Our Services

EIA REGULATORY COMPLIANCE;

When proposing new developments or expanding existing facilities, it is crucial to

ascertain whether the associated activities necessitate authorization under

applicable environmental legislation.

Given the application's complexity, several procedures have to be considered to

secure the relevant environmental authorizations, including:

- Basic Assessment Reports

- Environmental Impact Assessment Reports

- Environmental Exemption Applications

ENVIRONMENTAL RECTIFICATION;

Section 24G of the NEMA makes provision for the ex post facto rectification of

activities which have commenced without environmental authorization. Applications

include mandatory administrative fines with possible criminal prosecution in certain

circumstances.

REPRESENTATIONS;

As an example; Representations are made to the MEC in circumstances where fine

amounts calculated by the so called “fine committee” are in dispute. Arguments are

presented in representations in an effort to lower the fine amounts.

APPEALS;

Appeals are made on behalf of clients in circumstances where, for instance,

conditions of environmental authorizations are in dispute. Interested and affected

parties may also appeal the granting of environmental authorizations, the same

which are counter argued on behalf of clients in whose favour authorizations have

been granted.

LEGAL OPINIONS / ADVICE;

Legal opinions guide decision-making in complex situations, aid law interpretation,

and address legal documents from authorities. Counter arguments, crucial to

avoiding rights limitation or litigation, are informed by the interpretation of

applicable legislation.

Environmental laws carry criminal sanctions, necessitating expert advice. Adv Douw

Venter offers 40+ years experience of which 20 years focused on environmental law.

Legal advice is often requested by other practitioners in whose firms’ legal expertise

is not available. Advise may range from the identification of the applicable legislation

based on certain merits or even advice on the content of representations made to the

MEC or National Prosecuting Authority.

LITIGATION SUPPORT;

Civil disputes or prosecution of certain matters involve civil litigation or calls for

assistance in criminal matters where statements have to be drafted for clients or

representations are made to the National Prosecuting Authority. Guidance in these

instances is crucial to avoid incarceration, prison sentences or high fines!

Civil litigation involves litigation with regard to compliance notices / directives

issued by competent authorities and are often based on the principles of

administrative law where administrative actions by the authorities are taken on

review