Lili Nupen

lili-sm

Lili is a director of Malan Scholes Inc. She was admitted as an attorney in 2008. Her areas of expertise are in mining and environmental law and litigation.

lnupen@malanscholes.co.za
+27 (0)10 020 5032
 

 

 

 

 

Qualifications:

  • BSocSci LLB
  • MBA (cum laude) dual qualification through Wits Business School and HEC (Paris)
  • Post-graduate certificate in Mining and Prospecting Law
  • Attorney of the High Court of South Africa

Recent Experience:

  • Reviewing and advising on the Mining Charter(s), including drafting and launching the application in the High Court of South Africa, Pretoria, to challenge the validity of the Charters (2016,2017).
  • Reviewing and advising on changes to environmental and mining legislation which has been promulgated in line with the “One Environmental System”, including the Financial Provision Regulations, 2015 published in terms of the National Environmental Management Act, 1998 (as amended).
  • Acted for numerous mining houses in review applications against decisions taken (or a failure to take a decision) by the regulators of mineral resources and water affairs, including decisions in respect of mining and prospecting right applications, section 11 applications and appeals.
  • Counsel for Barberton Mines (Pty) Ltd in a court application to obtain access to property which forms part of its prospecting right (2015, 2016, 2017).
  • Counsel for ERPM and DRDGold in the Silicosis class action (2015, 2016, 2017).
  • Advising Aquarius Platinum (SA) (Pty) Ltd on the application of the National Environmental Management: Waste Act, 58 of 2009 (as amended) to residue stockpiles and residue deposits (2016).
  • Advising on the application of the National Environmental Management: Waste Act, 58 of 2009 (as amended) to historic tailings disposal facilities.
  • Advising on the construction of developments on the surface of land which is subject to a Mining Right.
  • Lead counsel for Samancor Chrome Limited in a successful interdict application to prevent the development of a township on mineralised land in the North West (2016).
  • Advising on and assisting solar projects obtain the requisite approvals for the purposes of commencing with operations.
  • Drafting of numerous appeals in terms of the Mineral and Petroleum Resources Development Act, 28 of 2002 (as amended) and the National Environmental Management Act, 1998 and the National Environmental Management Act, 1998 and the National Water Act, 1988 and the Mine Health and Safety Act, 1996.
  • Advising clients on the BEE obligations contained in the Mineral and Petroleum Resources Development Act, 28 of 2002 (as amended).
  • Advising the purchaser, Seriti Resources Consortium, on the sale of the South African Anglo American PLC’s coal assets (2017).
  • Preparing due diligence reports for clients for, inter alia, the obtaining and/or acquisition and/or the disposal of rights granted in terms of the MPRD Act.
  • Drafting of due diligence reports and title opinions for the purposes of the drafting of a prospectus for the listing of a mining company on the ASX.
  • Drafting of due diligence reports and title opinions for the purposes of various capital raising exercises of listed mining companies on the JSE and LSE.
  • 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 client on the applicability of the provisions of the NEM:WA residue stockpiles, residue deposit and historic mine dumps.
  • 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.