© 2019 by AsH3Konzult.

ADVISORY

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Energy is a highly-regulated sector. Navigating the complex regulatory framework requires in-depth knowledge of the governing legislation, the regulations promulgated thereunder,  the several master plans that guide implementation, the policy that informs and drives them, and the procurement processes that are initiated in terms of them.

Having detailed knowledge of the frameworks governing  in South Africa, Swaziland, Namibia, Botswana, Zimbabwe, and Zambia, we advise continually on regulatory and compliance issues arising in the energy sector across the region.

Our advice and assistance traverses the full spectrum of possible issues, including advice on regulatory compliance, assisting with the procurement of consents, permits, and authorizations, engagement with responsible authorities to surmount regulatory obstacles, making representations on draft legislation and regulations, formulating memoranda on proposed policy, and supporting clients in compliance with procurement processes.

Our advisory work has encompassed the entire energy sector - coal, petroleum, gas, renewable energy, and nuclear.

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Our specific past experience includes:

- Continuously advising the South African operation of an international oil company as to compliance with the entire regulatory framework governing the South African liquid fuels sector.

- Advising an international LPG trader regarding the regulatory framework governing the import of LPG (notably the ITAC import permit requirements as informed by the Department of Energy Guidelines), and compliance with NERSA licensing requirements for the storage and reticulation of imported product.

- Advising a client on the nuclear damage liability framework under South African law, pursuant to its intended participation in the mooted procurement of new nuclear-powered generation capacity.

- Advising a client on the domestic and international regulatory framework pertaining to the export of yellow cake and uranium, and the compliance requirements to be met.

- Advising and assisting a client in the procurement of the water use licences, grid connection authorizations, and generation licences required for its series of small hydropower facilities under development in the Eastern Cape.

- Assisting a client in formulating comments on the proposed revision of the South African Generation Licence Exemption Regulations.

- Legal work-stream lead in a multi-disciplinary formulation of a memorandum regarding the possible reform of the South African electricity sector, prepared for a confidential client for the purposes of further informing and guiding the current restructuring debate.

- Advising a client on the Zambian regulatory framework governing the operation of a coal-fired power station project proposed to be acquired and implemented in Zambia. 

- Advising and assisting a client in applying for and procuring requisite consents under the Mineral & Petroleum Resources Development Act and the Subdivision of Agricultural Land Act in respect of its biomass-to-energy facility presently under development under the South African Renewable Energy IPP Procurement Programme.

- Advising and supporting several clients in the formulation and submission of bids in respect of 4 onshore wind projects and 4 solar PV projects in the third round of the South African Renewable Energy IPP Procurement Programme, and 2 solar PV projects and a biomass-to-energy project in the fourth round of the same programme.

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