Author: Dr Matthew Burnell We have recently come across decisions made by Regional Managers within South Africa’s Department of Mineral Resources (“DMR”) in terms of sections 24P (Financial provision for remediation of environmental damage) and 28 (Duty of Care) of the National Environmental Management Act (“NEMA”). The Regional Manager does not have the requisite authority … Read more
Authors: Stéphane Brabant, Bertrand Montembault, Paul Morton and Etienne Marque INTRODUCTION Senegal has been at the forefront of the emergence of the MSGBC basin (covering Mauritania, Senegal, the Gambia, Guinea-Bissau and Guinea-Conakry) in the global upstream industry. Accordingly, the new revision to the country’s petroleum legislation has been expected with anticipation. On 1 February 2019, … Read more
Authors: Peter Leon, Patrick Leyden, Ernst Müller and Michelle Mudzviti The Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018 (Mining Charter III or the Charter)1 came into force on Friday, 1 March 2019 – almost three years after the publication of the first draft.2 This brought to a close nearly three years … Read more
Author: Stephane Brabant and Etienne Marque THE CHANGING LANDSCAPE OF THE OIL AND GAS SECTOR The recent discoveries in the MSGBC basin (covering Mauritania, Senegal, the Gambia, Guinea-Bissau and Guinea-Conakry) have triggered a great deal of hope for the upstream industry, the host States and their populations. Indeed, the development of these fields could potentially contribute … Read more
Authors: Peter Leon, Olivier Binyingo, Paul Morton and Ernst Müller Since July 2017, the Government of Tanzania has introduced significant regulatory reforms to the mining industry (as well as the nascent upstream oil and gas industry). See our previous notes on these reforms here, here and here. Among the first of these changes was the enactment … Read more
Author: Peter Leon, Andrew Cannon, Iain Maxwell and Hannah Ambrose The last few months have seen significant changes to mining regulations in various African states, giving rise to a concern that a regional trend of resource nationalism may be (re-)emerging. In this context it is important for companies associated with the mining sector to be … Read more
Author: Peter Leon,Co-Chair of Africa Practice Group The seemingly increasing trend towards nationalist thinking, combined with and likely driven by growing economic inequality, has resulted in several changes in mining and tax legislation in sub-Saharan Africa countries. Herbert Smith Freehills Africa Group co-chair and partner Peter Leon says the recent and significant changes to mining regulations … Read more
