NSDV Law

Lili Nupen
Co-Founder & Director: 
Mining & Environmental

Experience: 18 Years

Lili Nupen LinkedIn Profile

Email: nupen@nsdv.co.za 

Lili can be found chatting to the Head of Legal for the DMPR one moment and be sitting in union meetings to secure a workable solution for her clients the next. It’s by sincerely considering everyone at the table (and those away from it) equally important that Lili’s earned her place amongst the most beloved legal advisors in the industry.

With extensive experience in the environmental and mining legal regulatory arena, Lili was previously at Bowmans and has served as a director at Malan Scholes Attorneys. She 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.

Of the many traits that sets her apart, one of the most notable is Lili’s commitment to maintaining her close relationships with government, the private sector, and unions (all stakeholders in fact) – which points to the importance she places on an ability to play well with others. It’s partly why clients value working with her – and with NSDV Law in general (in addition to her practical approach to legal matters) – and it’s something she believes is critically lacking in the mining sector at large.

 Lili’s experience includes:

  • Compliance with the provisions and obligations contained in the Mineral and Petroleum Resources Development Act, 28 of 2002 (MPRDA).
  • Compliance with all mine health and safety obligations.
  • Compliance with environmental legislation including water, waste and general environmental law obligations, land use planning and rezoning, as well as any consequences arising from the introduction of the “One Environmental System”.
  • Compliance with Mining Charter
  • Regulatory consents and approvals and any amendments required to such consents and authorisations.
  • Reviewing exposure to liability in terms of directives issued in terms of the National Environmental Management Act, 107 of 1998 (NEMA), the MPRDA, the Mine Health and Safety Act, 29 of 1996 (MHSA) and the National Water Act, 36 of 1998 (NWA).
  • Appealing and/or reviewing unlawful administrative decisions taken in terms of NEMA, the MPRDA, the MHSA and the NWA to the applicable regulatory body or court.
  • Assisting mining companies with the upliftment of unlawful instructions issued by the inspectorate in terms of section 54 and/or section 55 of the MHSA.
  • Advising on and drafting contractor agreements.
  • Advising on the structuring of a transaction to ensure compliance with the applicable legislation.
  • Preparing various legal opinions in terms of, inter alia, the MPRDA, Mining Charter, the MHSA, applicable environmental legislation, zoning requirements and financial provision regulations.
  • Drafting of section 11 applications, section 102 applications and section 43 (transfer of environmental liability) applications.
  • Advising clients in relation to the process to access properties which form part of the prospecting right or mining right area (section 54 of the MPRDA).
  • Advising clients on obtaining approval from the Department of Mineral and Petroleum Resources (DMPR) in terms of section 53 of the MPRDA for the undertaking of any activity on the surface of land which may impact the objects of the MPRDA, including, for example, the development of solar energy projects and township developments.
  • Advising on and assisting renewable energy projects to obtain the requisite approvals for the purposes of commencing with operations.
  • Advising clients and assisting with closure obligations.
  • Advising clients on the payment of royalties in accordance with the provisions of the Royalties Mineral and Petroleum Resources Royalty Act, 28 of 2008 and the Royalties Mineral and Petroleum Resources Royalty (Administration) Act, 29 of 2008.
  • Advising clients on and assisting clients in determining whether there are land claims in respect of properties.
  • Advising clients on the civil and criminal liability of directors, in their personal capacities, for the failure of a company to comply with environmental legislation.
  • Drafting of due diligence reports and title opinions for clients for, inter alia, the obtaining and/or acquisition and/or the disposal of rights granted in terms of the MPRDA.

 

  • Recognised for her expertise in Mining and Environmental Best Lawyers® for 2020- 2026
  • Winner – The African Legal Awards 2024 – Women Leader in Law, Private Practice
  • Ranked by Chambers a Band 4 for Best Mining Lawyer in South Africa in 2024
  • Ranked by Chambers a Band 3 for Best Energy & Natural Resources: Mining Lawyer in South Africa in 2024
  • Recognised for her expertise in South Africa’s Best Mining, Environmental and Regulatory Lawyer by Best Lawyers® 2023
  • Ranked by Chambers a Band 3 for Best Mining Lawyer in South Africa in 2023
  • Ranked by Chambers a Band 4 for Best Lawyer in Mining and Environmental Law for 2023
  • Runner-up at WOZA AFRICA AWARDS 2022 – Women in Law best in Energy, Mining and Resources
  • Ranked by Chambers a Band 4 for Best Mining Lawyer in South Africa in 2020