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AN INTRODUCTION TO SOUTH AFRICAN OIL AND GAS LAW AND POLICY

20- 22 November 2012

The Professional Development Project of the Faculty of Law, UCT is pleased to present an introductory course on South African Oil and Gas law.

About the course

This course is designed to give participants a basic understanding of the law relating to oil and gas and a broad understanding of the legal environment in which international transactions occur in South Africa.

Who will benefit from this course?

Lawyers and Investment Consultants wanting to understand the span of the legal systems

and contractual agreements governing upstream, midstream and downstream petroleum

operations in South Africa.

Banking and Financial Services professionals looking to play a key role in financing upstream,

midstream and downstream petroleum, gas and power projects and thus seeking a

pragmatic understanding of the sectors, the fiscal systems, investment opportunities, risks

and solutions .

Investors and Entrepreneurs wanting to venture into upstream, midstream and downstream

petroleum, natural gas and power sector and who therefore need a detailed understanding

of the sector as well as insight into the legal and policy dynamics to explore investment

opportunities as well as possible implications for planned investments.

Government Officials responsible for upstream, midstream and downstream Petroleum,

Natural Gas and Power sector seeking to deepen their understanding.

Young professionals from the upstream, midstream and downstream Petroleum, Natural gas

and Power sector looking to get a better understanding of the legal and institutional

framework regulating the entire value chain of upstream, midstream and downstream

petroleum operations in the South African industry and gain global perspective of the sector.

Petroleum transactions, both locally and internationally, occur within a complex legal environment. Petroleum professionals often lack the broad understanding of what makes up this legal environment and this course will put into perspective the legalities ranging from interpreting and enforcing agreements to avoiding liability under environmental laws.

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Every Player and Stakeholder involved in environmental and oil community issues in the

Petroleum, Natural Gas and Power sector wanting to broaden their understanding of the

dynamics of the sector and gain insight into current international best practices of the

upstream, midstream and downstream petroleum sector.

In the course of the programme, participants should be able to:

Take part in interactive exercises to pinpoint win-win outcomes for all industry players

Network with key industry players and make long-standing business contacts

Develop comparative insights into the oil and gas industry in a leading African economy

Discuss international best practices suited to Africa in the downstream oil and gas industry in particular

Course presenter

Dr Luke Havemann, the founding director of Havemann Inc, is a practicing attorney of the High Court of South Africa. Luke is a member of the Maritime Law Association of South Africa and the Environmental Law Association of South Africa.

Havemann Inc is the only specialist energy law firm in Southern Africa, with Luke being the only practicing attorney who holds the degree of PhD in the field of oil and gas law. Luke’s passion for and unparalleled knowledge of his particular field of expertise has led to his being invited to present papers regarding topical legislative developments at various

international oil and gas conferences (such as the East African Petroleum Conference and Exhibition and Offshore West Africa). Luke has recently completed a chapter for the second edition of Greg Gordon and John Paterson’s Oil and Gas Law: Current Practice and Emerging Trends, wherein he critically analyses the enviro-legal regime governing the United Kingdom’s offshore industry. Luke also holds the position of Consulting Editor: Oil & Gas for Energy Forecast, an African publication focusing on economic, political, social and other issues relating to the energy sector.

Prior to founding Havemann Inc and addressing the obvious need for a specialist energy law firm in Southern Africa, Luke practiced in the commercial litigation departments of both Cliffe Dekker and Bowman Gilfillan, two of South Africa’s most prestigious corporate law firms.

Luke began his tertiary education at the Federal University of Minas Gerais (UFMG), Brazil, following which he attended the University of Cape Town (UCT), South Africa, where he successfully completed an accelerated BA LLB programme, which included elective courses in Maritime and Commercial Law, respectively. Luke went on to obtain a Master’s Degree (LLM) in Marine and Environmental Law from the University of Cape Town’s Institute of Marine and Environmental Law (IMEL), with his chosen

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curriculum including courses in Marine Resources Law, International Environmental Law and Marine Pollution Law, respectively. Finally, Luke studied for and obtained the degree of PhD in law from the University of Aberdeen, Scotland, where he was awarded the CB Davidson scholarship.

Other presenters include:

(These speakers may be joined by experts from the South African Oil and Gas Alliance, Forest Oil, the Petroleum Agency of South Africa and PetroSA).

Rian Geldenhuys, Trade Law Chambers Topic: Downstream (supply and distribution of petroleum products) Niel Joubert, Trade Law Chambers

Topic: Downstream (exportation and importation of petroleum products) Ross Holland , Holland and Associates, Environmental Consultants Topic: The role of Environmental Assessment Practitioners as regards hydrocarbon-related Environmental Management Plans/Programmes and Environmental Impact Assessments Denis Kusaasira , Oil Law Consult - Kusaasira Advocates (Uganda) Topic: Downstream energy law and policy

Henry Kaliisa, Oil Law Consult; Kusaasira Advocates (Uganda)

Topic: Oil and Gas Contracts (Fiscal and commercial elements of production sharing agreements) Hugo Meyer van den Berg, Koep and Partners, Namibia

Topic: Licencing and rights issues

Jessica Courtoreille, Environmental Leader, PetroSA Topic: Environmental regulation from a practical perspective Lizel Oberholzer, Head of Bowman Gilfillan Africa Oil and Gas Group Topic: The practical application of theory in a competitive environment on the African continent.

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Entry requirements None

Examination requirements None

Award of certificate A certificate of attendance will be awarded to those attending the full 3 days of lectures.

Course fee R6000 per delegate

Closing date for registration Friday, 9 November 2012

Registration and enquiries Please contact the Professional Development Project:

Paula Allen on 021 650 5558

Andrea Blaauw on 021 650 5413

Fax: 021 650 5513

Email paula.allen@uct.ac.za / andrea.blaauw@uct.ac.za / irena.wasserfall@uct.ac.za

OR visit the Law Faculty Website http://www.law.uct.ac.za/profdevelop/overview

Physical address

Professional Development Project

Rm 3.20 Kramer Law Building

Middle Campus, UCT

Rondebosch, 7700

Postal address

Professional Development Project

Rm 3.20 Kramer Law Building

Middle Campus, UCT

Private Bag X3

Rondebosch, 7701

PLEASE NOTE: We have extended the course programme with two days to accommodate delegates from the rest of Africa with a city tour and a visit to an oil refinery. If you wish to join in the tour of the oil refinery please indicate this on the registration form. This excusrion will however incur an additional cost as indicated on the registration form.

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COURSE OUTLINE

THE TOPICS TO BE COVERED WILL INCLUDE THE FOLLOWING:

INTRODUCTION TO SOUTH AFRICAN OIL AND GAS LAW AND POLICY

South African Oil and Gas Industry Overview

– introduction to industry-related jargon

– a brief history of the South African industry

– principal players (governmental and non-governmental)

– primary onshore and offshore areas and development-related status quo

– statutes of cardinal importance

– legal issues regarding reservoir data

Licensing

- technical co-operation permits, exploration rights and production rights

- application processes

- supporting documentation

- duties of licensees / licence terms and conditions

Various contractual arrangements

- Typical forms of contract and contract structure

- Joint Bidding Agreements

- Production Sharing Agreements

- Service Contracts

- Farm-in/Farm-out Agreements

- Essential contractual terms and risk management issues

Drilling and Project Development

- legal requirements for well services

- Joint Operating Agreements

- Platform Operating Service Agreements

- Facilities Management Agreements

Subsea infrastructure

- Pipelines (construction, operation and fisheries interface)

- Tie-back and Tie-in Agreements

- Proximity Agreements and Crossing Agreements

Decommissioning

- relevant legal framework

- Decommissioning Agreements

Environmental Management

- onshore and offshore environmental concerns

- principal enviro-legal statutes relating to exploration, production and decommissioning

- the MPRDA / NEMA interface

- the role of Environmental Assessment Practitioners

- Environmental Management Plans and Programmes and Environmental Impact Assessments

The Legal Framework for Downstream Petroleum Sector Operations in South Africa

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- Laws and regulations governing the supply, distribution, marketing and sale of petroleum

products in South Africa

- Construction of refineries and pipelines

- Exportation and importation of petroleum products

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REGISTRATION FORM

AN INTRODUCTION TO SOUTH AFRICAN OIL AND GAS LAW AND POLICY

20- 22 November 2012

Venue: Law Faculty, Middle Campus, UCT but details to be confirmed

Closing date for Registrations: Friday, 9 November 2012

Please complete in full. Use ONE form per person registering and please write clearly.

Incomplete forms will not be processed.

Please return completed forms via: Fax 021 650 5513

Email paula.allen@uct.ac.za or andrea.blaauw@uct.ac.za

APPLICANT DETAILS

Title: Surname:

ID: Name:

Full names (to appear on certificate):

Contact details must be completed in full

Postal address:

Postal code:

Home telephone: Cell:

Work telephone: Fax:

Email:

This information is required for UCT reporting purposes

Gender: Race:

Were you previously registered as a student at UCT? YES / NO

If YES, what was your student number? Student No:

Do you have any special dietary requirements?

Please be specific.

Do you have any other special requirements that we

should be made aware of? Please provide details.

Do you require parking on campus?

What qualifications do you hold?

Do you need information about accommodation?

You will be responsible for making your own bookings and settling your accounts, but we can

send you a short list of accommodation options available in the area.

YES / NO

Office Use Only:

Ps no:

Student no:

Group Entry no:

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Where did you see the information about the course?

PAYMENT DETAILS

Please complete in full

Name of firm / organisation /

person responsible for

payment

VAT registration number:

Postal address:

Postal code:

Street address:

Postal code:

Name of contact person at firm / organisation:

Email: Cell:

Tel: Fax:

Course fee (VAT exempt) R6 000 plus an additional fee of R1000 for

the refinery visit

The course fee includes refreshments and lunches, course material and parking.

Payment must be made within 30 days of date of invoice

DISCOUNTS: Groups of 5 or more from the same firm/organisation may apply for a discount

5–10 people = 10% 10–20 people = 15%

PAYMENT OPTIONS: (Please indicate clearly which method you will use)

Once off payment:

By direct deposit

If your company is paying for you, please use these bank details:

Bank: Standard Bank

Account name: The UCT Number One Account (current account)

Branch: Rondebosch

Branch Code: 025009

Account Number: 071 503 854

If you are paying for yourself, please use these bank details:

Bank: Standard Bank

Account name: UCT Law@Work (current)

Branch: Rondebosch

Branch Code: 025009

Account Number: 270 653 007

Proof of payment to be faxed to 021 650 5513 or e-mailed

By cheque: Made out to UCT

By credit card: Master or Visa cards only

Please request credit card payment form from Paula Allen (paula.allen@uct.ac.za) or Andrea Blaauw

(andrea.blaauw@uct.ac.za)

2-month payment

plan:

50% payable on registration

Balance payable within 60 days of invoice

Special application may be made to pay a reduced fee, based on financial need. If you wish to apply for a

reduction, please submit a full motivation, with a statement of income and expenditure, including a list of

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liabilities due under credit or instalment agreements.

May we add your name to our mailing list to receive notification of further

courses?

YES NO

I would like to attend the refinery tour YES NO

TERMS AND CONDITIONS

1 You will be invoiced for your attendance. Payment must be made within 30 days of date of

invoice.

2 We reserve the right to refuse attendance to the seminar/ workshop/ course if the fee is

outstanding. Please note that if the fees are still outstanding within 90 days of invoice, the

debt will be handed over for collection.

3 Cancellations:

(a) You may cancel your registration in writing BEFORE the closing date for registrations.

(b) Those who have registered and have not cancelled in writing BEFORE the closing date for

registrations will be liable for 75% of the course fee.

(c) Should you fail to attend the seminar/ workshop/ course without having cancelled as

above, you will not be entitled to a refund if you have already paid.

4 UCT reserves the right to cancel the course if insufficient registrations are received; in which

case, the course fee will be refunded in full if already paid.

5 Submission of this form will be taken as acceptance of the conditions above.

I acknowledge that I have read and accept all the terms and conditions set out in this registration

form and consider myself bound by them.

________________________________________ __________

Signature Date