Specialist Fields

Energy Law

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We assist businesses in all areas of Energy Law

Energy Law involves the regulation of, and transactions within, the energy sector from its procurement to its generation and distribution, and includes the ancillary commercial and financing related agreements required for the smooth operation of the process.

Our specialist team provides advice and document drafting services relating to the procurement and generation of electricity from both renewable sources (e.g. solar, wind and hydro) and non-renewable sources (e.g. coal and gas), bid preparation and the construction of power plants, energy efficiency (e.g. in relation to buildings) and the licensing of energy-related developments (e.g. pipelines and the storage, refining and retailing of oil and gas), project finance and the drafting of power purchase, rent to own, operation and maintenance, engineering, design, supply and installation agreements.

We all rely on energy. I believe our aim in the legal sector is to assist our clients in finding solutions which will help create a more sustainable and efficient energy environment.

- Alayne Meinesz, Caveat Panel Member

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Former Clients

sun investments logo
windlab logo
Volco power logo
jaguar new energies logo
solar advice logo
Nepsa energy logo
nuplanet logo
veld renewables logo

Energy Regulations

In South Africa, the regulation of electricity falls under the jurisdiction of NERSA, one of three energy regulators established under the National Energy Regulator Act, 2004 (NRA), which regulates electricity, piped gas and petroleum pipeline industries.

 

Legal Assistance with Energy Projects

Energy projects require input from a wide range of overlapping fields of law including commercial law, public procurement law, construction and engineering law, project finance law, environmental law and regulatory compliance. As such, most energy projects require a multidisciplinary team of specialists to achieve the required result. Caveat’s team assist with all aspects of the process including the drafting of bid documents, conducting environmental impact assessments, drafting of construction agreements, power purchase agreements, rent to own, EPC and O&M agreements, and relevant project finance-related documents.

Energy cannot be created or destroyed, it can only be changed from one form to another. Our battle in South Africa is to get enough energy to sustain the economy. Renewable energy has become forefront in this battle. In the legal field, we have focused our expertise on assisting our clients in achieving this goal.

- Robyn Bandey, Caveat Panel Member

caveat legal panel attorney robyn

FAQs

Frequently asked questions on Energy Law

In South Africa, the regulation of electricity falls under the jurisdiction of NERSA, one of three energy regulators established under the National Energy Regulator Act, 2004 (NRA), which regulates electricity, piped gas and petroleum pipeline industries.

Yes, South African companies are allowed to generate up to 100 MW without applying for a generation license from NERSA.

Private companies can legally sell you electricity if generation is less than 1 megawatt (MW) – which only requires municipal or Eskom technical sign-off to supply their owners or feed into the grid.

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