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Bowman Gilfillan is involved in the exploration for and production of oil and gas both onshore and offshore. Initially the firm represented Kerr McGee of Oklahoma City, the owners of the Transworld 61, the first semi submersible drilling rig to enter South African waters in a dispute with the hirer General Mining, in the 1960s. With its considerable experience in all aspects of maritime law the firm was ideally placed to successfully present the case for the owners in the ensuing arbitration proceedings. The firm furthermore represented the project managers engaged in the construction of the FA Platform and Heerema of the Netherlands by and about the laying of the pipeline from the platform to the refinery at Mosselbay.
From that time on the firm has been consulted on all aspects of the legislation governing the oil and gas industry including the Mineral Resources and Petroleum Development Act, amendments to the Income Tax legislation to provide for the stability of concessions granted by the state to the industry and the rates of royalties payable by participates in the industry.
Since the grant of the first exploration licences in 1998 the firm has and still represents one or more of the licencees in every licence block situate on the West, South and East coasts of the Republic in respect of which licences had been negotiated. These include blocks 2A and blocks 9 and 11 incorporating the Ibubhesi gas field and the discovery of oil and natural gas (the South Coast Gas Project) by Pioneer Natural Resources and PetroSA.
Bowman Gilfillan has prepared applications (with all the supporting documentation) for exploration and production rights and negotiated the terms and conditions applicable to such rights with the Petroleum Agency, including the execution and registration of the rights. The firm has been involved in the consequential agreements such as JOAs, JVs and Farm ins. Needless to say the firm has also been heavily been engaged in compliance matters arising from the terms and conditions of the rights in question and generally the exercise of such rights. Dispute resolution provisions are incorporated in the licences and attendant documents and the firm has extensive experience in both local and international arbitration in accordance with the prescribed rules.
ENERGY LAW
The team has over the years been involved in numerous projects relating
to electrical energy (hydropower and thermal power), oil and gas resources
(including off-shore oil and gas exploration and exploitation) as well
as nuclear, biomass, solar and wind energy projects. We have provided
advice in areas such as development of new facilities for power generation,
regulatory compliance of power generation plants, environmental impacts,
water, waste, air pollution, permitting and compliance with international
agreements and standards; as well as regulatory and other aspects of
the procurement of fuels for power stations. We have worked both for
the relevant South African parastatals as well as for foreign investors
and private consortia involved in this field.
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