Natural gas and helium producer Renergen says a decision by the department of mineral & petroleum resources , while not a court ruling, invalidates Springbok Solar Park’s consent to build on land that overlaps with Renergen’s Virginia gas project in the Free State.
Without a valid Section 53 consent, the solar plant’s construction was unlawful and called into question other authorisations Springbok Solar may have obtained, Renegen said in a statement on Wednesday.
Last week the department ruled in favour of Renergen’s Tetra4, revoking the approval granted to Springbok to build the park. It said there were procedural defects in Sola’s approval process, particularly with respect to its failure to consult Tetra4 as required by regulation.
Renergen, which holds an onshore petroleum production right for the gas project, maintains any new development within its rights area required explicit permission and a coexistence agreement — steps it said Springbok Solar failed to take.
Renergen CEO Stefano Marani told Business Day several consultations Sola had with them were only about the environmental impact assessment, not on land use rights or where the solar panels would be placed.
“The department agreed with us, which is why the Section 53 approval was considered invalid,” Marani said.
“Not only have they [Sola] constructed unlawfully, but their environmental approval was based on the assumption they had a land use agreement, which they don’t. This means they may be violating more than one act.”
Marani said Renergen reached out to Springbok Solar immediately after the department’s decision, seeking an amicable solution.
Both parties confirmed they would be meeting this week to discuss a possible resolution and would report back within 30 days, after which the department would make a final decision.
“Remedies will be discussed privately and under a non-disclosure agreement,” said Marani. “We don’t want to see the solar project uprooted — that’s not our intention.
“However, we can’t have a situation where projects act first and apologise later as there would no point in having a legal framework.”
Marani also disputed claims that Renergen only raised concerns after construction began: “Their engagement was only about the environmental assessment, not about starting construction or obtaining a land use agreement. You need a land use agreement to obtain a valid Section 53. The agreement specifies where the gas is, and panels should be built elsewhere.”
He said Renergen had positive relationships with 19 other solar projects across the land where it holds rights, “all of which have respected the necessary protocols”.
“With all of them, the procedure was followed, and there are no issues,” he said, adding that these power projects were all at different stages in the construction process.
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