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(Ongoing) ERPA Advice:
Advising on, negotiating and drafting numerous Emissions Reductions Purchase Agreements (ERPAs) from a wide range of greenhouse gas mitigation project activities and programmes, located in various sectors from waste management to forestry. ERPAs are commercial contracts for the purchase and sale of carbon credits/offsets generated by greenhouse gas mitigation project activities and programmes, e.g., Certified Emissions Reductions under the Clean Development Mechanism and Verified Carbon Units under the Verified Carbon Standard. Assignments have been undertaken for, both, sellers and purchasers of carbon credits/offsets, including municipalities, private sector entities and Development Finance Institutions (DFIs), and have encompassed our providing carbon market and carbon finance strategic and practical advice and designing and implementing tender processes to identify appropriate purchasers. A detailed list of carbon deals is available, on request.
2014 - 2017 (Ongoing) Carbon Tax Advice:
Provision of expert advice to various clients on the design and implementation of the South African carbon tax, including advice to various affected industries on the anticipated impacts of the tax and submissions to the National Treasury. Ongoing legal advice on the evolving importance of national and regional carbon pricing initiatives.
2016 - 2017 Climate Change Legislative Drafting:
Department of Environmental Affairs (DEA) and Deutsche Gesellschaft fur Internationale Zusammenarbeit (GIZ): working with DEA’s Climate Change and Air Quality Directorate and internal legal advisors to draft national climate change legislative options, encompassing mitigation and adaptation considerations, and in light of South Africa’s participation in the international climate change legal regime. The assignment entailed our: advising on climate change legislative options in other jurisdictions and on the implications of the South African environmental legal regime for the operation and administration of a climate change statute; formulating the content of the proposed legislation in discussion with the DEA; developing a series of draft statutes; drafting an options paper and a discussion document analyzing and advising on the varying implications of different legislative mechanisms; undertaking a socio-economic impact assessment of the likely consequences of the proposed legislation; advising on the most effective means of ensuring cross-sectoral application of the proposed legislation (in light of the South African constitutional context); and, providing various written legal opinions and oral advice relevant to the assignment.
2016 - 2017 Water Laws Harmonisation Project:
Zambezi Watercourse Commission: advisor to the Zambezi Watercourse Commission in relation to integration of regional laws and policies of eight riparian states of the Zambezi river with a view to achieving water security, with a focus on energy development and climate change in the region.
2016 - 2017 Carbon Market and Certified Emissions Reductions (CERs) Transactional Advisors:
Omnia Fertilisers Limited – Transactional advice on Emissions Reduction Purchase Agreement (ERPA) for the purchase and sale of CERs generated by Omnia’s CDM project activities, including advising Omnia on carbon market dynamics, CER pricing, the specifics of the deal and negotiating and drafting elements of the ERPA, as between Omnia (seller of CERs) and WeAct International (buyer of CERs).
2016 - 2017 Feasibility Study for Alternative Waste Management:
Ekurhuleni Metropolitan Municipality (EMM): legal advisors within a multi-disciplinary team providing strategic advice to EMM in relation to alternative waste management strategies, including: identification of authorisation requirements relevant for the specific projects; and, strategic carbon financial legal advice pertaining to accessing carbon finance to support project implementation.
2016 - 2017 Feasibility Study for Private Sector Energy Sales in South Africa:
United States Trade and Development Agency (donor funder), Mott MacDonald International (Washington office) and Solar Reserve South Africa (Pty) Ltd. –legal, financial and technical feasibility study to development recommendations on how Solar Reserve might achieve the objective of generating and selling solar power to municipalities and the private sector. This project relates directly to the Feasibility Study for Deregulation of the South Africa Energy Sector, and many of the activities required within the scope of that project were relevant for this assignment. This project also entailed an analysis of the evolving carbon and carbon tax markets and evolving legal regimes and drafting legal opinions on how carbon finance might be accessed to support Solar Reserve’s objectives.
2016 Feasibility Study for Deregulation of the South Africa Energy Sector:
British Foreign and Commonwealth Office and Promethium Carbon (Pty) Ltd: climate change, carbon and energy legal advisors on a project aimed at identifying mechanisms that would facilitate the deregulation of the local South African energy sector. This project included our advising on the first demonstration trade of carbon offsets using the electronic platform offered by the Johannesburg Stock Exchange.
2016 - 2017 Carbon Offsets Advice:
Eskom SOC Ltd - advising Eskom (the South African national power utility) on: the ownership of carbon offsets generated by projects implemented under the Renewable Energy Independent Power Producer Procurement Programme; and, the consequences of ownership of such offsets for, and potential for use of such offsets to reduce, Eskom’s anticipated liability for carbon tax.
2014 National Oil and Gas Policy for Uganda:
Department of Energy and Mineral Development (Uganda) – drafting the environmental legal component of the National Oil and Gas Policy for Uganda (April 2014), taking into account the requirements of Uganda’s constitutional, administrative, environmental and waste disposal legal regimes.
2014 Sustainable Mining Framework: Eskom SOC Ltd:
development of a sustainable mining framework using existing best practice guidelines and a set of legal requirements applicable to Eskom’s suppliers of coal in the Waterberg, including advising on appropriate contractual mechanisms to implement best practice.
2015 Carbon Markets and Contracting Training project:
Law Society of Uganda - leading a team of lawyers to devise and implement training aimed at providing practical carbon markets legal training for Ugandan lawyers with a focus on accessing carbon markets support for the implementation of renewable energy projects. This work was shortlisted in the environmental category for the African Legal Awards 2015.
2015 Carbon Finance Advice:
Advising SUNenergy (Pty) Ltd. – a South African private sector solar company – on the utilisation of carbon finance to support the development of their business model and hardware sales, including strategic carbon financial advice and guidance on mitigation project implementation.
2013 - 2015 Climate Change Law and Policy Harmonisation Project:
Department of Environmental Affairs and GIZ –climate change policy and legal advisors on the first and second phases of the development of South Africa’s Long Term Adaptation Strategy, with a focus on achieving sectoral policy and regulatory alignment, in collaboration with the South African National Biodiversity Institute.
2015 Advice on the International Climate Change Legal Regime:
Business Unity South Africa – legal advice, provided prior to UNFCCC COP21, on the scope and legal nature of South Africa’s (then) existing and potentially future legal obligations pursuant to the international climate change legal regime – as delimited by the UNFCCC, Kyoto Protocol, UNFCCC Decisions and as anticipated to evolve in light of the (then) expected outcome of COP22 (which gave new direction and impetus to the international climate change response, in the form of the Paris Agreement), in the context of South Africa’s Intended Nationally Determined Contribution (INDC – now the NDC).
2013 Waste Management Advice:
Heineken Ltd. (Uganda) – advising on, and running, litigation launched against Heineken, in terms of Uganda’s constitutional, administrative, environmental and waste disposal legal regimes, aimed at compelling the company to ensure appropriate collection, reuse and recycling of the bottles and cans in which beverage products are sold.
2013 Energy Efficiency Advice:
Advisor to Adamas Attorneys, Paris, France, regarding South Africa’s policy and legal regime applicable energy efficiency and renewable energy programmes.
2010 Carbon Capture and Storage:
South African Centre for Carbon Capture and Storage (SACCCS - the lead government agency for Carbon Capture and Storage [CCS]) - climate change, carbon markets and environmental legal advisor on four feasibility studies for the implementation of CCS projects in South Africa. The studies considered different aspects of the CCS project cycle and value chain and, variously, included: determining the meaning of the term “CCS capture readiness” in the context of South African climate change and environmental law and policy; describing the environmental legal regime applicable to CCS, including analyzing CCS technical specifications and determining the authorization scheme required for successful project implementation; and, working in multi-disciplinary teams to conduct two fully articulated feasibility studies (covering legal [our responsibility], technical and project financial aspects) for the development of SACCCS’s proposed CCS demonstration project. Funders of the assignments included the World Bank and by EuropeAid.
2009 - 2010 Regional Climate Change Programme:
British Foreign and Commonwealth Office - multi-disciplinary support and capacity-building project for the African Group of Negotiators (AGN) to the international climate change negotiations, in the approach to, and following, UNFCCC COP15, held in Copenhagen, Denmark, November and December 2009: · Climate change legal team leader, including to devise capacity-building and training programmes and materials for delivery to AGN negotiators.
· Presented, delivered and facilitated capacity-building and training to AGN negotiators.
· Researched and drafted analytical papers on specific aspects of the climate change negotiations, prior to and following COP15, which addressed issues of particular importance to the AGN, e.g., the significance of the Copenhagen Accord to the future of the negotiations and the AGN position.
· Worked with multi-disciplinary team to deliver the over-arching programme deliverables.
2009 - 2010 CDM and Income Tax Act Advice:
Advising the South African National Treasury on section 12K of the Income Tax Act, which provides for tax exemption on income generated, by private sector CDM project developers, from sales of CERs generated by project activities located in the country, including providing training to Treasury’s Tax Policy Unit on the CDM project cycle and value chain, and input into drafting appropriate legislative provisions.
2005 - 2008 CDM Advice:
DANIDA and the Royal Danish Embassy, Pretoria: external legal counsel to the South African Designated National Authority for the CDM, providing drawn-down and ad hoc climate change, carbon market, environmental, procurement and administrative legal support across the DNA’s operations.
2003 - 2012 Durban Landfill Gas to Power Generation Clean Development Mechanism (CDM) Project:
eThekwini Municipality:
· External environmental, climate change and carbon markets legal counsel to the eThekwini Municipality, which owns and operates the Project.
· Responsibility for all aspects of environmental, climate change and carbon markets law as these pertained to the Project from feasibility to beyond commissioning and full operation.
· Identification of the full suite of authorisation requirements for the Project, including environmental and CDM-related authorisations and compliance considerations, and procurement issues arising from the operation of the Municipal Finance Management Act and the Supply Chain Management Regulations.
· Running tender processes to secure buyers of Certified Emissions Reductions and drafting and negotiating appropriate Emission Reductions Purchase Agreements.
2003 - 2008 CDM Programme - Climate Change and Carbon Markets Advice:
Danida and the Royal Danish Embassy, Pretoria - Climate change and carbon markets strategic legal advice, and working with multi-disciplinary team to identify and implement CDM power projects, including renewable energy and energy efficiency projects. Duties included identification of environmental and other authorisations and devising authorisation schemes. Special Advisor to the Danish Climate Change Attache for Africa (focused on providing advice to inform the Danish Presidency of UNFCCC COP15).
2003 CDM Capacity - Building Project for Developing Countries:
UNIDO –advising on, and drafting the country report for, the uptake of the CDM in South Africa. The country report analysed the context of, and potential for, significant and industrial-scale implementation of CDM project activities; and, described the full suite of climate change, carbon market, environmental, administrative (including the DNA’s process and requirements for sustainable development) and municipal procurement legal aspects of the CDM in South Africa; and, the assignment required our presenting the report to a panel of international carbon market experts, during a project feed-back workshop held at UN/UNIDO headquarters in Vienna, Austria.
2003 Biosphere Reserves:
Drafting the Western Cape Biosphere Reserve Bill for the provincial spatial planning department.