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| The Firm's Expertise |
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C&A provides specialist legal advice on all aspects of environmental and sustainability law and comprehensive legal support for clients in the green economy.
TThis covers a wide range of activities and the firm has built considerable expertise in the environmental, corporate and other laws regulating those activities.
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The firm has extensive experience in various aspects of the laws regulating agricultural resources. These laws include environmental impact assessment obligations and the regulation of water rights, under both the (now repealed) Water Act and the National Water Act. The firm's attorneys also have a thorough understanding of the laws regulating plant husbandry, seed import and export and phytosanitary obligations. The firm has advised and litigated on behalf of various public interest organisations in the area of genetically modified organisms. Climate change & renewable energy The firm is currently advising a client on the legal aspects of the establishment of a wind power generation facility. It has also advised the Department of Minerals and Energy on the legal aspects of the sustainability criteria used by the Department to assess Clean Development Mechanism projects under the Kyoto Protocol. The firm was also part of a consortium for the feasibility, design and implementation of a regional climate change programme in Southern Africa. The firm continues to play an active part in developing conservation and biodiversity legislation. Drawing from experience gained in other countries, the firm's attorneys commented, and participated in discussions in various fora, on different drafts of the Protected Areas and Biodiversity Bills. Since the enactment of this legislation, the firm has also provided advice to organs of state, NGOs and private sector clients on the possible implications of this legislation for their activities and the rights, duties and responsibilities flowing from it. The firm has conducted a review of the law and policy relating to large predators for an animal welfare interest group and has made recommendations regarding legal reform in this area. C&A is experienced in conducting pre-acquisition environmental due diligence audits for major corporations operating in various sectors, based locally and abroad. It has acted for both purchasers and sellers, advising on environmental liability and drafting environmental warranties. ^ top Environmental impact assessment & heritage impact assessment Since the identification of listed activities and the implementation of the environmental impact assessment regulations under the Environment Conservation Act, the National Environmental Management Act and national and provincial heritage impact assessment legislation, C&A has advised numerous clients, including public interest groups and residents associations, on compliance with all aspects of the legislation. The firm has acted for a range of clients applying for authorisation or participating in an application process as interested and affected parties. C&A attorneys have extensive experience in advising on and drafting administrative appeals as well as instituting review applications, in relation to authorisations under the Environment Conservation Act, the National Environmental Management Act and heritage legislation. The practice of environmental law is closely linked with the fundamental human rights of access to information and just administrative action, which are important mechanisms for achieving environmental justice. These fundamental rights have been expanded under the Promotion of Access to Information Act and the Promotion of Administrative Justice Act. The firm has developed considerable expertise in applying these rights and, in 2002, C&A successfully litigated against the Department of Agriculture in order to obtain information relating to the general release and field trials of genetically modified organisms in South Africa. Environmental management systems The firm regularly assists clients with compliance with the legal aspects of ISO14001. For some of its corporate clients, C&A provides a regular updating service in terms of which the impact of recent national, provincial and local legislation on a particular client’s activities or premises is identified and reported upon. The firm has expertise in all aspects of forestry law, including the rights and obligations of owners of commercial plantations and indigenous forests. Lawyers in the firm drafted the SADC Forestry Protocol and are familiar with forestry issues and concerns in other SADC countries. They also prepared the legal register and advised on the legal aspects of the environmental management system of a large commercial forestry operation. C&A provides specialist advice on heritage issues and authorisations under heritage legislation. It has also represented the Cape Institute of Architecture in appeal proceedings before the National Heritage Council to ensure the protection of the heritage integrity of the Boschendal Estate. C&A regularly assist clients in obtaining the requisite land use planning authorisations as well as appealing and reviewing decisions made under land use planning legislation. This includes legislation applicable in the provinces of the Western Cape, KwaZulu-Natal, Free State, Limpopo, Northern Cape and North West. Considerable expertise has been developed in appealing or reviewing decisions made under the numerous land-use planning ordinances and the Development Facilitation Act. The firm’s attorneys have advised on a wide range of matters relating to marine living resources, including the development of monitoring, control and surveillance systems to prevent illegal and unreported fishing in the waters of SADC countries. Ongoing support and training is also provided to government officials and NGOs concerning subsistence fishing and marine protected areas. C&A also has considerable expertise in the laws regulating estuaries, the admiralty reserve and fishing rights. Several of the C&A attorneys were involved in drafting national Integrated Coastal Zone Management legislation and the firm provides ongoing advice and consulting services to the Department of Environmental Affairs and Tourism: Marine and Coastal Management. C&A provides clients with a range of advice in relation to mining and the environment. This includes advice on the environmental implications of exercising mineral rights under the old Minerals Act and the implications of the Mineral and Petroleum Resources Development Act for those rights as well as the new regulatory system for environmental protection imposed by the latter Act. The firm also advises on all aspects of the laws that regulate environmental impacts associated with mining activities. The firm is increasingly being asked to provide opinions and advice on the possible liability which may arise as a result of environmental degradation caused by mining activities. The firm’s lawyers are also advising a project that aims to develop a new conservation-based regional economic hub on post-mining land in Namaqualand. Pollution control & waste management The firm advises on all compliance and liability issues, including personal liability, posed by pollution and waste. In assisting with compliance the firm routinely prepares environmental legal registers that address the specific needs of its clients. The firm advises municipalities on all aspects of waste disposal law. In 2004, attorneys of the firm were appointed as leaders of a team tasked with drafting integrated waste prevention and management legislation for the KwaZulu-Natal province. Remediation of contaminated land The firm advises clients on the sale, purchase and management of contaminated land including land contaminated by asbestos. This includes advice on the potential liability of companies and their directors as well as cost recovery measures. Water C&A regularly advises clients on all aspects of water law and policy. This includes advice regarding the status of water rights acquired under the Water Act and the effect of the commencement of its successor, the National Water Act, on those rights. It also covers advice on the circumstances in which clients have to apply for registration of their water use, whether their activities fall within general authorisations published under the National Water Act, the regulation of marine outfall pipelines, other aspects of effluent discharge and the legal provisions governing wetlands and desalination. |
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