Marcia D.

Legal Advisor

  • Hourly rate: R1000 /hr
  • Experience: 17 Years

About Marcia

Phone verified

• Adv Davids acted as Director: Appeals & Legal Review when required from 2014-2018 • Co-wrote a paper on “Applying Climate Finance for Energy Efficiency and Renewable Energy solutions on the Russian North”- P. Prozov (LLM) & MN Davids (LLM). The paper was presented in Bangladesh at the 2017 International Climate Finance Conference • Adv Davids is the first person in South Africa to handle an appeal against an EA on Coal Fired project which resulted in the High Court calling for the Climate Change Impact Assessment Report. Adv Davids project managed the entire process of appointing the appeals panel to peer review Thabametsi’s Climate Change Impact Assessment Report • Participated in the Parliamentary Portfolio Committee for Environmental Affairs in 2017 on the outcomes and implications of Thabametsi Court Judgement • Adv Davids has institutional memory from the Department of Environmental Affairs, she compiled statistics on Mining Appeals since the One Environmental System (2014-2018) • Specialist in the Directorate: Appeals & Legal Review on climate change issues when she was allocated climate change appeals such as KiPower and Namane, the appellants in the aforementioned proposed project called for the Climate Change Impact Assessment Reports • Handled the first appeal in South Africa against an environmental authorisation granted for the proposed aquaculture project in Port Elizabeth, the developer had to mitigate against visual, tourism and safety impacts (shark attack). It is Adv Davids view that Aquaculture Vertical Farming would have eliminated the impacts • Nominated as the Appeals Directorate representative for the Interdepartmental Project Implementation Committee • Facilitated and Presented at the Department of Environmental Affairs Appeals Workshops on 2010 Environmental Impact Assessment Regulations and 2014 National Appeal Regulations • Briefed Senior Counsel and the Minister of Environmental Affairs on Thabametsi Coal Fired Power Station Appeal Decision which focused on Climate Change issues and the need for a Climate Change Impact Assessment Report. The Appeal Decision was subsequently reviewed at the Pretoria High Court • Briefed the Minister of Environmental Affairs on KiPower Coal Fired Power Station Appeal Decision (Climate Change issues same as Thabametsi Coal Fired Power station) • Successfully contributed to the reduction of timeframe for responses to appeals for the Department of Environmental Affairs (DEA) from 315 days to 90 days in terms of the 2014 National Appeals Regulations • Contributed in the drafting and coordination of the Appeals Protocol • Successfully drafted and developed an Appeals Guideline • Collaborated with Recycle H02 (US California) on a South Africa and California draught comparative study document – 2016 • Appointment to the Coves Estate Home Owners Association (HOA) Board, Director responsible for Aesthetics and support Environment, Farming and Legal portfolio – Community Service • The Coves is an Agricultural, Aero & Eco Estate with an existing Environmental Management Plan (EMP), Adv Davids was involved in the review of the Coves EMP • Accepted as a member for the Society of Construction Law in Africa in 2017 • Appointed as the Coves Estate Appeals Committee Member • Continuing professional development around Construction Law issues • Additional professional development in International Air, Space and Telecommunication issues • Resolving an administrative problem around stakeholder management for Department of Mineral Resources (DMR) which led to the review and development of a Webpage for the Appeals Directorate within DEA • Participated in debate during South African International Renewable Energy Conference (SAIREC)-2015 • Contributed in the liaison with The South African Model Aircraft Association regarding the registration of the Coves Estate flying sites • Drafted Conflict of Interest Policy and relevant templates for the Coves Estate based on the King II guidelines on Corporate Governance • Drafted a Briefing note to the Coves Estate Chairman and the Legal Directors on site 172 encroachment • Facilitated the appointment of a highly qualified and reputable land surveyor for the Coves Estate • Drafted a Memorandum of Understanding between Mr Eben Marais (Professional Architect) and the Coves Estate • Attended a Site visit and workshop at SAGE green building in Pretoria • Amended the Coves Estate Architectural Guidelines in order to conform to the Green Agenda and My Green Home initiative carried out by the Green Building Council of South Africa • Drafted Terms of Reference for the appointment of the Climate Change Specialist, to peer review Thabametsi Coal Fired Power Station Climate Change Impact Assessment Report • Providing input to the Coves Environmental Management Plan to ensure a cohesive document in support of current legislation and regulation is achieved • Support the Coves Estate in managing Aesthetic Rules more specifically site 171, 172 rezoning applications • Facilitated a merger between Prentec (Pty) Ltd and Impilo (Pty) Ltd for an Eskom bid and prepared Memorandum of Association, and Non-Disclosure Agreement • Participated at Urban Agri Summit 2017 Johannesburg • Successfully developed the appeals email address in 2010 ****@*****.*** • Successfully developed the appeals website in 2016 http://www.******.*** Successful of Major projects: • Development of a Vertical Farming Strategy for South Africa with the support of the Association for Vertical Farming in Germany • Establishment of a working committee for the Department of Mineral Resources (DMR) and the (DEA) in relation to Appeals – absorbing the DMR previous process into the 2014 Environmental Impact Assessment Regulations • Overseeing the work of the Change Specialist on the review of Thabametsi Coal Fired Power Station Climate Change Impact Assessment Report • Bid Committee Member for the outsourcing of attorney firm to assist the Waste Management Bureau • Bid Committee Member for the outsourcing of climate change specialist for the Minister for the proposed Thabametsi Coal Fired Power Station • Bid Committee Member for the outsourcing of Biodiversity specialist for the Minister for Subiflex project • Bid Committee Member for the outsourcing of Biodiversity specialist for the Minister for De Beers Consolidated Mining project.

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