MINING AND ENVIRONMENT

LNP Attorneys Inc. provides a holistic cradle-to-grave offering for all mining and environmental legal matters. All our solutions are tailored to suit our clients for a responsive and efficient experience.

 

The mining and environmental law practice group has in-depth knowledge and the legal know-how for all mining and environmental legal matters. The practice group prides itself on being commercially sound, multi-disciplinary and responsive to its clients.

 

Our practitioners have acted for local and international clients throughout Africa on a number of large, high-profile mining and environmental law transactions. LNP’s offering extends to all aspects of regulatory compliance, due diligence investigations, mining and mineral titles, mineral royalties, access to mines, surface use issues, mining-related disputes and litigation, compliance with the provisions of various petroleum and gas legislation, and environmental, administrative and constitutional law issues.

 

Our services include but are not limited to the following:

  • negotiating and drafting commercial agreements
  • advising on cross-border mining transactions
  • conducting due diligence investigations for compliance assessments, listings, disposals and acquisitions
  • compiling legal registers on compliance with the existing and applicable mining, petroleum and environmental regulatory framework
  • undertaking environmental audits on client sites and/or plants and advising on compliance with the provisions of the existing environmental regulatory framework
  • advising on all aspects of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA) and all related legislation
  • advising on all aspects of the National Environmental Management Act, 1998 (NEMA) and all related legislation, including the National Environmental Management: Waste Act, 2008; the National Environmental Management: Air Quality Act, 2004; the National Environmental Management Biodiversity Act, 2004; the National Environmental Management: Protected Areas Act, 2003; the National Heritage Resources Act, 1999; and the National Water Act, 1998
  • advising on all aspects of compliance with the regulatory framework applicable to the use of land including land use management and zoning requirements under the Spatial Planning and Land Use Management Act, 2013 (and related legislation), as well as the provisions of the Subdivision of Agricultural Land Act, 1970; the Conservation of Agricultural Resources Act, 1983; the National Forest Act, 1998 and the National Veld and Forest Fire Act, 1998
  • advising on all aspects of the Petroleum Products Act, 1977; the Gas Act, 2001; the Petroleum Pipelines Act, 2003; the Petroleum Pipelines Levies Act, 2004 and compliance with the existing regulatory framework by the petroleum industry
  • advising on all empowerment matters relating to the MPRDA, the Mining Charter and the BBBEE Act, as well as on the intersection between the MPRDA and the Labour Relations Act, 1995, specifically in relation to the downscaling of mining operations
  • advising on the legal issues arising from environmental impact assessments undertaken (or to be undertaken) in accordance with the provisions of NEMA and the specific environmental management Acts
  • natural resource disputes and litigation
  • drafting legal opinions and memoranda
  • drafting submissions and commentaries on promulgated mining, petroleum and environmental legislation and proposed laws
  • drafting and lodging mining title applications, appeals, and responses in terms of the MPRDA, and registering mining titles at the Mineral and Petroleum Titles Office
  • inter-facing with the Department of Mineral Resources and the Department of Environmental Affairs for all regulatory matters
  • establishing, registering and amending rehabilitation, empowerment and community trusts
  • advising on all aspects of environmental management law compliance