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The hole shebang

In our capacity as Mining and Environmental Law experts, we’ve helped clients mine anything from coal to gold. Our knowledge of the landscape has been developed over many years of practical experience – as have our extensive relationships. We engage with large corporate players, government officials, unions and regulators on a constant basis and maintain our strong relationships . We retain the permanent services of an Environmental Assessment Practitioner, who ensures all operations comply with the entire suite of environmental legislation (approximately 14 Acts and regulations).

We have extensive environmental management and consultancy experience in the industrial, construction, agriculture and mining sectors. We add value to our clients who are seeking a deeper sustainable environmental impact. Our very own Environmental Assessment Practitioner (EAP) works closely with the mining and environmental legal team to ensure compliance and advise clients on the practical side of environmental regulation.

 

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Mining services offered:

  • Providing regulatory advice legal opinions in respect of all applicable legislation relating to mining and prospecting operations

  • Drafting and lodging applications for mining rights, mining permits and prospecting rights, in accordance with the provisions of the Mineral and Petroleum Resources Development Act, 2002 (“MPRDA”) and any ancillary applications relating thereto

  • Drafting and lodging various applications to the DMRE in terms of applicable section of the MPRDA including, inter alia, -

    • section 11 of the MPRDA for the transfer of a right or controlling shareholding in the holder of a right

    • section 102 of the MPRDA for the amendment of a right

    • section 43(2) of the MPRDA to transfer the environmental liability associated with a mining or prospecting right

    • section 52 of the MPRDA regarding the curtailment of mining operations impacting employment and assisting in engagements with relevant stakeholders arising from the section 52 MPRDA process

    • section 53 of the MPRDA to use the surface of land contrary to the objects thereof

  • Attending to all notarial executions and registrations of rights (including new rights, cessions and transfers of rights and amendments of rights)

  • Drafting, preparing and submitting responses to directives issued in terms of the MPRDA

  • Providing advice in respect of suspension, cancellation or compliance notices issued in terms of section 47 or 93 of the MPRDA

  • Drafting, preparing, submitting and managing appeals lodged in accordance with the provisions of section 96 of the MPRDA

  • Drafting, preparing and submitting housing and living conditions plans in terms of the Housing and Living Conditions Standard for the Minerals Industry 2019

  • Assisting clients with access to land, including the procedures for obtaining access to land as contemplated in terms of section 5A and section 54 of the MPRDA

  • Drafting statutory letters of appointment in respect of the Mine Health and Safety Act

  • Conducting legal audits on compliance with rights issued in terms of the MPRDA, including compliance with Mining Charter, 2018

  • Conducting full legal due diligences for merger and acquisition transactions

  • Obtaining urgent interdicts against persons who disrupt and or interfere with mining and / or prospecting activities

  • Obtaining urgent interdicts against illegal miners

Environmental services offered:

Environmental Authorisation and Reports:

  • Environmental Screening Reports

  • Gap-Analysis Reports

  • Due-diligence

  • Environmental Impact Assessments and Environmental Management Programmes

  • Basic Assessments

  • Waste Management Licence Applications

  • Water Use Licence Applications

  • Atmospheric Emission Licence Applications

  • Water and Waste Management Plans

  • Mining and Prospecting Right Applications

  • S24G applications

  • Waste tyre abatement and storage plans

  • Environmental Legal reviews

  • Peer reviews

  • Applications for exclusion of a waste stream or a portion of the waste stream from the definition of waste

Environmental Specialist Offerings:

  • Heritage and Archaeological studies

  • Paleontological studies

  • Geotechnical studies

  • Biodiversity studies

  • Geohydrological studies

  • Hydrological studies

  • Air Quality Studies

  • Soil, land use and land capability studies

  • Hydropedology studies

  • Waste Classification and Characterisation

  • Mining and Prospecting Works Programmes

  • Social and Labour Plans

  • Climate Change Studies

  • Rehabilitation, Decommissioning and Closure Plans

  • Financial Provisioning and Closure Liability

  • Health Impact Assessments

  • Traffic Impact Assessment

  • Wetland studies

  • Socio-Economic studies

  • Noise studies

  • Blasting and Vibration studies

  • Contaminated land assessments

  • Visual studies

  • Offset agreements

Environmental Audits:

  • Environmental Control Officer Audits

  • Environmental Authorisation Compliance Audits

  • Legal Compliance Audits

  • Water Use Licence Compliance Audits

  • Regulation GN 704 Audits

Environmental Legal:

  • Opinions

  • Appeals