PROJECT LAND RIGHTS
Secure rights over the project site are fundamental to the development of any project.
We assist clients in establishing appropriate rights for project sites in respect of projects developed on both industrial- and agricultural land. Typically these first entail options pending project approval or financial close, followed by leases and/or servitudes.
We are experienced in formulating, negotiating, and concluding long term lease agreements, servitude agreements, and wayleaves, and the options to secure these rights.
In the South African context, we further assist clients in the formulation and successful prosecution of applications for relevant consents such as required in terms of the Mineral & Petroleum Resources Development Act and the Subdivision of Agricultural Land Act.
Where such rights are to be formally registered with an authority such as any of the Deeds Registry Offices in South Africa, this requires the involvement of a qualified notary and conveyancer.
Our specific past experience includes:
- Formulating, negotiating, and concluding the requisite options and associated template Servitude Agreements for the project land rights for 8 small hydropower projects to be developed alongside the Orange-Fish-Sundays River Water Schemes in the Eastern Cape, South Africa.
- Formulating, negotiating, and concluding a long term Notarial Lease of the project site in respect of an embedded biowaste-to-energy pyrolysis plant to be developed on the host industrial site.
- Formulating, negotiating, and concluding the requisite option and associated long term Notarial Lease and Servitudes in respect of the project site for a major biomass-to-energy facility in development on the host industrial site, formulating and successfully prosecuting the MPRDA consent application for the project, and assisting with the formulation and successful prosecution of the SALA consent application.
- Advising the South African operation of an international oil company regarding pipeline servitudes required in several South African ports.