Minister George signs Draft Regulations to manage offshore Ship-to-Ship Transfers, strengthening protection of the African Penguin

27 June 2025

The Minister of Forestry, Fisheries and the Environment, Dr Dion George, has signed a Government Notice to publish the second draft of regulations for the Environmental Management of Offshore Ship-to-Ship Transfers for public comment. This follows the Department’s recent success in the African Penguin settlement litigation and reaffirms the Minister’s commitment to protecting South Africa’s marine biodiversity—especially the endangered African Penguin.

The regulations, issued under section 83(1) of the National Environmental Management: Integrated Coastal Management Act (Act No. 24 of 2008), follow the first draft published on 21 February 2025. They are the product of wide consultation with key partners including the South African Maritime Safety Authority (SAMSA), Transnet National Ports Authority, the Department of Transport, SANParks and environmental MECs from the four coastal provinces.

The regulations introduce a risk-based system to prevent and reduce the harm that offshore ship-to-ship transfers, including bunkering, can cause to marine and coastal ecosystems. Where impacts cannot be avoided, the regulations aim to minimise and remedy them. This is particularly important for areas such as Algoa Bay, home to the world’s largest breeding colonies of African Penguins.

Key updates in this draft include:

• Renaming the regulations from “bunkering” to “ship-to-ship transfer” for clarity.

• Clearer definitions and application to all people and government bodies. 

• A reduced exclusion zone: three nautical miles from the high-water mark, instead of five. 

• Removed references to Critical Biodiversity Areas due to a lack of legal clarity. 

• Algoa Bay operations will be limited to three operators and six tankers, with no transfers allowed in Anchorage Area 2 during penguin breeding season (1 April to 31 August). 

• Night operations will be allowed under strict conditions with approved spill detection and recovery plans.

• Hydrophones will replace sonobuoys to reduce underwater noise. 

• Oil spill response vessels must now be on standby within 30 minutes, instead of being present on-site.

• Environmental management plans must be developed by independent specialists and approved by the Minister within 90 days.

These changes strike a balance between safeguarding the environment and maintaining the economic value of the maritime industry. Since bunkering began in Algoa Bay in 2016, four oil spills have affected 260 endangered African Penguins and other marine life. The new rules include strict requirements for environmental management plans, wildlife monitoring and spill response to prevent further harm.

Building on the progress of the penguin litigation, these draft regulations are another strong step towards protecting marine life. The Department is committed to ensuring that iconic species such as the African Penguin can thrive while supporting sustainable use of ocean resources.

Public participation: The Department invites written comments within 30 days 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 enquiries, contact Lona Nondaka at 021 493 7061 or LNondaka@dffe.gov.za. The draft regulations and supporting documents are available at www.dffe.gov.za/legislation/gazetted_notices or by email on request.

The Department urges all stakeholders to take part in this important process to help finalise regulations that both protect our environment and support a resilient ocean economy. Together, we can help secure a future for the African Penguin.

For media enquiries, please contact:

Thobile Zulu-Molobi
Mobile: +27 82 513 7154 
E-mail: tmolobi@dffe.gov.za  

Chelsey Wilken
Mobile: +27 74 470 5996 
E-mail: cwilken@dffe.gov.za