Lili Nupen

(Director) - Mining and Environmental Law

Lili advises clients on all regulatory compliance aspects arising from applicable mining and environmental legislation, including –

  • Mining Charter compliance;
  • Compliance with the provisions and obligations contained in the Mineral and Petroleum Resources Development Act, 28 of 2002 (MPRDA);
  • Compliance with all mine health and safety obligations;
  • Compliance with environmental legislation including water, waste and general environmental law obligations, land use planning and rezoning as well as any consequences arising from the introduction of the “One Environmental System”.

Lili specifically reviews, assesses and advises on the following aspects of a transaction:

  • regulatory consents and approvals and any amendments required to such consents;
  • reviewing exposure to liability in terms of directives issued in terms of the National Environmental Management Act, 107 of 1998 (NEMA), the MPRDA, the Mine Health and Safety Act, 29 of 1996 (MHSA) and the National Water Act, 36 of 1998 (NWA);
  • appealing and/or reviewing unlawful administrative decisions taken in terms of NEMA, the MPRDA, the MHSA and the NWA to the applicable regulatory body or court;
  • assisting mining companies with the upliftment of unlawful instructions issued by the inspectorate in terms of section 54 and/or section 55 of the MHSA;
  • advising on and drafting contractor agreements;
  • advising on structuring of a transaction to ensure compliance with the applicable Mining Charter;
  • preparing various legal opinions in terms of, inter alia, the MPRDA, Mining Charter, the MHSA, applicable environmental legislation, zoning requirements and financial provision regulations;
  • drafting of section 11 applications, section 102 applications and section 43 (transfer or environmental liability) applications;
  • advising clients in relation to the process to access properties which form part of the prospecting right or mining right area (section 54 of the MPRDA);
  • advising clients on obtaining approval from the Department of Mineral Resources in terms of section 53 of the MPRDA for the undertaking of any activity on the surface of land which may impact the objects of the MPRDA, including, for example, the development of solar energy projects and township developments;
  • advising on and assisting solar projects obtain the requisite approvals for the purposes of commencing with operations;
  • advising clients and assisting with closure obligations;
  • advising clients on the payment of royalties in accordance with the provisions of the Royalties Mineral and Petroleum Resources Royalty Act, 28 of 2008 and the Royalties Mineral and Petroleum Resources Royalty (Administration) Act, 29 of 2008;
  • advising clients on and assisting clients in determining whether there are land claims in respect of properties;
  • advising clients on the civil and criminal liability of directors, in their personal capacities, for the failure of a company to comply with environmental legislation;
  • drafting of due diligence reports and title opinions for clients for, inter alia, the obtaining and/or acquisition and/or the disposal of rights granted in terms of the MPRDA.

She has practical experience working on transactions involving both international and South African mining and exploration companies throughout South Africa and Africa.