It's Our Second Nature
Environmental Law Specialists:
Compliance Made Simple with Expert
EAP Services
It's Our Second Nature
Environmental Law Specialists: Compliance Made Simple with Expert EAP Services
When the earth shifts,
we’re here to keep you grounded. Our firm’s Environmental Department is made up of experienced technical specialists and environmental lawyers who help guide you through the complexities of compliance. With our very own Environmental Assessment Practitioner (EAP), we ensure all operations comply with the entire suite of environmental legislation, (approximately 14 Acts and 116 regulations), and provide practical advice on navigating these regulations.
We have extensive environmental management and consultancy experience in the industrial, construction, agriculture and mining sectors, working with environmental regulatory authorities to obtain timeous outcomes for appeals or applications in terms of the National Environmental Management Act, 1998, and its related environmental management acts.
Second
nature,
first in
Class
When the earth shifts,
we’re here to keep you grounded. Our firm’s Environmental Department is made up of experienced technical specialists and environmental lawyers who help guide you through the complexities of compliance. With our very own Environmental Assessment Practitioner (EAP), we ensure all operations comply with the entire suite of environmental legislation, (approximately 14 Acts and 116 regulations), and provide practical advice on navigating these regulations.
We have extensive environmental management and consultancy experience in the industrial, construction, agriculture and mining sectors, working with environmental regulatory authorities to obtain timeous outcomes for appeals or applications in terms of the National Environmental Management Act, 1998, and its related environmental management acts.
Second
nature,
first in
Class
Environmental Law & Order
Streamlined Compliance & Expert Appeal Support
We’re the go-to gals and guys for private companies, individuals, and NGOs when it comes to navigating the wild, wild west of environmental regulations. Whether you’re part of an in-house legal team or on the frontlines with operations, we can help you tackle everything from environmental impact assessments to regulatory compliance.
We also work closely with your consultants, offering the legal know-how to guide you through applications and interpretations of legislation – we’re like your very own environmental compliance GPS, always recalculating to keep you on the right track.
And if you’re not happy with a regulator’s decision, we’ll step in to lodge the appeal and run the process to a successful resolution.
14 Acts, 116 regulations,
and we’ve got the roadmap!
Environmental Assessments,
and Getting Top Marks
Securing Authorisations for Smooth
Operations
Securing Authorisations for Smooth Operations
Prior to the construction and/or operation of a facility, our team can assist with identifying the need to obtain Environmental Authorisations through Environmental Screening or a Gap-Analysis Report. NSDV Law can also assist with a full environmental due diligence report.
Depending on the type of activities, additional environmental licences other than Environmental Authorisations, may be required. Examples of some of these licenses include waste management, water use, and atmospheric emission – all of which we can assist with applying for. Once approved, we can assist with auditing them.
Environmental Reports for
Rapport
Clear Insights for Compliance &
Decision-Making
We prepare environmental impact assessments, environmental compliance audit reports, environmental legal due diligences, environmental legal opinions and notes, and environmental legal reviews.
EAP =
Expert At
Paperwork
Ok not really, it actually stands for Environmental Assessment Practitioner, but we like the sound of this better.
Environmental Management
Programmes
Simplifying (the not always fun)
Regulatory Approvals
Simplifying (the not always fun) Regulatory Approvals
It’s a legal requirement to obtain an environmental authorisation and for its concomitant environmental management programme to be approved. Securing approval for your environmental management programme helps you meet all necessary regulatory requirements.
EAP, that's Ms. EAP to you
Hassle-Free Authorisations from Our Very Own
Environmental Assessment Practitioner (EAP)
Hassle-Free Authorisations
from Our Very Own
Environmental Assessment Practitioner (EAP)
An application for an Environmental Authorisation must legally be managed by a specialist known as a Registered EAP, of which we have our very own. Our EAP assists with compiling the application for an environmental authorisation and the associated documents – she also happens to have a law degree, so she really knows what she’s talking about!
Read More
Minnette Le Roux
Head of Environmental Law
&
Environmental Assessments
Practitioner
- Environmental Screening Reports
- Gap-Analysis Reports
- Due-diligence
- Environmental Impact Assessments and Environmental Management
Programmes - Basic Assessments
- Waste Management Licence Applications (WML)
- Water Use Licence Applications (WUL)
- Atmospheric Emission Licence Applications (AEL)
- 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
- 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
These are the mandatory ones:
- Environmental Control Officer Audits
- Environmental Authorisation Compliance Audits
- Legal Compliance Audits
- Water Use Licence Compliance Audits
- Regulation GN 704 Audits
And then there’s the voluntary one. A Comprehensive Environmental Legal Compliance Audits (ELCA) Also known as, NSDV Law’s best kept secret.
An Environmental Legal Compliance Audit (ELCA), is an internal document that is voluntary in nature and is a proactive measure implemented by companies. According to the King Report and Code, corporate governance principles also encompass the environmentally responsible and lawful management of environmental aspects and impacts at operations. It’s all part of ESG too!
Compliance with environmental legislation forms part of the minimum standard to ensure effective management of corporate legal risk. An ELCA undertaken by an independent person (say hello to our EAP!), intends to reflect a company or operations’ compliance with the applicable environmental legislation on a site-specific level and address any non compliance findings. It further serves as a tool for companies to identify and manage environmental-legal risks at their operations.
In your future engagements with regulatory authorities and society, companies like yours will ultimately be required to indicate the measures that are being taken at your operations that demonstrate and are directed towards compliance with the statutory duty of care and/or specific standards as contained in applicable environmental legislation. Formal compliance should in our view and from a risk management perspective, be seen as the first objective to be achieved, followed by actual and material compliance.
We have seen only positive outcomes from conducting these audits, especially the ELCA’s. We found that the ELCA informs an operation of the latest environmental legislation, sometimes the operation is not even aware of a legislative provision that they need to comply with until we have informed them about such a provision during the ELCA. In other scenarios, operations find it difficult to comply with a condition and we are able to assist in recommending actions to ensure compliance and avoiding any non-compliance notices or directives being issued by the competent authorities.
- Opinions
- Appeals
Environmental services offered:
- Environmental Screening Reports
- Gap-Analysis Reports
- Due-diligence
- Environmental Impact Assessments and Environmental Management
Programmes - Basic Assessments
- Waste Management Licence Applications (WML)
- Water Use Licence Applications (WUL)
- Atmospheric Emission Licence Applications (AEL)
- 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
- 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
These are the mandatory ones:
- Environmental Control Officer Audits
- Environmental Authorisation Compliance Audits
- Legal Compliance Audits
- Water Use Licence Compliance Audits
- Regulation GN 704 Audits
And then there’s the voluntary one. A Comprehensive Environmental Legal Compliance Audits (ELCA) Also known as, NSDV Law’s best kept secret.
An Environmental Legal Compliance Audit (ELCA), is an internal document that is voluntary in nature and is a proactive measure implemented by companies. According to the King Report and Code, corporate governance principles also encompass the environmentally responsible and lawful management of environmental aspects and impacts at operations. It’s all part of ESG too!
Compliance with environmental legislation forms part of the minimum standard to ensure effective management of corporate legal risk. An ELCA undertaken by an independent person (say hello to our EAP!), intends to reflect a company or operations’ compliance with the applicable environmental legislation on a site-specific level and address any non compliance findings. It further serves as a tool for companies to identify and manage environmental-legal risks at their operations.
In your future engagements with regulatory authorities and society, companies like yours will ultimately be required to indicate the measures that are being taken at your operations that demonstrate and are directed towards compliance with the statutory duty of care and/or specific standards as contained in applicable environmental legislation. Formal compliance should in our view and from a risk management perspective, be seen as the first objective to be achieved, followed by actual and material compliance.
We have seen only positive outcomes from conducting these audits, especially the ELCA’s. We found that the ELCA informs an operation of the latest environmental legislation, sometimes the operation is not even aware of a legislative provision that they need to comply with until we have informed them about such a provision during the ELCA. In other scenarios, operations find it difficult to comply with a condition and we are able to assist in recommending actions to ensure compliance and avoiding any non-compliance notices or directives being issued by the competent authorities.
- Opinions
- Appeals
Energy Law of The Land
Energy Law of
The Land
Powering Progress, One Contract
at a Time
Powering Progress, One Contract at a Time
We regularly draft, review and negotiate a wide range of energy contracts across multiple energy sectors with a particular focus on:
- Renewable Energy (solar, wind, biogas);
- Battery energy storage systems (BESS);
- Power generation and distribution;
- Oil and gas;
- Biofuels;
- Data Centres
Environmental Law in Africa
Leading You Through the
Legal Landscape
Whether navigating environmental regulations or managing cross-border compliance, we streamline the process, giving you peace of mind as we tackle the challenges of Africa’s evolving legal landscape. We guide you through the complexities of environmental law and leverage our network of trusted local counsel, to deliver bespoke legal services in areas like construction contracts, international arbitration, and ESG audits – all while managing cost, time, and quality.
Environmental Lawyers for the Jungle Out There
Our team is highly specialised in the environmental field, with a number of our team members holding BScs, and Master’s degrees in Environmental Law and Environmental Science. We primarily work with private companies, we advise on how to comply with and navigate environmental regulations, including environmental impact assessments. We also interact directly with our clients’ consultants and advise on regulatory applications and interpretations of legislation.
Lili Nupen
Co-Founder & Director:
Mining, Environmental & Energy
Our award-winning Co-founder and Director, Lili, has a deep understanding of the South African mining industry and has worked on numerous transactions involving both international and local mining companies throughout South Africa, and Africa. She has extensive experience in the mining legal regulatory arena, and maintains close relationships with government, the private sector, and unions.
Mandy Hattingh
Director:
Mining, Environmental & Energy
Mandy is a Senior Attorney in our team and her primary passion is energy regulation, as well as environmental and natural resources law. She has been involved in several energy projects within the independent power producer’s procurement programmes, and private projects both within South Africa and in other African countries.
Her experience in a wide range of matters across numerous sectors makes her one of the most knowledgeable minds in the industry. Her work includes conducting due diligences and preparing environmental legal opinions and providing advice on the environmental aspects of the supporting contractual arrangements.
Minnette Le Roux
Head of Environmental Law -
Environmental Assessments Practitioner
Minnette is a Principal Environmental Specialist and heads the Environmental Department at NSDV Law.
In the past 17 years, Minnette has acquired more experience and recognition in environmental management and consultancy than many of her contemporaries will in a lifetime – all of which she brings to her clients, large or small.
Muhammed Khan
Legal Practitioner:
Mining & Environmental
Muhammed (Moh) is an attorney in our Environmental and Mining Law Department and combines his regulatory experience with experience in negotiating, drafting and reviewing various complex commercial contracts.
He has extensively engaged with various governmental departments including the Department of Mineral Resources and Energy (DMRE), the Petroleum Agency of South Africa and the National Energy Regulator of South Africa. This engagement included drafting various applications under the Mineral and Petroleum Resources Development Act (MPRDA), the Mine Health and Safety Act (MHSA) and the Gas Act.
Luca Maraschin
Senior Associate:
Mining & Environmental
Luca Maraschin is a Senior Associate in NSDV Law’s Environmental and Mining Law Department. He has experience in a wide range of regulatory matters across several sectors, including mining, oil & gas, renewable energy, and conservation.
He has experience in both civil and criminal environmental law matters before the High Court. And he has conducted environmental legal due diligence and assisted in safety and health, and environmental legal compliance audits.
Tamia Martin
Associate Designate:
Mining & Environmental
Tamia provides support wherever possible, including conducting legal research, drafting legal documents and taking part in client consultations.
She completed her BA Law and LLB degree at the University of Cape Town and obtained her 400 notional hours of Practical Legal Training at the Illovo Paralegal Centre of Education in 2023. She completed her articles at Malebye Motaung Mtembu Attorneys Inc., where she gained experience in various fields of law and had the opportunity to conduct site inspections at Mining sites, sparking her interest in Mining Law.
Trevana Moodley
Associate:
Mining & Environmental Law
Trevana obtained her BA in Law and LLB from Wits University. Driven by her passion for environmental law, she further pursued an LLM in Environmental Law at UCT. During her final year of both the LLB and LLM programs, she worked as an Executive Legal Assistant at a law firm, where she gained valuable practical experience in various areas of law.
