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During the past two decades corporate and institutional attitudes towards
environmental and resource management have changed to such an extent
that specialised counsel has become necessary in order to effectively
manage corporate environmental and resource strategy.
The Bowman Gilfillan Environment, Mining, Energy and Natural Resources
Group constitutes a powerful and skilled nucleus of environment,
mining and natural resources law expertise. Our alliance with strategic
partners in fields such as environmental engineering, environmental
consulting and township development enables us to satisfy
our clients' broader objectives, priorities and environmental and
mining needs,
effectively and efficiently.
The Environment, Mining, Energy and Natural Resources Group covers
all aspects of environmental and natural resources management, ranging
from the conservation of species and habitats, to applications for
mining rights and the conversion of existing rights in terms of new
legislation, through to waste management and pollution control. Particularly, we specialise in the following areas:
ENVIRONMENTAL AUDITING, DUE DILIGENCE
Auditing procedures, which incorporate internationally-accepted methodologies
of environmental auditing, have been adopted and adapted by the firm
for the commercial, industrial and mining sectors. The environmental
audit and due diligence exercises undertaken by the Group are specifically
focused on addressing the legislative and regulatory compliance of
the "audit subject". They allow for an alliance with technical
and scientific experts. Environmental and occupational health and safety
audits often form part of a larger audit of environmental management
aspects of a facility and as such, foster the development and implementation
of environmental management systems. Due diligence studies are conducted
as an essential component of commercial transactions on which Bowman
Gilfillan has been instructed.
We have experience and expertise both in challenging the findings and
procedures imposed by government in the statutory environmental impact
assessment process and in conducting and facilitating environmental audits
and due diligence procedures, and attending to the legal aspects of environmental
management systems, such as ISO 14000. We are well placed to advise clients
on all aspects of environmental impact assessments, particularly land
use planning, rezoning and development projects.
ENVIRONMENTAL PERMITTING
The Group provides comprehensive legal advice to the public and private sector,
commerce, mining houses and industry on all environmental permit, license, and
other administrative requirements in sectors such as mining, nuclear processing,
power generation, water use, effluent discharge and waste disposal.
WASTE LAW AND HAZARDOUS SUBSTANCE CONTROL
The Group has extensive experience in all matters concerning waste
law, including drafting new legislation, permitting issues relating
to landfills, the development and commissioning of landfills, and advising
on corporate delictual and contractual liability in respect of pollution
and waste management. The Group regularly advises clients on matters
related to waste law, including waste minimization, recycling, re-use
and disposal requirements, safe-handling, storage and transportation
of waste, soil degradation, land management, mining waste management
and all forms of pollution control. We have been involved in the development
and commissioning of large public-private and private foreign donor
assisted waste facilities.
PUBLIC LAW AND INFRASTRUCTURAL DEVELOPMENT
Bowman Gilfillan acts for a number of government organizations and state-owned
enterprises including the Industrial Development Corporation, the Development
Bank of Southern Africa, a number of major metros and privatised utility
providers, the Land and Agricultural Bank, Telkom, Portnet, Spoornet,
Eskom, Transnet, Working for Water, the Department of Water Affairs and
Forestry, the Department of Environmental Affairs and Tourism, the Gauteng
Department of Agriculture, Conservation, Environment and Land Use, the
Human Rights Commission, and Rand Water. These and other clients are
extensively advised inter alia on environmental and development planning,
interpretation and application of laws, administrative action and the
application of government policies. The Environmental, Mining, Energy
and Resources Group's expertise in environmental, constitutional, and
administrative law makes us an integral part of each project team.
Bowman Gilfillan has a long history of advising international development
agencies such as the World Bank, the International Finance Corporation
and the International Monetary Fund. The Group has been involved in advising
on some of the major transactions relating to the restructuring of state-owned
enterprises. The Group regularly provides opinion advice, drafts legislation
and regulations and defends government departments and state entities
in judicial review actions. Notable matters in these areas include:
- Advising a large metro on the interpretation
and application of the integrated development planning requirements
in local government legislation;
- Conducting a survey for DANCED of the environmental aspects of the
land reform programmes of the Department of Land Affairs;
- Drafting a review of the structure and policy objectives of the Working
for Water programme;
- Drafting the Gauteng Health Care Risk Waste Regulations and the Waste
Information System Regulations; and
- Drafting relevant legislation governing the South African National
Rail Regulator.
MINING LAW
The Group has established itself as a leader in the field of mining
law in South Africa, and was instrumental in the development of the new
mining law regime. We regularly advise on all matters relating to mining
assets and the conversion, acquisition and disposal of mining rights
and titles. Our expert advice is sought for general environmental, occupational
health and safety and related regulatory issues associated with the practice
of mining. The Group also has expertise in advising on a wide range of
natural resource exploitation and beneficiation projects, ranging from
forestry to gas.
WATER LAW
Having been called upon to provide specialist advice to the Minister
during South Africa's water law reform process, the Group is uniquely
placed to provide advice on all aspects of water resource management
in South Africa, including water use licensing, pollution issues, pricing
issues, the establishment of catchment management agencies, the establishment
of water user associations, and all other aspects of compliance with
the National Water Act, 1998.
The Group has in addition developed specialist skill and expertise to
advise on the laws governing water and sanitation service provision,
including advice on compliance with the requirements of the Water Services
Act; and particularly public and private sector transactional arrangements.
SERVICE DELIVERY ORGANISATIONS AND AGREEMENTS
The Group has been involved in providing specialist environmental legal
advise for a number of high level service delivery organisations, such
as privatised utility providers. Our advice covers issues such as constitutional
functional areas, co-operative governance, drafting service delivery
agreements and advising on environmental impacts.
LOCAL GOVERNMENT CAPACITY
Bowman Gilfillan is committed to playing a meaningful role on a micro
and macro level in the social, economic, legal and political life of
South Africa. The Group is able to offer a full legal service in the
local government sector with respect to environmental and natural resource
issues. Due to the extent of regulatory experience of the Group, we are
able to add value to such matters in a number of ways that go beyond
the traditional service provided by law firms. The Group has particular
expertise in water services, sanitation and waste disposal projects.
We have previously advised government and private sector investors in
a number of municipal restructuring and service provision endeavours.
The Group's considerable experience and expertise in this area is due
in part to our participation in the drafting process of much of what
is currently applicable South Africa legislation and regulation in this
area. This also ensures we have a good working relationship with the
government departments and officials involved in these areas. Our clients
include the City of Johannesburg, to whom the Group provides on-going
comprehensive advice in relation to a number of matters, including issues
related to its Waste Water Treatment Plant, and its integrated development
plans.
Particularly, we offer specific assistance in local government partnerships
in the following areas:
- advising on constitutional responsibilities with municipalities, divisions
of responsibility between spheres of government and the co-operative government
requirements of the Constitution, and training local government officials
in this area;
- developing law, regulations and by-laws in the areas of municipal
responsibility;
- training government, parastatals and all levels of management in understanding,
implementing and developing environmental law, regulatory frameworks and
administering services in South Africa's constitutional context.
PUBLIC PRIVATE PARTNERSHIP
The Group specialises in projects requiring multi-disciplinary regulatory,
Constitutional and commercial input, and has a great deal of experience
in infrastructure, natural resource and environmental matters throughout
Southern Africa.
The Group has experience in conceptualising, negotiating, implementing
Public Private Partnerships in the municipal area and is able to provide
expertise in the regulatory, developmental and environmental issues that
are a central part of such partnership.
In addition to BOTT and turn-key Public Private Partnership work, we
have also assisted a number of South African local authorities in developing
policy in this area and have been involved in the development of transport
infrastructure. The Group was responsible for redrafting the development
of an Integrated Pollution Control and Waste Management Plan for the
Kyalami metropolitan area. We have acted for both private and public
entities in private-public partnerships for utilities contracts (such
as acting in the recent Greater Johannesburg Metropolitan Council restructuring,
and including acting for private investors in a large metropolitan restructuring
of the gas services).
The Group has had extensive experience working in partnership with external
organisations and implementing development projects. For example, the
Group assisted Namibia, under the auspices of the Food & Agricultural
Organisation of the United Nations (FAO), in the drafting of Namibia'
s water legislation. We have worked with the FAO on a number of other
projects throughout South and Southern Africa, as well as worked on a
number of danced, DFID, NORAD and USAID projects.
TRAINING
Members of the Group regularly develop training courses in understanding
and implementing the law, understanding risk and responsibility for employees
of parastatals and for various levels of management.
Courses focusing on relevant laws and government policies are conducted
on a number of levels: from introductory courses in environmental risk
and responsibilities and the law's role in management systems for senior
management figures; to intensive training courses in all aspects of environmental
risk for environmental officers.
LAND DEVELOPMENT
The Group offers a full service in all aspects of physical development.
Our involvement usually commences at conceptualisation stage and by early
involvement we are able to ensure that the land use, zoning, environmental
impact and permitting processes are integrated into the project plan.
Developments involving the exploitation of natural resources, those that
have the potential to impact on sensitive environments and developments
involving multiple uses are areas of particular expertise.
INTER-REGIONAL AND INTERNATIONAL TRADE
The Group has advised on a number of issues related to SADC, and trade
within the SADC areas, particularly in the areas of standards, technical
barriers to trade, product safety, and environmental issues and we are
involved in the development of SADC policy in these areas. We also advised
on international trade beyond SADC, covering import and export restrictions,
and transactions relating to natural resources, products with safety
risks, product safety, food safety, sanitary and phyto-sanitary standards,
technical barriers to trade, national and international standards and
in permitting issues related to the above. We have worked with international
organisations involved in these areas extensively.
LITIGATION
Drawing on Bowman Gilfillan's team of experienced litigators, the Group
handles all forms of environmental litigation, including High Court actions
and applications, criminal matters and administrative hearings and enquiries.
COMMERCIAL CONTRACTS
The Group has the expertise to deal with all environmental and mining
law issues pertaining to commercial contracts. This includes matters
of environmental sensitivity, mitigation, rehabilitation obligations,
land-use planning issues, warranties, indemnities and undertakings, as
well as the establishment of appropriate environmental remediation trust
funds.
LEGAL DEVELOPMENT
Members of the team have been intricately involved in the drafting of
environmental legislation at a national, provincial and local level.
Through our involvement in the drafting process, the Group has gained
a unique insight into the law and its application. |
