Read our full newsletter in PDF Keep calm and breathe With 2019 coming to a rapid close, and because of the significant impacts that recent environmental trends and changes have on the Mining and Natural Resources Sector, we have decided to consolid...

Carrying a statutory legal appointment in terms of the provisions of the Mine Health and Safety Act No. 29 of 1996 (“MHSA”) carries a certain level of prestige in the mining industry, however statutory legal appointees are not always awa...

Rapid innovation and decreasing production costs have dramatically increased our access to electronic products and digital technology and, together with humankind’s unquenchable demand for electronic devices, the unintended consequence of this...

The announcement of the intention to repeal the Indigenisation and Economic Empowerment Act by the Zimbabwe government in March 2019 was driven by various factors, including investor, political and legal motivations. The Act, implemented by former Z...

On 12 July 2019, certain provisions of the Competition Amendment Act 18 of 2008 (“Amendment Act”) came into effect. This article deals with specific noteworthy amendments which impact the mining industry. New definitions and industry spe...

Mining operations around the country strive to send home employees safely at the end of each shift, by implementing various stringent health and safety measures in their working places. Despite these measures and various safety drives to put health ...

The question, “If a tree falls in the forest and no one is around to hear it, does it make a sound?”, raises interesting questions regarding observation and perception. Regardless of who postulated this thought experiment first, or when ...

On 23 September 2019, sixteen-year-old climate change activist, Greta Thunberg, gave an emotionally charged speech at the United Nations Climate Action Summit wherein she condemned world leaders for failing to adequately address climate change. Whi...

South Africa has faced strident calls for the nationalisation of the Mining and Natural Resources sector, which, in my view, is the final step along the spectrum of resource nationalism. Recent events across Africa including in Tanzania, Zambia, and...

Tanzania, like several African and other jurisdictions, is facing significant demands from its citizens to benefit more from Tanzania’s vast mineral resources, particularly gold and diamonds, with other minerals such as gemstones, nickel, copp...

  The BEE Commission’s report 2018, between 2017 and 2018, had no significant change in the levels of transformation, with black ownership reflecting a decline to 25.2% from 27% and current management control still sitting at 38% for blac...

Eversheds Sutherland Clean Energy and Sustainability Group is delighted to tell you that we have created the Energy Transition Club (ETC), which will operate globally and will bring together key participants focused on delivering the transition to ...

Background On 9 January 2020, REPDO invited developers to prequalify via a request for qualifications (“RfQ”) for the third round of the NREP in the Kingdom of Saudi Arabia. Third round of the NREP There will be four photovoltaic (&ldquo...

Ofgem:Amendments to Gas Transmission Charging regime-minded to decision and draft impact assessment (published on 23 December 2019) The Office of Gas and Electricity Markets (Ofgem), the regulator for downstream natural gas markets, has published a ...

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At the end of 2019, China dominated the world’s generation of installed capacity and consumption of renewable energy, with wind power capacity accounting for one third of the world’s total and PV power capacity accounting for one fo...

Weare delighted to have partnered with the International Renewable Energy Agency and the Terrawatt Initiative in the development of the Open Solar Contracts which were launched recently at the World Future Energy Summit in Abu Dhabi. The publication...

Following the detection of a new coronavirus strain of pneumonia in Wuhan, China in late 2019 (now named ‘COVID-19’), the subsequent scale of the outbreak and the measures undertaken by various governmental authorities to contain it, hav...

Following the detection of a new coronavirus strain of pneumonia in Wuhan, China in late 2019 (now named ‘COVID-19’), the subsequent scale of the outbreak and the measures undertaken by various governmental authorities to contain it, hav...

The Tunisian Government makes a huge step towards the deregulation of the renewable power market by amending the 2016 auto-consumption regime. The Decree 2020-105 has amended the 2016 auto-consumption regime legal framework. The 2016 regulation requ...

Highlights Period for comments from stakeholders under the consultation ended on 24 January 2020, comments from industry stakeholders may lead to a second consultation Pilot project aims to open auction for up to 230MW in aggregate of nominal capac...

UK GOVERNMENT RECOGNISES ROUTE TO MARKET CHALLENGES AND SHOWS SIGNIFICANT SHIFT IN APPROACH FOR UK RENEWABLES On 2 March 2020, the UK Department for Business, Energy and Industrial Strategy (BEIS) published a consultation on the Contracts for Differ...

Michelle T Davies Awarded Outstanding Contribution to Smart Energy Michelle T Davies, Partner and International Head of Clean Energy and Sustainability, has won Outstanding Contribution to Smart Energy at this year’s inaugural Women Powering S...

As the situation with the COVID-19 outbreak continues to develop in the UK and beyond, there are a few recent developments for UK companies to be aware of. Year end reporting and filing accounts Year end reporting As a reminder, the Financial Report...

Eversheds Sutherland was delighted to be involved in a project to develop proforma clauses and model laws looking to tackle climate change. The Chancery Lane Project involved 143 participants from 63 organisations, including law firms, climate chang...

As Covid-19 continues to disrupt the clean energy sector we want to do what we can to help you. Free Global Webinar We will be hosting a global webinar on 25 March 3pm (UK time) which will provide practical advice around many of the problems being f...

Eversheds Sutherland has advised Energetický a prumyslový holding, a.s. (EPH), on the acquisition, by its subsidiary EP UK Investments Ltd. (EPUKI), of Humbly Grove Energy Limited from PETRONAS, Malaysia's integrated petroleum corporat...

Most of the questions we are receiving in the clean energy sector around Covid-19 relate to maintaining project continuity and the impact of Covid-19 on the work force, raising and defending Force Majeure and how best to approach discussions with f...

The lockdown of public life in Germany and the disruption of global economy due to the Coronavirus also complicate and delay the development, construction and commissioning of renewable energy projects in Germany. This has dangerous consequences as ...

The Low Carbon Contracts Company (“LCCC”), the counterparty for the UK’s Contracts for Difference (“CFD”) scheme, issued an advice note on 7 April 2020 confirming that COVID-19 is capable of constituting a Force Majeure...

This year, the Petersberg Climate Dialogue (PCD), a platform for informal political discussion on climate policy related issues, took place online on 27 and 28 April 2020. One of the highlights of this year’s edition of the Petersberg Climate ...

On 4 December 2018, Eversheds Sutherland’s Elizabeth Shepherd was on a panel providing oral evidence to the House of Commons Environmental Audit Committee at a one-off session to consider the impact of the proposed Brexit deal on Chemicals Reg...

In the first article of our blockchain series, we explained how the use of blockchain technology had the potential to offer s...

In the last few years, there has been an increasing focus on the need for adequate ethics guidance for the use of artificial intelligence and robots – something we have regularly written and spoken about. For example, in 2017, MEPs from the E...

Welcome to your Diversified Industrials Sector Outlook 2019 In this outlook for the Diversified Industrials sector, we take a look at the key trends, legislation and issues we’re set to face in 2019 and the likely impact on businesses operatin...

As participants in the EU ETS will be aware, back in 2017, as part of its planning for Brexit, the UK Government amended the Greenhouse Gas Emissions Trading Scheme Regulations 2012 to require UK operators to surrender allowances in respect of their...

The United States has expanded the sanctions imposed on Venezuela in a bid to hold accountable “those responsible for Venezuela’s tragic decline”. U.S. sanctions on Venezuela have steadily increased since March 2015 in response to ...

The market for wearable tech is huge and growing, driven by new wellness applications and improved connectivity. Add to that the increasing number of new IoT devices and applications in the home, workplace and industry, and the opportunities both fo...

In recent years there has been a marked change in attitude towards foreign investment screening. A range of jurisdictions globally have taken steps to strengthen their ability to review and actively intervene in transactions. Most recently, the EU p...

The Environmental Audit Committee (“EAC”) has launched an inquiry to investigate the impact of toxic chemicals on everyday life (launched 12 February 2019). The inquiry will focus on the use of toxic chemicals in everyday products includ...

Sanderson Limited v Simtom Food Products Limited [2019] EWHC 442 (TCC) Summary Whatever the sector, IT transformation can deliver superior services, development of dynamic business models, increased customer satisfaction, returns and cost savings. ...

Eversheds Sutherland and Smart Dubai consider the future of AI governance and how a proactive approach can create a trusted ecosystem and address ethical concerns. Authored by Charlotte Walker-Osborn and Erica Crosland Read the article here >...

One could be forgiven for thinking the UK Government had put its other legislative plans on hold as it seeks to deliver Brexit, but this is not the case. In February we saw the launch of a number of parallel consultations all designed to tackle plas...

Contenders to replace Theresa May as Conservative leader continue to clash over the prospect of a no-deal Brexit and how it could be achieved. In the meantime, the chemicals sector continues to attempt to mitigate the major ramifications it could ha...

Last week, the EV Infrastructure Taskforce (EVIT), which brings together experts from Transport for London and Greater London Authority, announced a new plan to deliver electric vehicle infrastructure for London. This follows engagement with various...

What's happened? The High Court has considered multiple warranty claims under an aerospace SPA. The case from earlier this year is interesting due to the range of warranty claims considered and the court’s interpretation of the relevant SPA pr...

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While AI has unquestionably led to some massively significant technological breakthroughs for consumers and businesses alike, it's also got a darker side that can lead to major issues. The public use of citizen data to feed algorithms and things li...

There is absolutely no doubt that artificial intelligence has already driven — and will continue to drive — some of the world's most fascinating and advanced technological achievements. While AI and ML continues to permeate lives of end...

On 2 October 2019, the World Trade Organisation (“WTO”) ruled that the U.S. that the tariffs on $7.5 billion worth of goods imported from the EU imposed by the U.S. in response to the EU’s unlawful subsidies to Airbus were authoris...