles of the coastline.
- Algoa Bay Safeguards: This ecologically sensitive area—home to the world’s largest African Penguin breeding colonies—will see significant operational constraints:
- Operations are limited to just three designated operators and six tankers.
- No STS activity will be permitted in Anchorage Area 2 during the penguin breeding season (April 1 to August 31).
- Stricter Environmental Requirements:
- Hydrophones must replace sonobuoys to reduce underwater noise.
- Night operations are allowed only under stringent conditions, with approved spill detection and response plans in place.
- Environmental management plans must be prepared by independent experts and approved by the Minister within 90 days.
- Crew Training & Wildlife Monitoring: Operators must conduct environmental awareness training and actively monitor marine wildlife. Any sighting or incident involving wildlife must be reported immediately, and response protocols for emergencies like oiling or injury must be established.
- Operational Conditions: In Algoa Bay, transfer operations may only proceed when wind speeds are below 22 knots and wave heights under two meters.
Enforcement and Penalties
Non-compliance carries serious consequences—fines of up to R2 million, imprisonment for up to five years, or both.
Background & Environmental Imperatives
These updated regulations stem from the Department of Forestry, Fisheries and the Environment’s successful litigation surrounding African Penguin protection. The government is introducing a risk-based framework to prevent and, where necessary, remedy environmental harm from offshore ship-to-ship operations.
Since offshore bunkering began in Algoa Bay in 2016, four oil spills have endangered around 260 African Penguins, leading to renewed calls for tighter regulation.
Public Participation Open
The revised draft regulations are now open for public comment, allowing stakeholders to contribute to shaping policies that balance maritime industry viability with environmental stewardship.
Summary Table
| Area | Main Measures |
|---|---|
| Zones | No STS within 3 nm of coast, protected areas, aquaculture zones |
| Algoa Bay | Limit to 3 operators/6 tankers, seasonal bans, stricter environmental controls |
| Safety Terms | Weather limits, hydrophones, spill plans, environmental training |
| Penalties | Up to R2 million fine, up to 5 years imprisonment |
| Policy Basis | Risk-based regulation under national environmental law, prompted by penguin threats |
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