Dear South Africans rushing into the solar industry – not so fast

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Cliffe Dekker Hofmeyr environmental law experts Margo-Anne Werner and Madoda Koti explain the important intersection of energy regulation and environmental law – and what the future holds for SA’s fledgling solar businesses.

President Ramaphosa’s recent announcement that all licensing requirements for private energy projects will be dropped has heralded what is hoped will be a much-needed, new era for the country’s ongoing energy crisis.

Given the government’s renewed focus on the just energy transition and its partnership with several developed countries in encouraging investment in these initiatives, South Africa finds itself in a historically unique position to empower solar entrepreneurs to produce the long-term results that the country and the world urgently need.

For example, the Renewable Energy Independent Power Producer Programmes are experiencing an over-subscription, meaning utility-scale renewable energy projects that can be selected as preferred bidders are limited. With the onset of climate change and global commitments towards achieving net zero, legislation around energy and electricity production and sustainable environmental development are closely connected. Despite the fact that licensing requirements have been removed, there remain a number of environment-related regulatory requirements that are triggered by the construction of solar power facilities.

 

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