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Environmental Law

Our practice has extensive experience in all aspects of environmental legislation and we advise clients from a myriad of industries and across both the private and public sector. 

Environmental Law Services

Our practice has extensive experience in relation to permitting, compliance, enforcement, due diligence investigation, deal advice, administrative appeals and review proceedings in relation to:

  • Mining and mineral reprocessing.
  • Energy project developments, including nuclear, renewable, thermal, coal and LPG.
  • Climate change and carbon regulation.
  • Biodiversity and conservation, including bioprospecting, biodiversity offsets and protected areas.
  • Pollution and contamination.
  • Waste management, including recycling and treatment.
  • Pharmaceuticals, medicines and medical devices.
  • Health and safety.
  • Manufacturing, including cement and paper and pulp.
  • The petrochemical industry across the operational value chain.
  • Foodstuffs, cosmetics and disinfectants.

Environmental Law Brochures

Environmental Law
Environmental Law
Doing Business in South Africa
Doing Business in South Africa

Services

Environmental Law Services

Our practice has extensive experience in relation to permitting, compliance, enforcement, due diligence investigation, deal advice, administrative appeals and review proceedings in relation to:

  • Mining and mineral reprocessing.
  • Energy project developments, including nuclear, renewable, thermal, coal and LPG.
  • Climate change and carbon regulation.
  • Biodiversity and conservation, including bioprospecting, biodiversity offsets and protected areas.
  • Pollution and contamination.
  • Waste management, including recycling and treatment.
  • Pharmaceuticals, medicines and medical devices.
  • Health and safety.
  • Manufacturing, including cement and paper and pulp.
  • The petrochemical industry across the operational value chain.
  • Foodstuffs, cosmetics and disinfectants.

Brochures

Environmental Law Brochures

Environmental Law
Environmental Law
Doing Business in South Africa
Doing Business in South Africa

Environmental Law experts

Our Environmental Law team has extensive experience in relation to permitting, compliance, enforcement, due diligence investigation, deal advice, administrative appeals and review proceedings.

Our Environmental Law experts
PRACTICE HEAD
Allan Reid

Allan Reid

Executive Consultant - +27 (0)11 562 1222allan.reid@cdhlegal.com

Our Work

Featured

City of Cape Town: Establishment of a regional landfill site
Environmental Law

City of Cape Town: Establishment of a regional landfill site

Cliffe Dekker Hofmeyr advised the City of Cape Town on a challenge to the authorisation of the establishment of a regional landfill site.

All

Exxaro Resources (Exxaro)

Cliffe Dekker Hofmeyr is representing Cennergi Holdings (Cennergi), a wholly-owned subsidiary of Exxaro, the diversified mining and renewable energy company listed on the Johannesburg Stock Exchange and one of the largest black-empowered diversified mining companies in South Africa.  Our South Africa-based environment team is advising Cennergi in respect of its Lephalale photovoltaic (PV) project, which entails the development, financing, construction and operation of a circa 80MW PV plant that will supply the Grootegeluk mine with energy under a long-term power purchase agreement.  

Royal Bafokeng Nation (RBN)

Cliffe Dekker Hofmeyr represented RBN, the traditionally-governed community of 150,000 people living in 29 villages and owning 1,200 square kilometres of land in the North West Province of South Africa.  Our South Africa-based environment team was instructed by RBN to advise on the necessary documentation requested from MBW Engineers by RBN and undertake a legal review of the documentation regarding public participation and assess whether the Magalies Water Board obtained the requisite consent from landowners, specifically the traditional community in the area.

ArcelorMittal South Africa (AMSA)

Cliffe Dekker Hofmeyr is representing AMSA, the leading South African based steel manufacturing company which seeks to achieve the net-zero carbon ambition.  Our South Africa-based environment team is currently advising AMSA on a process to develop two 100MW renewable energy projects, planned for Gauteng and the Western Cape, which should be finalised during 2023/2024. The two 100MW renewable energy plants are intended to supply existing facilities within AMSA, using available ArcelorMittal South Africa land.

Richard Bay Gas Power 2 (Richards Bay)

Cliffe Dekker Hofmeyr is representing Richard Bay, the leading developer of proposed South Africa-based gas-fired power plants.  Our South Africa-based environment team is advising Richards Bay on the judicial review application brought by Groundwork Trust, a non-profit environmental justice organisation working primarily in South Africa, and South Durban Community Environmental Alliance against the Minister of Forestry, Fisheries and the Environment, the Chief Director: Integrated Environmental Authorisations Department of Forestry, Fisheries and the Environment and Richards Bay for granting an environmental authorisation a gas facility with a maximum export capacity of 400MW to be developed by Richards Bay.  

Old Mutual (OMLACSA)

Cliffe Dekker Hofmeyr is representing OMLACSA, the leading South Africa-based institutional investor in renewable energy companies.  Our South Africa-based environment team is advising OMLACSA in respect of its commitment to fund renewable energy projects acquired by Red Rocket South Africa (Red Rocket), comprising a loan to be advanced upon selection as preferred bidder for costs to be incurred before financial close and development funding to be advanced post preferred bidder selection.  

Calodex

Cliffe Dekker Hofmeyr is representing Calodex, the leading South Africa-based company involved in waste management and development of new, renewable energy project utilising latest technologies.  Our South Africa-based environment team advised Calodex on an application to obtain consent from the Minister responsible for mining and minerals to sterilise the minerals on certain properties as required under section 53 of the Mineral and Petroleum Resources Development Act (MPRDA) in order for Calodex to construct a solar photovoltaic facility.

RMB Corvest (RMB)

Cliffe Dekker Hofmeyr represented RMB, the leading South Africa-based private equity company.  Our South Africa-based environment team advised RMB in relation the  acquisition of a 65 per cent equity stake in WrapSA, a South Africa-based  pharmaceutical manufacturing and packing company, via the purchase of 65 per cent of its issued shares.  We assisted with the due diligence process and advised RMB on the relevant environmental and health and safety risks associated with the transaction.

Energy Infrastructure Management Services (EIMS)

CDH represented EIMS, one of the leaders in the renewable energy space in South Africa, with 11 total renewable energy facilities across South Africa. Our South Africa-based environment team advised EIMS in relation to the legal rights and obligations in relation to six of its renewable energy projects. Our advice was guided by the duties of care as provided for under various environmental laws in South Africa as well as the polluter pays principle, and required control measures prescribed in relation to grazing capacity of land, rehabilitation provisions and fire prevention provisions at both national and municipal level.  

Engie South Africa

Cliffe Dekker Hofmeyr is representing Engie, the leading global energy player.  Our South Africa-based environment team is advising Engie as the purchaser in the proposed sale and the proposed-on sale of the entire shareholding interest in the target or by certain of the target's wholly-owned subsidiaries of their entire shareholding in various of the target's wholly-owned subsidiaries to Engie.

Our Work

City of Cape Town: Establishment of a regional landfill site
Environmental Law

City of Cape Town: Establishment of a regional landfill site

Cliffe Dekker Hofmeyr advised the City of Cape Town on a challenge to the authorisation of the establishment of a regional landfill site.

Exxaro Resources (Exxaro)

Cliffe Dekker Hofmeyr is representing Cennergi Holdings (Cennergi), a wholly-owned subsidiary of Exxaro, the diversified mining and renewable energy company listed on the Johannesburg Stock Exchange and one of the largest black-empowered diversified mining companies in South Africa.  Our South Africa-based environment team is advising Cennergi in respect of its Lephalale photovoltaic (PV) project, which entails the development, financing, construction and operation of a circa 80MW PV plant that will supply the Grootegeluk mine with energy under a long-term power purchase agreement.  

Royal Bafokeng Nation (RBN)

Cliffe Dekker Hofmeyr represented RBN, the traditionally-governed community of 150,000 people living in 29 villages and owning 1,200 square kilometres of land in the North West Province of South Africa.  Our South Africa-based environment team was instructed by RBN to advise on the necessary documentation requested from MBW Engineers by RBN and undertake a legal review of the documentation regarding public participation and assess whether the Magalies Water Board obtained the requisite consent from landowners, specifically the traditional community in the area.

ArcelorMittal South Africa (AMSA)

Cliffe Dekker Hofmeyr is representing AMSA, the leading South African based steel manufacturing company which seeks to achieve the net-zero carbon ambition.  Our South Africa-based environment team is currently advising AMSA on a process to develop two 100MW renewable energy projects, planned for Gauteng and the Western Cape, which should be finalised during 2023/2024. The two 100MW renewable energy plants are intended to supply existing facilities within AMSA, using available ArcelorMittal South Africa land.

Richard Bay Gas Power 2 (Richards Bay)

Cliffe Dekker Hofmeyr is representing Richard Bay, the leading developer of proposed South Africa-based gas-fired power plants.  Our South Africa-based environment team is advising Richards Bay on the judicial review application brought by Groundwork Trust, a non-profit environmental justice organisation working primarily in South Africa, and South Durban Community Environmental Alliance against the Minister of Forestry, Fisheries and the Environment, the Chief Director: Integrated Environmental Authorisations Department of Forestry, Fisheries and the Environment and Richards Bay for granting an environmental authorisation a gas facility with a maximum export capacity of 400MW to be developed by Richards Bay.  

Old Mutual (OMLACSA)

Cliffe Dekker Hofmeyr is representing OMLACSA, the leading South Africa-based institutional investor in renewable energy companies.  Our South Africa-based environment team is advising OMLACSA in respect of its commitment to fund renewable energy projects acquired by Red Rocket South Africa (Red Rocket), comprising a loan to be advanced upon selection as preferred bidder for costs to be incurred before financial close and development funding to be advanced post preferred bidder selection.  

Calodex

Cliffe Dekker Hofmeyr is representing Calodex, the leading South Africa-based company involved in waste management and development of new, renewable energy project utilising latest technologies.  Our South Africa-based environment team advised Calodex on an application to obtain consent from the Minister responsible for mining and minerals to sterilise the minerals on certain properties as required under section 53 of the Mineral and Petroleum Resources Development Act (MPRDA) in order for Calodex to construct a solar photovoltaic facility.

RMB Corvest (RMB)

Cliffe Dekker Hofmeyr represented RMB, the leading South Africa-based private equity company.  Our South Africa-based environment team advised RMB in relation the  acquisition of a 65 per cent equity stake in WrapSA, a South Africa-based  pharmaceutical manufacturing and packing company, via the purchase of 65 per cent of its issued shares.  We assisted with the due diligence process and advised RMB on the relevant environmental and health and safety risks associated with the transaction.

Energy Infrastructure Management Services (EIMS)

CDH represented EIMS, one of the leaders in the renewable energy space in South Africa, with 11 total renewable energy facilities across South Africa. Our South Africa-based environment team advised EIMS in relation to the legal rights and obligations in relation to six of its renewable energy projects. Our advice was guided by the duties of care as provided for under various environmental laws in South Africa as well as the polluter pays principle, and required control measures prescribed in relation to grazing capacity of land, rehabilitation provisions and fire prevention provisions at both national and municipal level.  

Engie South Africa

Cliffe Dekker Hofmeyr is representing Engie, the leading global energy player.  Our South Africa-based environment team is advising Engie as the purchaser in the proposed sale and the proposed-on sale of the entire shareholding interest in the target or by certain of the target's wholly-owned subsidiaries of their entire shareholding in various of the target's wholly-owned subsidiaries to Engie.

Environmental Law News

More news
15 Aug 2024 Article

Small town Regional Court ruling has big-time environmental liability consequences for a company director

The long-standing yet seldomly relied upon director liability provision – section 34(7) in the National Environmental Management Act 107 of 1998 (NEMA) – finally bared its substantial teeth in a court order that was handed down by Magistrate RM Nkuna on 21 September 2023 in the Phalaborwa Regional Court against Southern Sky Hotel and Leisure (Pty) Ltd (Southern Sky), the previous owner of the Hans Merensky Hotel, Golf and Spa and its sole director, Shamira Rinderknecht (Rinderknecht).
31 Oct 2024 Article

The impact of the Climate Change Act on the mining sector

The Climate Change Act 22 of 2024 (Act) was signed into law on 23 July 2024, which represents a key development in the country’s ongoing commitment to tackling environmental consequences from climate change. Although its date of commencement still awaits proclamation in the Government Gazette , industry stakeholders must take note of the Act’s intended objectives and implications once it becomes effective. Staying informed now will help ensure compliance and alignment with broader climateobjectives. 
30 Aug 2024 Article

Engineering News & Mining's Women in Industry

Tessa Brewis, Director in the Energy & Power sector, Alecia Pienaar, Counsel in the Environmental Sector, and Zodwa Malinga, Associate in the Construction & Engineering sector recently appeared in "Engineering News & Mining's Women in Industry" feature.

Market recognition

Our Environmental Law team is externally praised for its depth of resources, capabilities and experience.

 

  • Chambers Global 2021–2024 ranked our Environment Law practice in Band 3 for environment law. 
  • The Legal 500 Green Guide EMEA 2022 recognized the firm for leading work in climate change and sustainability

 

Market recognition

Our Environmental Law team is externally praised for its depth of resources, capabilities and experience.

 

  • Chambers Global 2021–2024 ranked our Environment Law practice in Band 3 for environment law. 
  • The Legal 500 Green Guide EMEA 2022 recognized the firm for leading work in climate change and sustainability

 

Happy Clients

Chambers Global 2024

"Cliffe Dekke Hofmeyr's lawyers are well versed and experienced in legal matters, and they offer fit-for-purpose advice."

Chambers Global 2024
Chambers Global 2024

"The law firm shows an excellent awareness of the commercial environment and how it impacts our matters."

Chambers Global 2024

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