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WELCOME
| Cameron Cross Inc. specialises exclusively in the fields of Environmental, Health and Safety Law and operates from offices in Pretoria and Cape Town, South Africa. Although CCI predominantly acts in a consulting and auditing capacity, it is and practises as a firm of attorneys, as opposed to a legal consultant company, and therefore also actively represents clients in litigation proceedings.
CCI provides the industrial, mining and development sectors with SHE legal advice and assistance, whether through risk assessment, opinion writing, due diligence assessments, auditing, strategic process coordination, contract drafting or litigation proceedings. CCI also assists the public sector with statutory development initiatives, policy formulation and legal opinion. The firm has a "client and law first" character and policy and adheres to the strict codes of the attorney's profession.
Cameron Cross Inc. as well as its directors are internationally recognised. PLC Which Lawyer, (the UK's pre-eminent provider of legal know-how, transactional analysis and market intelligence for business lawyers) rates CCI as "Highly Recommended" and its directors as "Leading" in the field of Environmental Law.
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The recent judgment in the Western Cape High Court in the matter of City of Cape Town v Maccsand (Pty) Limited and Others[1] has settled much debate surrounding the interplay between the Mineral and Petroleum Resources Development Act, 28 of 2002 (MPRDA) and environmental and planning legislation.
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On 31 March 2010 the Supreme Court of Appeal (per judges Harms DP, Cloete, Malan, Heher and Leach JJA) handed down judgment in the matter of Thembekile Mankayi vs Anglogold Ashanti Ltd. The matter was heard on appeal from the Johannesburg High Court and dealt with the question of whether a mineworker who contracted an occupational disease during the course of his employment could claim damages from his employer for injuries sustained as a result of the mine's breach of a common-law duty of care to provide a safe working environment.
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Laila is a practising attorney who joined the Cape Town office of Cameron Cross during May 2010. She holds Masters Degrees in both Environmental and Medical Law. While completing her studies, she commenced her career as a course administrator and interactive law lecturer at the University of KwaZulu-Natal. Thereafter she served as the assistant to the Proctor of the same University.
Upon completion of her studies, she served her articles at a specialist environmental law firm Winstanley and Cullinan (now Cullinan and Associates), where she later practiced as a Professional Assistant. Her experience in environmental law matters includes participating in and preparing reports for environmental legal audits, updating legal registers, due diligence and providing opinions and advice on general environmental law matters.
Laila will be practising in the specialist fields of environmental, health and safety law.
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Melissa obtained an LLB degree in 2007 from the University of Johannesburg. At completion of her degree she commenced with her articles in November 2007 at Mark-Anthony Beyl Attorneys, who practices in general civil and criminal litigation, with specialization in commercial matters and commercial litigation. In 2008 she attended the full time School for Legal Practice.
In February 2009 she completed her Admission examinations through the Law Society of the Northern Provinces and was admitted as an attorney in July 2009. After admission Melissa completed a Certificate in Mining and Prospecting Law at the University of the Witwatersrand, with distinction, in November 2009. Melissa obtained valuable experience and left Mark-Anthony Beyl Attorneys as Professional Assistant-Attorney in April 2010. Melissa commenced with her LLM in Environmental law at the University of the Witwatersrand in 2010.
Melissa will be practising in the specialist fields of environmental, health and safety law.
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The recent Western Cape High Court judgment by Mister Justice Fourie in the matter of Seafront for All & Another v The MEC: Environmental and Development Planning, Western Cape Provincial Government and 3 Others[1] brought to an end a protracted legal battle involving the preservation of one of Cape Town's most valued multi-cultural and multi-racial public open spaces, the Sea Point Promenade.
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It is trite that the NEMAQA is a departure from a purely "point source" approach to regulation of air emissions as envisaged in the APPA to include a more progressive regulation of ambient air quality in general. The much anticipated remaining provisions of the National Environmental Management: Air Quality Act 39 of 2004 ("NEMAQA") finally came into effect on 1 April 2010 in terms of Government Notice No. 220 of 26 March 2010. In addition, in terms of GN 248 of 31 March 2010 ("GN 248"), the list of activities resulting in atmospheric emissions which have or may have a significant detrimental effect on, inter alia, the environment[1] and the minimum emission standards for these activities as contemplated in section 21 of the NEMAQA also commenced with effect from 1 April 2010.
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Employers are charged with certain functions and responsibilities in terms of either the Occupational Health and Safety Act, 85 of 1993 ("OHSA") or the Mine Health and Safety Act, 29 of 1996 ("MHSA"). These acts assume that employers in certain industries or of a particular size is however unable to perform the functions itself and must therefore rely on an appointment structure, which consists of various managers and other appointed persons, to perform the functions and responsibilities which are entrusted to the employer in terms of either the OHSA or the MHSA, on behalf of the employer.
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Swartland Municipality vs Hugo Wiehahn Louw N.O. and Others (Case Number 13703/09)
Judgement was handed down in the Western Cape High Court on 21 December 2009 in the above matter. The matter concerns the enforcement of the Land Use Planning Ordinance, No. 15 of 1985 (Cape) and the Scheme Regulations promulgated in terms thereof (LUPO) versus the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA).
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As part of the criteria for criminal prosecution of environmental crimes in terms of the Practice Note on the Principles of Enforcement of Environmental Legislation (Including Criteria for Criminal Prosecution and the Provision of Zero Tolerance Offences issued on behalf of the Environmental Management Inspectorate by the Department of Environmental Affairs) no person will be prosecuted for not being in possession of a valid authorisation if that person has taken all reasonable measures to obtain such an authorisation.
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Judgement was recently handed[1] down in the Supreme Court of Appeal case of the City of Johannesburg Metropolitan Municipality vs. the Gauteng Development Tribunal and Others.
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In the matter of Joubert & Others v Maranda Mining Company, the Supreme Court of Appeal ("SCA") was asked to consider judgement by the North Gauteng High Court of 11 April 2009 in which the appellants were interdicted and restrained from refusing Maranda Mining access to a mining right area in terms of the Mineral and Petroleum Resources Development Act 28 of 2002 ("MPRDA").
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Judgment was handed down in the Supreme Court of Appeal (SCA) on 11 September 2009 in the Nature's Choice Properties (Alrode) (Pty) Ltd vs the Ekurhuleni Metropolitan Municipality matter. The SCA held that the Municipality misconstrued its discretion in terms of the Smoke Control Regulations promulgated in terms of section 18 of the Atmospheric Pollution Prevention Act, 45 of 1965. The SCA upheld the appeal and set aside the interdict and order to remove the boiler installed by Nature's Choice which was initially granted by the Court a quo in favour of the Municipality.
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A recurring feature of South Africa's national environmental management legislation is the delegation of lawmaking powers to the Minister (including the possibility for further delegation to Provincial Ministers). Such delegated lawmaking powers enables the Minister to give effect to and to flesh out the original legislation and are a common and expected feature of primary legislation (also known as enabling or original legislation).
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The long awaited judgment in the matter of the trustees for the time being of the Biowatch Trust ("Biowatch") vs. The Registrar: Genetic Resources & Others was handed down in the Constitutional Court on 3 June 2009. Judge Sachs set aside certain costs orders awarded against Biowatch in the lower courts as more fully set out hereunder.
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Cameron Cross Inc. as well as both its directors have been rated as "Highly Recommended" in the field of Environmental Law in South Africa by PLC. PLC is the UK's pre-eminent provider of legal know-how, transactional analysis and market intelligence for business lawyers.
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