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  • Article

    Carbon Tax - Writing On The Wall?

    A renewed interest in the concept of carbon pricing was ignited by the publication of the "Discussion Paper for Public Comment Reducing Greenhouse Gas Emissions: The Carbon Tax Option" (the "Discussion Paper") published by the National Treasury in December 2010.
    South AfricaEnergy and Natural Resources
    ENS
    ENS
  • Article

    Georgia Federal Court Upholds Insurer's Reliance On Pollution Exclusion For Chemical Leak Fatality

    A Georgia-based contractor specialising in cooling system installations was sued after a maintenance worker died from exposure to leaking refrigerant gas at a facility where the contractor...
    South AfricaEnvironment
    Adams & Adams
    Adams & Adams
  • Article

    Declaration Of Greenhouse Gases As Priority Pollutants

    On 8 January 2016, the Minister of Environmental Affairs published the following draft regulations in the Government Gazette, calling for written representations or objections...
    South AfricaEnvironment
    ENS
    ENS
  • Article

    Justice In The Face Of "Deadly Air": What The Highveld Pollution Case Means For YOU

    The Supreme Court of Appeal ("SCA") delivered a landmark judgement on April 11 2025, in Minister of Environmental Affairs v Trustees for the Time Being of GroundWork Trust and Others...
    South AfricaEnvironment
    ENS
    ENS
  • Article

    Sellers Beware: Your Liability For Environmental Pollution Cannot Be On-Sold!

    It has often been the case that landowners seeking to sell property upon which environmental pollution occurs, have sought to protect their interests through contracts of sale and the passing on of liabilities associated with environmental statutory obligations to their purchasers.
    South AfricaEnvironment
    ENS
    ENS
  • Article

    ESG And The Risk Of Lender Liability For Environmental Harm

    Historically, lenders have been mainly concerned with the borrower's ability to service its debt and the indirect environmental risks, relating to existing liabilities and non-compliance of the borrower.
    South AfricaEnvironment
    ENS
    ENS
  • Article

    Draft Carbon Offsets Regulations Published For Comment

    The draft regulations have been widely anticipated by industries that will be subject to the carbon tax and the local carbon market.
    South AfricaTax
    ENS
    ENS
  • Article

    Pollution Prevention Plans And Declaration Of Greenhouse Gasses As Priority Pollutants

    In terms of section 29 of the National Environmental Management: Air Quality Act 39 of 2004, which provides for pollution prevention plans: "(1) the Minister of Environmental Affairs may by notice in the Gazette
    South AfricaEnvironment
    ENS
    ENS
  • Article

    Reversing Climate Change Starts At Home: The South African Carbon Tax And The Paris Agreement

    The Paris Agreement (the "Agreement") will be signed on Friday, 22 April 2016 in New York. This adds further impetus to the international response to climate change...
    South AfricaEnvironment
    ENS
    ENS
  • Article

    Liability Of Directors For Corporate Environmental Transgressions – A South African Case Study

    The risk environment for directors of companies that pollute is changing. In South Africa, a raft of recent prosecutions of directors and officers for corporate environmental transgressions bring into focus...
    South AfricaCorporate/Commercial Law
    Clyde & Co
    Clyde & Co
  • Article

    Contamination Of Land And The Potential Liability For Directors

    Proof of the offence by the firm constitutes prima facie evidence that the director is guilty.
    South AfricaEnvironment
    Dentons
    Dentons
  • Article

    Pollution Prevention Plans And Declaration Of Greenhouse Gasses As Priority Pollutants

    In terms of section 29 of the National Environmental Management: Air Quality Act 39 of 2004 ("NEMAQA"), which provides for pollution prevention plans: "(1) the Minister of Environmental Affairs (the "Minister") may by notice in the Gazette
    South AfricaEnvironment
    ENS
    ENS
  • Article

    A Runway To Nowhere

    This collection examines South Africa's evolving regulatory landscape across direct marketing compliance, government contract remedies, and textile waste regulation, while exploring constitutional interpretation in Ghana...
    South AfricaEnvironment
    ENS
    ENS
  • Article

    Environmental Law 2022

    The Constitution of the Republic of South Africa, 1996 (Constitution), which is the supreme law, enshrines the right of all South Africans to an environment that is not harmful to health or wellbeing...
    WorldwideEnvironment
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    South Africa's Climate Change Framework: A New Operating Reality For Mining

    South Africa's Climate Change Act, 2024, together with its supporting regulations, marks a fundamental shift in the legal landscape for high‑emitting sectors and mining is directly in scope.
    South AfricaEnergy and Natural Resources
    ENS
    ENS
  • Article

    Draft Carbon Tax Bill Published For Comment

    It is only with an appreciation of where and how it fits into broader macro-economic concerns that a proper understanding of the carbon tax can be formulated.
    South AfricaTax
    ENS
    ENS
  • Article

    Draft National Atmospheric Emissions Reporting Regulations

    The purpose of the draft Regulations is to regulate the reporting of data and information from identified point, non-point and mobile sources of atmospheric emissions.
    South AfricaEnvironment
    ENS
    ENS
  • Article

    Action Alert! The Majority Of The Provisions In The National Environmental Laws Amendment Act 2 Of 2022 Came Into Effect

    On 24 June 2022, the much-anticipated National Environmental Laws Amendment Act 2 of 2022 ("NEMLAA") was enacted after more than 5 years since it was introduced as a Bill to the National Assembly.
    South AfricaEnvironment
    Fasken
    Fasken
  • Article

    Paying The Price For Peace

    As the old adage goes, "The price for peace is paid upfront, that of quarrel afterwards."
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Landmark Ruling On Manufacturing Allowances For Waste Treatment Processes

    Enviroserv Waste Management (Pty) Ltd ("Enviroserv") appealed to the Supreme Court of Appeal against the tax court's decision to disallow manufacturing allowances claimed in terms...
    South AfricaEnvironment
    Andersen in South Africa
    Andersen in South Africa

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