Field of Practice
Apart from the services of an Environmental Lawyer and a Practicing Attorney we employ an Environmental Practitioner to assist during compliance audits to ensure technical review of specialist reports, records and monitoring results.
Depending on the nature of the project, specific specialists / scientists can be sub-contracted at the behest of the client.
Our services currently cover Environmental, Employment as well as Health and Safety Law. We serve both Mining and Industry and our client base ranges from Multi-National Companies to small specialized operations providing products and/or equipment to a niche market.
General Legal Compliance Audits – Environment, Health & Safety and Employment Law
We undertake Legal Compliance Audits in respect of all the aforesaid disciplines. In some instances separate legal audits are conducted on Environmental or Employment or Health and Safety Legal Compliance. In other instances clients prefer combined audits in respect of all three disciplines simultaneously to limit costs and the time spent on legal auditing in the course of a year.
To save time and costs, general compliance audits can be combined with any of the external compliance audits referred to below.
Specialized External Compliance Audits
Environmental Authorisations (EA’s), Environmental Management Programmes (EMPr’s) and Closure Plans issued in terms of the National Environmental Management Act, 1998 (or EMPr’s authorised under the Mineral and Petroleum Resources Development Act, 2002) must be audited by an “independent person” with relevant environmental auditing expertise and the results disclosed to the competent authority and the public, depending on the Authorisation. The EA and EMPr will indicate the frequency of the external audits, if not, the frequency of the audits may not exceed 5 years (applicable to EA’s issued after 4 December 2014).
Integrated Water Use Licences (IWUL’s) issued under the National Water Act, 1998, Waste Management Licences (WML’s) issued under the National Environmental Management: Waste Act, 2008 and Atmospheric Emission Licences (AEL’s) issued under the National Environmental Management: Air Quality Act, 2004, must also be audited “externally” on intervals prescribed in the authorisation and External Audit Reports submitted to the relevant Government Departments. Failure to conduct the external compliance audits on EA’s, EMPr’s, IWUL’s, WML’s and AEL’s also constitutes offence with penalties ranging from R 5 million to R 10 million (first and second offence). Apart from the said penalties, companies also run to risk of Authorisations being withdrawn.
Environmental Legal Services’ compliance auditing services includes the conducting of External Compliance Audits on any of the following –
- EA and EMPr’s under the National Environmental Management Act, 1998;
- IWUL’s under the National Water Act, 1998;
- WML’s under the National Environmental Management: Waste Act, 2008;
- AEL’s under the National Environmental Management: Air Quality Act, 2004;
- Environmental Legal Compliance Audits (all environmental laws);
- GN 704 of 4 June 1999 – Regulations on use of water for mining and related activities aimed at the protection of water resources Compliance Audits; and
- Waste Management Compliance Audits.
The above can be combined to save time and costs.
Part time on site services
It is not always viable for an organization to appoint environmental officers on a permanent basis to assist the Environmental or HSE Manager with his/her duties on site, including the duties in terms of the said Environmental Authorisations. To assist companies with fulfilling these legal obligations, we provide internal auditing and management services on a part time basis. This saves organizations the cost of having to appoint a full time environmental officer.
Audits and Inspections will be conducted by an Environmental Practitioner with extensive knowledge and experience in legal compliance auditing. The Environmental Practitioner is supported by experienced Environmental Lawyers to ensure correct interpretation and application of the complex legal technical principles and requirements.
The services can include conducting the internal audits on any of the above Authorisations, developing action plans or road maps on the legal non-conformances and tracking progress on compliance. The services can also be extended to include monthly environmental inspections in terms of the Environmental Management System (EMS).
Waste Assessments
Environmental legislation on Waste Management has changed significantly over the last few years, placing strict obligations on generators, managers and transporters of waste. To ensure compliance with the new strict requirements, we conduct full waste management assessments. A detailed waste assessment as a minimum include –
- A review of legal compliance to the National Environmental Management: Waste Act, 2008 and its applicable regulations and norms and standards;
- A determination as to whether a waste management licence as per the National Environmental Management: Waste Act, 2008 is required;
- A review of the following as required in terms of GN R634 of 23 August 2013 – Waste Classification and Management Regulations –
- origin of the waste streams;
- current disposal methods;
- current waste classification and assessment prior to disposal to landfill;
- safety data sheets;
- waste manifest system;
- labelling of containers;
- records on waste generation and management;
- temporary storage practices – on site legal requirements;
- waste contractor management;
- mine residue deposit and stockpile management under the waste legislation; and
- obligations on the generator and holder of waste.
Current Demand: Waste Classification
From time to time clients’ face specific challenges following amendments or new legislation. Assistance with waste classification as required by the 2013 amendments to the National Environmental Management: Waste Act, 2008 is an example of recent needs.
Legal Registers (Environmental, Health & Safety and Employment Law)
Legal Registers:
We have implemented a web based system which allows for the development of mine or site specific legal registers. The registers are also available in Word format should clients prefer that format. The applicable National, Provincial or Local legislation is reflected in the Registers which are supplemented with a compliance or implementation programme to assist clients in achieving legal compliance. Subscription fees vary according to the size of the operation, range of applicable legislation and the number of our products or services made use of.
As the same persons are often tasked with Environmental as well as Health and Safety Legal compliance the current trend is to make use of both types of registers as they have the same format. We have also been requested to include selected Employment legislation (In particular Codes of Good Practice, dismissal procedures, strike rules and Basic Conditions of Employment in our Health & Safety Legal Registers).
Legal Risk Registers: (Add-on to the Legal Registers)
This compliance document comprises of the development of a site or mine specific compliance legal register with the addition of an integrated system.
A table is created which reflects the environmental legal aspect, the area or location of applicability, the environmental legal requirements applicable to the environmental legal aspect as per national, provincial and local legislation (hyperlink to the environmental legal register as in 3.1 above), the company specific environmental authorizations (with linking to the specific permit, ROD, EIA etc.), the compliance status as per the environmental legal compliance audits done (hyperlinking to the actual environmental legal compliance report) and reference to the Environmental Management Program (with linking to the specific EMP). This system provides integration between the environmental legal aspect and the environmental legal requirements that need to be complied with.
National, provincial as well as local by-laws are included and the registers are updated continuously.
Part of this system includes a company specific Authorization Register. All authorizations, EA’s, IWUL’s, WML’s and AEL’s are reference with reminders on expiry dates. Reminders are sent to the Company by e-mail on the expiry dates in advance.
Newsletters
Regular newsletters are circulated to allow our clients to stay abreast of developments in the various legal disciplines covered by our services. Newsletters are also used to advise clients in respect of developments that require urgent attention such as draft legislation published for comment. New case law is also addressed when available.
Specific Legal Training
Our clients prefer on site legal training that is developed to suit the client’s specific needs. In some instances courses or workshops cover all the relevant legislative requirements. In other instances our services are retained to address specific aspects and/or the latest legislative developments. Photographs taken during audits are included in the training modules upon request, to assist employees with the interpretation of their legal responsibilities. We are also requested to provide briefings on draft or imminent legislation to ensure that strategic planning is in place prior to commencement.
Corporate Standards and Strategic Planning
We have been involved in the development of corporate standards, codes and procedures based on environmental, health & safety and employment law, to assist employers in establishing guidelines for a Company or Group of Companies as a whole. We are also involved in strategic planning sessions in the course of which challenges and non-conformances are identified, corrective actions and controls are discussed and strategies developed to ensure conformity and legal compliance within the Group or Company.
Consolidated Compliance Programmes
Some companies have been issued with various Environmental Authorizations some of which contain contradictory, overlapping, unreasonable and/or irrelevant conditions. Our assistance has been required to develop a Consolidated Compliance Programme. All the legal requirements are consolidated into one document and compliance programmes are developed for each subject in need of attention. Reference is made to the applicable condition in the authorization to ensure that the specific condition is readily available.
Consultations and Legal Opinions
We are consulted on a wide range of topics in the Environmental, Employment as well as Health & Safety fields and we provide formal legal opinions where interpretation or the manner of compliance is unclear or in dispute. We are also involved in risk management and the identification of various scenarios and options available to a company in respect of anticipated projects or actions or in respect of existing conditions requiring immediate rectification. These services are available at an agreed hourly rate.
Management Systems – ISO 14001:2004, ISO 14001:2015, OHSAS 18001:2008, ISO 45001:2017
With a full time SHE practitioner in our service and our extensive knowledge of SHE law, we are able to assist your organization with the following services relating to management systems based on ISO 14001:2015 and OHSAS 18001:2008.
Aspect and Impact and HIRA Registers
Web based Aspect and Impact and HIRA Registers
To assist our clients in complying with the requirements of ISO 14001:2004, ISO 14001:2015, OHSAS 18001:2008 and ISO 45001:2017, we develop web based Aspect and Impact and HIRA Registers which link to our web based Environmental and Health and Safety Legal Registers. The web based Aspect and Impact and HIRA Registers are specifically developed to be client and site specific.
The salient features of our web based Registers include:
- The Aspect and HIRA Registers can be edited on line by the client
- New aspects or hazards can be added or removed anywhere in the document by the client
- Continuous updating of the legal references
- E-mail notifications to Environmental Legal Services informing us that a change has been made to the Registers ensuring prompt updating of legal references
- E-mail notifications to the client when legal references are updated
- Full history of all previous revisions to the Registers
- Excel exportable and printable
- Document control requirements of ISO 14001:2004, ISO 14001:2015, OHSAS 18001:2008, ISO 45001:2017 are complied with
- Authorizations such as Licenses, Permits, Registrations and Exemptions can be hyperlinked to the Registers
- The status of compliance to compliance obligations can also be hyperlinked to the Register
Excel Aspect and Impact and HIRA Registers
We also develop Excel format Aspect and Impact and HIRA Registers to comply with the requirements of ISO 14001:2004, ISO 14001:2015, OHSAS 18001:2008 and ISO 45001:2017.
Procedures and Action plans
We develop and assist with the development of procedures and action plans required by ISO 14001:2004, ISO 14001:2015, OHSA 18001:2008 and ISO 45001:2017 standards.
Costs and fees
Costs and fees are negotiable depending upon the number of products or services required, the size of the operation and the applicable legislation.