Minister George gazettes draft regulations for Environmental Management of Offshore Ship-to-Ship Transfer, reinforcing commitment to African Penguin conservation

7 July 2025 

• South Africa has taken a significant step towards protecting its marine biodiversity with the gazetting of new draft regulations aimed at managing offshore ship-to-ship transfer activities.

• These measures, championed by the Minister of Forestry, Fisheries and the Environment, Dr Dion George, prioritise the conservation of the critically endangered African Penguin. 

• The regulations mark a pivotal moment in the nation’s commitment to balancing environmental stewardship with sustainable economic development.

Following the successful resolution of the penguin settlement litigation to protect the critically endangered African Penguin, the second iteration of the draft Regulations for the Environmental Management of Offshore Ship-to-Ship Transfer was gazetted on Friday for a 30-day public comment period. The gazetted notice is published on the website - https://www.dffe.gov.za/legislation/gazetted_notices. This action underscores the Minister of Forestry, Fisheries and the Environment, Dr Dion George’s steadfast commitment to safeguarding South Africa’s marine biodiversity, particularly the African Penguin, and demonstrates the Department’s resolve to continue fighting for the penguins.

Minister George emphasised the importance of these regulations, stating, “The African Penguin is an iconic species, and its survival is non-negotiable. These draft regulations represent a critical step in balancing environmental protection with sustainable maritime activities, ensuring our marine ecosystems thrive for future generations.”

The draft regulations, developed under section 83(1) of the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008), follow the first iteration published on 21 February 2025 and extensive consultations with stakeholders, including the South African Maritime Safety Authority (SAMSA), Transnet National Ports Authority (TNPA), the Department of Transport, South African National Parks (SANParks), and Members of the Executive Council (MECs) responsible for the environment in the four coastal provinces.

These regulations establish a risk-based framework to mitigate and avoid the environmental impacts of offshore ship-to-ship transfer, including bunkering, on South Africa’s coastal and marine environments. Where avoidance is not feasible, the regulations aim to minimise and remedy impacts, particularly in sensitive areas such as Algoa Bay, home to the world’s largest African Penguin colonies.

Key amendments in the second iteration of the draft regulations include:

• Renaming the regulations from “bunkering” to “ship-to-ship transfer” to clarify the scope of activities covered. 

• Clarifying definitions and ensuring the regulations bind all persons and organs of state. 

• Adjusting prohibitions, such as reducing the exclusion zone from five to three nautical miles from the high-water mark and removing references to critical biodiversity areas due to their lack of legislative clarity.

• Permitting operations in Algoa Bay with a cap of three operators and six ship-to-ship transfer tankers, alongside restrictions during the African Penguin breeding season (1 April to 31 August) in Anchorage Area 2 to protect breeding colonies.

• Allowing nighttime operations under stringent conditions, including approved spill detection and recovery plans.

• Replacing sonobuoys with hydrophones for wildlife monitoring to reduce noise impacts on marine life.

• Requiring an oil spill response vessel to be on standby within 30 minutes, rather than on-site, to balance safety and environmental concerns.

• Mandating that ship-to-ship environmental management plans be developed by independent specialists and approved by the Minister within 90 days.

The regulations reflect a balanced approach, addressing environmental concerns while supporting the maritime industry’s economic viability. Since bunkering commenced in Algoa Bay in 2016, four oil spills have impacted 260 endangered African Penguins and other marine species. The draft regulations introduce robust measures, including mandatory environmental management plans, wildlife monitoring, and spill prevention protocols, to protect South Africa’s marine ecosystems.

Minister George further highlighted the collaborative effort, noting, “Through extensive consultations with stakeholders, we have crafted regulations that protect our precious marine life while supporting economic growth. I urge all South Africans to engage in this public comment period to help shape a sustainable future.”

Building on the enlargement of restricted fishing areas to improve access to food, these regulations testify to Minister George’s dedication to preserving the African Penguin and other marine species. The Department remains steadfast in its mission to protect these iconic species for future generations while fostering sustainable economic development.

Members of the public are invited to submit written comments within 30 days from the publication of the Government Notice or the accompanying newspaper advertisement, whichever is later. Comments can be submitted to:

By Hand:
The 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, Foreshore, Cape Town

By Post:
Acting Deputy Director-General: Oceans and Coasts
Department of Forestry, Fisheries and the Environment
Attention: Lona Nondaka PO Box 52126, V&A Waterfront, Cape Town, 8002

By Email: bunkeringregs@dffe.gov.za
 

For enquiries, contact
Lona Nondaka
Mobile: 021 493 7061
E-mail: LNondaka@dffe.gov.za.

The draft regulations and related documents are available on the Department’s website at https://www.dffe.gov.za/legislation/gazetted_notices.

The Department encourages all stakeholders to participate in this critical consultation process to ensure the final regulations effectively balance environmental protection with sustainable economic development, reinforcing the ongoing fight to save 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