COVERING ALL BASES - JSE MAGAZINE

COVERING ALL BASES

Hogan Lovells – Africa’s fully integrated, multidisciplinary mining and natural resources legal team

Change is happening faster than ever – to stay ahead, you need to anticipate the unexpected. Legal challenges come from all directions. Hogan Lovells understands this and will work with you to solve the toughest legal issues in major industries and commercial centres around the world. Whether you’re expanding into new markets, considering capital from new sources, or dealing with increasingly complex regulations or disputes, we can help. And whether change brings opportunity, risk, or disruption, be ready by working with Hogan Lovells.

Straight talking. Understanding and solving the problem before it becomes one. Delivering clear and practical advice that gets your job done. Hogan Lovells offers extensive experience and insights gained from working in some of the world’s most complex legal environments and markets for corporations, financial institutions and governments. We will help you identify and mitigate risk and make the most of opportunities. Our 2 500 lawyers on six continents provide practical legal solutions, wherever your work takes you.

A fast-changing and interconnected world requires fresh thinking combined with proven experience. That’s what we provide. Progress starts with ideas – and while imagination helps at every level, our legal solutions are aligned with your business strategy. Our experience in cross-border and emerging economies gives us the market perspective to be your global partner. We believe that when knowledge travels, opportunities arise.

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Our team has a wide range of backgrounds, resulting in diverse experience that delivers a broader perspective. Ultimately, this makes for more rounded thinking and better answers for you.

Giving back to communities and society is fundamental to good business, and part of our core. We are advocates of justice, equality, and opportunity. Everyone at Hogan Lovells is asked to volunteer at least 25 hours a year as part of their normal work duties. Around the world, our people are making a difference through pro bono activities, community investment and social justice.

There are myriad reasons why Hogan Lovells should be your firm of choice:

  • Deep understanding of your issues.
  • Straight talking and practical problem solving.
  • Strong relationships in addition to a collaborative approach.

Hogan Lovells is a Tier 1 top 10 global law firm with more than 45 offices worldwide. We offer comprehensive areas of expertise, including the following:

Health and safety
Our team includes health and safety practitioners within the mining, construction and engineering industries. Our service offerings include advice in relation to compliance with health and safety laws, implementation of appropriate structures in support of the legislation, drafting of letters of appointment, codes of practice, standards, procedures and instructions, representation at investigations and inquiries, compliance training, compliance auditing, and representation at inquests and criminal trials that may be a result of incidents or accidents. We regularly help clients address regulatory intervention and responses to compliance and other notices.

Environmental
Compliance with environmental laws is becoming increasingly complex. Our team members have extensive experience in both practical implementation and policy development. Our services include conducting environmental due diligence, which forms a critical component of most commercial transactions, advice in relation to and preparation of environmental authorisation and permit applications, advice regarding all aspects of water use, including licensing, establishment of water-user associations, negotiating and concluding agreements to source water and all administrative and other litigation associated with challenges to water use licences (appeals, reviews and administrative challenges).

SA has introduced various environmental laws that address a wide range of activities, often stipulating their own authorisation and permit requirements. As a result, most mining projects require numerous authorisations, permits, licences or exemptions before any of the activities may commence. The team is able to assist clients by advising on the applicable legislation, preparing applications, and facilitating interaction with the regulators to facilitate the process.

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The mining industry is also faced with rigorous compliance requirements in relation to waste law, which may lead to liability for waste disposal and pollution for corporate entities’ and directors’ personal liability. The team is able to advise clients on disposal of waste, recycling and reuse, storage and transportation, waste management, land contamination, waste handling, occupational safety and waste, waste reduction, permits, licences and authorisations. The team regularly represents clients in environmental litigation matters.

Commercial
Our team is experienced in all aspects of mining, construction and engineering related transactions. We have advised on significant transactions involving both local and international mining, construction and engineering companies, including equity capital raising, debt capital raising, mergers and acquisitions (including BBBEE transactions in the mining, construction and engineering sectors), as well as contracts specific to the mining, construction and engineering sectors.

Employment law
While employment laws are often generic, the application thereof to the mining, construction and engineering industries requires a unique approach, taking into account the specific requirements of these sectors. The team is able to offer a unique service as a result of in-depth knowledge of the industries, and the applicable employment laws.

Regulatory
Hogan Lovells has extensive experience in all aspects of regulatory compliance and, based on our relationships with the regulators, we are able to facilitate positive engagements. The team provides a range of services including advice in relation to and applications for prospecting rights, mining rights and mining permits, and all related documents such as prospecting work programmes, mining work programmes, social and labour plans, environmental management plans and programmes, advice in relation to compliance with the Mining Charter and preparation of all related documents, compliance auditing, and assistance in response to regulatory compliance and other notices.

Criminal law
As a natural consequence of the extensive compliance requirements facing the mining, construction and engineering industries, the team represents corporate clients and senior management in criminal prosecutions. Other expertise includes dispute resolution, compliance auditing and administrative law.

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22 Fredman Drive, Sandton,
Johannesburg, 2196, SA
Tel: +27 (0)11 286 6900,
Fax: +27 (0)11 286 6901
www.hoganlovells.com