South Africa Conference & Workshop
Protea Hotel, Wonderes, Illovo, Johannesburg 28 - 30 Janurary 2010

Presenter Biographies

LINDSEY SMITH

CURRICULUM VITAE

BSc LLB, Sustainability Legal Consultant

Lindsey Smith studied at Rhodes University from 2002 to 2006, obtaining a BSc majoring in Zoology and Legal Theory and a LLB.  Her interest in Environmental Law first arose while studying Zoology, with a specific interest in conservation. She joined IMBEWU Sustainability Legal Specialists (Pty) Ltd in February 2008, in order to specialise in environmental law. Lindsey practices generally in the areas of sustainability law, including energy policy and law, conservation and biodiversity law and climate change law. Lindsey is involved in various EIA-process related projects, including litigation centred around EIA matters. She provides general legal assistance with climate change projects, including Clean Development Mechanism (CDM) projects and energy-related projects. Lindsey further assists in conducting environmental legal compliance audits.

DESCRIPTION OF PRESENTATION
Topic
An Overview of the Policy and Regulatory Framework Pertaining to Biofuels in South Africa

Brief Description
Broadly stated, the purpose of the presentation is to provide an overview of the current policy and regulatory legal framework in South Africa regarding biofuels. The presentation will focus on the legislative restrictions in South Africa regarding the commercial use of biofuels, specifically those generated from micro-algae, jatropha curcas, biogases and CHP engines, as alternate sources of energy. This will include an overview of the current energy policy and regulatory regime in South Africa, specifically focusing on the renewable energy legislative and policy developments, including a discussion of the current difficulties faced in South Africa by Independent Power Producers, with a specific focus on the biofuels industry.

However, biofuels cannot only be considered from an energy perspective. The impact of a biofuel industry, generally, on biodiversity, water resources & food security is also a relevant consideration. For the purposes of this presentation, an overview of the South African policy and legislative framework regarding biodiversity in relation to biofuels generally, will be provided.

RELATED PROJECTS AND SUCCESS STORIES
Company Overview and Relevant Projects

IMBEWU works on sustainability legal and policy issues for a broad range of clients. These include a number of environmental consultancies, large industrial and mining clients, small to medium sized industrial operations, foreign embassies, non-Governmental Organisations (NGOs), international agencies and government departments.
Since its establishment in 2000 IMBEWU has been involved, both nationally and internationally, in the climate change legal arena. IMBEWU is thus a pioneer in South Africa in the practice of climate change law and related disciplines, and one of the most specialised legal consultancy firms in this field.  During this period IMBEWU has acquired and developed extensive knowledge and expertise in climate change legal issues, including energy legal issues, and in the legal regimes applicable to the implementation of Clean Development Mechanism (CDM) projects.

IMBEWU has expertise in the legal framework (current and in development) pertaining to protected areas and biodiversity conservation in South Africa. It has conducted an extensive review of the new protected areas legislation in the context of the need for the erection of power lines in such areas. IMBEWU has also conducted research into the application of the protected areas and biodiversity conservation legal regimes with regard to the implementation of the biosphere reserve concept in South Africa.

In the context of biofuels, IMBEWU has provided legal advice regarding the applicable policy and regualtory framework and the development of Clean Development Mechanism projects involving biofuels generation and/or use. 

DANIDA-RDE / South Africa Clean Development Mechanism (CDM) Project: Within the context of the international CDM regime IMBEWU has been contracted by DANIDA (Danish International Assistance) and the Royal Danish Embassy (RDE) as a member of a team of local and international consultants seeking to identify and develop CDM projects in South Africa. IMBEWU’s responsibilities include providing advice on domestic and international CDM requirements, monitoring of local and international developments in Climate Change, the content of agreements for the purchase and sale of Certified Emissions Reductions, and general environmental legal issues pertinent to the various CDM projects under development.
  
Power generation from landfill gas Clean Development Mechanism Project: IMBEWU is retained by a South African Metropolitan Municipality to provide environmental and climate change legal advice on a landfill gas to power generation CDM project. IMBEWU’s tasks include legal advice on environmental impact assessment and all climate change aspects of the project, including contractual and administrative law issues.

Consultancy to the DNA: IMBEWU has provided advisory legal services to the South African Designated National Authority (DNA) for the CDM which is housed within the Department of Minerals and Energy and is required to assess potential CDM projects for host country approval status. IMBEWU was actively involved in establishing the South African DNA and currently provides consultancy services to the DNA on request.

Energy Policy and Regulatory Overview for the Renewable Energy and Energy Efficiency Partnership (“REEEP”): IMBEWU was requested by REEEP to provide a report focussing on the energy policy and regulatory systems in South Africa, Lesotho, Swaziland, Mozambique, Botswana, Namibia, Malawi and Angola. The brief from REEEP required IMBEWU to devise a report based on research undertaken for each country on the following aspects: energy provision; energy market; energy policy framework; and energy regulation.

REEEP / SERN “Policy and Regulation for Energy Efficiency in Southern Africa” Workshop Outcomes Report: IMBEWU was contracted by REEEP to prepare the outcomes report for this Workshop hosted by REEEP & the Sustainable Energy Regulation Network (SERN) during the course of 2009.