Doing business in Africa, as in most international jurisdictions, requires specialised counsel to effectively manage corporate environmental risks and decision-making.
We are one of Africa’s leading environmental law firms, offering real depth and a broad range of expertise in environmental law.
Our service covers legal risk mitigation and management, permitting, projects and developments, appeals against administrative decisions and judicial reviews, criminal and administrative disputes, impacts and compliance, due-diligence investigations and compliance auditing.
Our specialist environmental lawyers are equipped with a practical understanding of both the law and its application by the regulators and are able to handle environmental matters in all the jurisdictions in which we are located.
We are able to ensure that our clients’ environmental requirements and risks are seamlessly managed in alignment with their broader business requirements and priorities.
We have a strong commercial-environmental understanding in a transactional context, including with respect to the intersection among sectors such as mining, energy and infrastructure developments, environmental issues and community interests, pollution and contaminated land liabilities, as well as appropriate mechanisms for the allocation of related risks in transactions, authorisation requirements for developments and general environmental transactional risks.
We frequently represent clients with respect to environmental authority enforcement actions, compliance notices, directives, appeals and reviews, as well as in criminal prosecutions on environmental matters.
We serve the top end of the South African and broader African market, advising on government processes, commercial lending and mergers and acquisitions (including cross-jurisdictional work in transactional and other matters). Our clients include large listed corporations and the public sector.
Renewable Energy, Carbon Neutrality and Green Hydrogen
- Green hydrogen assisted major international company committed to producing zero-emission green hydrogen from 100% renewable sources on its exploration of green hydrogen projects in the Northern Cape, including advise on acquisition of various existing potential wind and solar (PV and CSP) green energy projects, advice environmental authorisations, biodiversity. the relevant authorisation processes and interactions with government. This matter also included us advising on the regulatory environment in South Africa construction and build of a Green Hydrogen Based Green Ammonia Production Plant.
- Black Mountain Mining on the establishment of a new smelter (through converting its current operations) at its Skorpion Zinc mine in Namibia and the development of a renewable energy project (in South Africa or Namibia) for the generation of 100-150MW in order to ensure electricity supply to the new smelter. In particular, we advised BMM on the environmental permits and authorisations which are likely to be required for the development of a renewable energy project under environmental and regulatory laws. Further, we provided guidance to BMM in respect of the permits or approvals which would be required to be obtained by a project company who undertakes the development of the renewable energy site and project, and those permits or approvals to be obtained by BMM.
- BioTherm Energies Renewables in its participation in Round 5 of the South African Department of Mineral Resources and Energy (DMRE) the Request for Proposal (RFP) for the Renewable Energy Independent Power Producer Procurement Programme (REIPPPP).
- Climate Investor Two (CI2) in relation to its investment in the Bio2Watt Group and, as a first step, the Bronkhorstspruit Biogas Plant (BBP) Expansion Project. Our advice included all environmental and regulatory aspects to the transaction including potential disputes. The BBP Project is the first and largest operational biogas facility in Africa, with BMW South Africa being the offtaker. CI2 has various similar projects which it is exploring.
- Anglo Corporate Services South Africa Proprietary Limited (Anglo) with various smart mining projects that Anglo is considering at or near its PGM operations in the North West and Limpopo provinces with a view to attaining carbon neutrality. These projects are at the cutting edge of sustainability initiatives in mining. Through these projects Anglo aims to reduce its environmental footprint from new ways of mining, including using a number of precision mining technologies and data analytics. We worked closely with the project team to assess the projects to identify regulatory licenses and permits and considering pending or threatened disputes including details of pending or threatened regulatory changes that may affect the projects.
- Advised on the purchase by Digital Reality Proprietary Limited of a stake in TDE Investments Proprietary Limited Africa’s largest carrier-neutral data centre and interconnection services provider, advice with regard to renewable energy private power plant to support the data centre, environmental permitting, environmental risk arising from the data centre operations.
- The South African DMRE on amendments to regulatory framework in respect of energy generally including at the feedstock and supply and in respect of gas, electricity and biofuels to facilitate the involvement of the private sector in the energy sector broadly in South Africa. Involved in drafting regulations in terms of the Electricity Regulation Act,2006 (Energy Act) and amendments to the Energy Act and amendments to the Energy Act, the MPRDA the Gas Act,2001, Electricity Regulation Act, the National Energy Regulation Act,2004 and the New Generation Capacity regulations.
- African Rainbow Energy and Power Proprietary Limited and Business Venture Investments No 1984 (RF) Proprietary Limited on their equity investment in the development, construction and operation of 6 solar PVs to be developed by Old Mutual Life Assurance Company (South Africa) Limited (acting through its infrastructural, developmental and environmental assets managed fund) under Round 4 of the Department of Energy’s REIPP programme. We advised on all aspects of the transaction relating to their investment in each of the projects. This included advice on certain relevant terms of environmental authorisations and permits issued to the projects.
- FirstRand Bank Limited (acting through its Rand Merchant Bank Division) and The Development Bank of South Africa Limited on the environmental aspects the construction and operation of a 140MW Windfarm at Roggeveld in the Western Cape as part of the DoE – IPP office’s REIPPP Programme.
- Western Cape Provincial Government – Municipal Energy Resilience Project. We were appointed to develop a strategy and framework for municipalities to procure renewable power directly from IPPs. The project concerns climate response in the Western Cape and South Africa’s response to carbon border tax in the EU. This important public law and sustainability mandate sees the firm at the cutting edge of constitutional matters in the energy and sustainability space in South Africa. We have been able to leverage our preeminent position in the IPP government sector into proposing new and innovative approaches to public procurement, energy regulation, climate change response and the constitutional division of powers.
- Legal consultants to a long term World Bank / Global Environmental Facility project to facilitate the implementation of the Maloti-Drakensburg Transfrontier Project (MDTP). This is a bilateral project between the Governments of South Africa and Lesotho to give heritage, biodiversity and related protection within a large area bordering the two countries and encompassing the Ukhahlamba World Heritage Site. This involved the review of all environmental, conservation and biodiversity legislation. municipal, provincial and national land use; spatial development, integrated development and planning legislation. The focus of the review and subsequent report was to develop an action and implementation plan for the expansion of the areas (under formal and informal protection and subject to building and development restriction), so as to create protected areas and buffer zones for the MDTP.
- Preparing and developing the City of Cape Town Metropolitan Municipality environmental legislative framework. The framework involves reviewing a wide range of environmental legislation, regulations and policies; as well as relevant occupational health and safety legislation and regulations that impact on the City’s functioning, statutory mandate and legislative duties. The document was set out in a tabular format, to ensure that the contents could be easily applied and understood.
Disputes, Litigation and Enforcement
- Royal Bafokeng Platinum Limited on a number of significant matters for this client in 2022 including:
- Advising RBPlat on environmental disputes with neighbouring operations and on environmental impact assessment processes to assist with sustainable mining activities;
- Advising RBPlat on the construction and build of a solar powerplant, which, it intends utilising to power its mining operations. This included consideration of a wide array of land, environmental, regulatory and consent requirements; and
- Land access and use agreements with the host community Royal Bafokeng Nation (RBN), including complex aspects related to obtaining community and State consent to ensure that the objectives of RBPlat were properly provided for and the interests of RBPlat were properly secured.
- Representing the South African Steel Institute, a representative body for the South African steel industry, the fertilizer producers representative body, as well as Arcelor-Mittal South Africa, SA’s largest steel manufacturer, bring a challenge in the Constitutional Court to the amendment of the definition of Waste in the Waste Act under the NEMA Amendment Act passed in 2022. Judgement was handed down in June 2023 in favour of our clients.
- In 2022, we advised various major industrial producers including Coca-Cola Beverages South Africa, Nampak and South African Breweries with regard to environmental compliance notice proceedings under the National Environmental Management Act, 1998 (NEMA), the National Environmental Management: Waste Act, 2008 (Waste Act), the National Water Act 1998 (National Water Act) and municipal by-laws, this included advising on EIA section 24G proceedings under NEMA, assisting with disputes with municipal authorities with regard to the operation of municipal effluent plant and assisting with emergency water pollution and land contamination events.
- Strategic Fuel Fund Association and its wholly-owned subsidiary, Mahne’s Areas (Pty) Ltd in an urgent High Court application involving a dispute over the ownership of an anthracite coal residue deposit (Coal Dump) which was being illegally mined. The continued illegal mining has significant impact on the environment and potential of reversing the completed rehabilitation. We advised SFF on its position regarding the possible resultant environmental liabilities and the ongoing environmental obligations in respect of the portion of the Coal Dump it owns. The favourable order obtained in this matter clearly demonstrated to client the Firm’s ability to navigate emerging contemporary legal issues in mining and environmental regulation in our market.
- De Beers Consolidated Mines Proprietary Limited (DBCM) acting for DBCM in a review application in the High Court to obtain a closure certificate, its Oaks Mine after it ceased operation and duly rehabilitated the mine as it was required some years ago, the matter raises important issues under the one environmental system applied under the The Mineral and Petroleum Resources Development Act, 2006 (MPRDA) and the environmental closure obligations of rights holders under the MPRDA including production and mining rights.
- Black Mountain Mining Proprietary Limited majority owned by Vedanta Zinc International operates its flagship Gamberg Zinc Mine Project, in Northern Cape. This is the world’s largest undeveloped zinc resource and currently produces 400 000 tonnes of ore per month. The project is being developed in the ecologically sensitive Succulent Karoo Biome, a designated biodiversity “hotspot” strategic environmental advice included representing the company in environmental authorisation processes in this critical biodiversity area, assisting with appeals to environmental and prospecting decision making authorities, defending it against competing applications in the area and assisting it to implement the Biodiversity Offset Agreement that it has entered into with the Northern Cape Department of Environment and Nature Conservation.
- Strategic Fuel Fund Association and its wholly-owned subsidiary, Mahne’s Areas (Pty) Ltd in an urgent High Court application involving a dispute over the ownership of an anthracite coal residue deposit (Coal Dump) which was being illegally mined. The continued illegal mining has significant impact on the environment and potential of reversing the completed rehabilitation. We advised SFF on its position regarding the possible resultant environmental liabilities and the ongoing environmental obligations in respect of the portion of the Coal Dump it owns. The favourable order obtained in this matter clearly demonstrated to client the Firm’s ability to navigate emerging contemporary legal issues in mining and environmental regulation in our market.
- Minerals Council of South Africa in a constitutional challenge brought by the South Africa Local Government Association to the manner in which electricity is reticulated, which matter has significant implications for sustainable mining operations and the transition to a carbon neutral economy.
- Orion Engineered Carbons Proprietary Limited (OEC) a multinational Carbon Black producer on remediation and environmental obligations arising from its use of the Transnet Ports Authority (TNPA) Dom Pedro Terminal, situated in Gqeberha or Port Elizabeth for the storage of Heavy Fuel Oil and also on OEC’s its relocation to a new site at the Coega TNPA facility. The matter raises complex issues related to joint and shared liability, remediation standards and required interaction with multiple parties and coordination with remediation specialist consultants. Relocation also required consideration of competing environmental impact assessment processes and advising on greenfields matters for a new Heavy Fuel Oil facility.
Environmental Project Advisory and Permitting Reviews
- Assisting permit holders in the South African oil and gas industry review their environmental authorisations and processes in the context of recent litigation.
- Nampak DivFood (Nampak) by providing advice and services relating to a range of environmental related enquiries including assisting one of their factories deal with business disruptions arising from neighbouring environmental concerns and failures in the delivery of municipal services by the municipality and assisted with interpreting legislation relating to air quality licencing and manufacturing processes and dealing in this context with disputing the interpretation put forward by the relevant regulatory authorities.
- Climate Investor Two (CI2) in relation to its investment in the Bio2Watt Group and, as a first step, the Brokhorstspruit Biogas Plant (BBP) Expansion Project. Our advice included all environmental and regulatory aspects to the proposed transaction and in particular determining whether the target or project company held all the required environmental and regulatory licences and approvals in order for the expansion project to proceed.
- Hans Merensky Holdings group of companies (including Westfalia) in respect of environmental and regulatory issues in forestry and agricultural sector. Our advice relates to identification and management of environmental legal risk and environmental/water law permitting considerations.
- Old Mutual Life Assurance Company South Africa on all aspects of the transaction relating to their investment in six renewable energy projects. Our project finance team advised our client in relation to the drafting and negotiation of the Financing Agreements and related documents (such as security documents) in relation to two of the projects. We also drafted and negotiated the CPI facility agreement that was used across all six projects. team provided advice on certain relevant terms of environmental authorisations and permits issued to the projects, and our construction team advised on the drafting and negotiation of the Construction Contracts and Operations and Maintenance Contracts relating to three of these projects.
- South African Breweries Proprietary Limited (SAB) in relation to the Extended Producer Responsibility Regulations, 2020, published in terms of the National Environmental Management: Waste Act, 2008 which have recently come into force. We advised on the constitutionality of the scheme and sought and obtained amendments to the regulatory regime prior to their implementation and continue to advise on the legal challenges arising from rolling out a new regulatory scheme in a wide ranging existing business.
- A Listed Company regarding the repair, relocation and reconstruction of a pipeline to supply the industrial gases to the industrial sector.
- Amazon on their entry into the South African market, including advising on environmental and regulatory issues arising from their business.
- Johannesburg Water, the water utility of the City of Johannesburg on land use planning, the creation and maintenance of buffer zones, and environmental consents and approvals necessary for the operation and maintenance of a number of their waste water and sewerage disposal facilities.
- The Standard Bank of South Africa on the development, financing, design, construction, operation and maintenance of the three gas pipelines located in the Germiston region, and the provision by each project company to Consol Glass of gas transportation services, in accordance with a gas transportation agreement entered into between each project company and Consol Glass. We advised the Lender on the diverse and complex environmental, occupational health and safety, permitting, and certain other regulatory and related aspects regarding these three linear projects.
- A Major International Oil Co which operates a chain relating to petroleum products, including refineries, depots and retail selling points. We are assisting our client in amending and reviewing all agreements, including to provide for the allocation of specific environmental and regulatory liabilities in the agreements in order to allow the client to diversify its operations and enter into sale agreements or retail agreements with independent third parties.
- Various Oil Companies on a number of government notices regarding the declaration of marine protected areas and notices regarding gas exploration (e.g., to declare exploration for or production of onshore unconventional oil or gas resources as a “controlled activity”).
- Oil Companies on rehabilitation of exploration and production areas on cessation of exploration and/or production operations.
- Various refineries and smelters regarding the applicable minimum emission standards and the compliance implications.
- Pikitup and the City of Johannesburg in litigation relating to the operation and management of the Robinson Deep Landfill site and its Linbro Park landfill site, and advising on the ongoing Northern Works Landfill site development application and environmental impact assessment process.
