During 2011, the Department of Water and Sanitation as a member of the Inter-Departmental Monitoring Team on Hydraulic Fracturing Monitoring Committee to review the existing regulatory framework of the country for the regulation of these activities (i.e. shale gas extraction).

The aforementioned regulatory review indicated that the current framework of DWS, considering the National Water Act, Act 36 of 1998 (NWA) and its existing regulations does not adequately address the potential impacts anticipated from these activities. As a result, unconventional gas activities were declared as a Section 21(e) controlled activity under Section 38(1) (d) in Government Notice 999 (Gazette no: 39299), of 16 October 2015. The proposed regulations focus purely on water use issues and not the regulation of the activity, as that is not the mandate of DWS as per the NWA (1998).

Unconventional gas extraction has various socio-economic impacts. As global energy demand increases various technologies are being employed to meet the growing need. However, these technologies employed have positive and negative impacts on the environmental at large. The Departments sole mandate is to protect, manage, control and develop water resources. As a result, the Department drafted regulations to regulate these activities which will be impacting on the water resources, with the aim of ensuring that water resources are protected for the benefit of the future.