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'New laws don't protect penguins'

Mail & Guardian

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M&G 29 August 2025

They are meant to stop pollution and protect coastal ecosystems but bird groups disagree

- Sheree Bega

New regulations now manage offshore ship-to-ship transfers of liquid cargo, such as chemicals, oil, petroleum products and liquid natural gas, as well as refuelling ships, which the environment department says will help protect the critically endangered African penguin and other marine species.

But BirdLife South Africa and the Southern African Foundation for the Conservation of Coastal Birds (Sanccob) have expressed doubts over whether this "lifeline" will protect the species.

The department of forestry, fisheries and the environment said the regulations were designed to prevent pollution, protect coastal ecosystems and minimise and mitigate the effects of a spill.

On 22 August, the forestry, fisheries and the environment minister, Dion George, used a gathering of scientists, conservationists, fishing industry representatives and government officials to sign into law the regulations for the environmental management of offshore ship-to-ship transfer, published under the National Environmental Management: Integrated Coastal Management Act.

The event, a special evening of appreciation in honour of the champions protecting the African penguin, took place aboard the government-owned research and resupply vessel, the SA Agulhas II.

"These regulations are a decisive step to safeguard our oceans and secure the future of our African penguin," George said.

"They set strict standards for offshore ship-to-ship transfers, ensuring that maritime activity can only proceed in a safe and responsible way."

The regulations, which will come into force once published in the Government Gazette, provide South Africa with a clear, enforceable environmental framework to manage offshore ship-to-ship transfer operations, including bunkering - the refuelling of ships.

Bunkering alleviates the need for ships to dock to refuel, saving time and costs for the vessel. This activity is allowed only in Algoa Bay in the Eastern Cape.

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