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Nature of new order rights to minerals : a rubikian exercise since passing the mayday rubicon with a cubic zirconium?

Badenhorst, P.J. 2005, Nature of new order rights to minerals : a rubikian exercise since passing the mayday rubicon with a cubic zirconium?, Obiter, vol. 26, no. 3, pp. 505-525.

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Title Nature of new order rights to minerals : a rubikian exercise since passing the mayday rubicon with a cubic zirconium?
Author(s) Badenhorst, P.J.
Journal name Obiter
Volume number 26
Issue number 3
Start page 505
End page 525
Publisher Faculty of Law, University of Port Elizabeth
Place of publication Port Elizabeth, South Africa
Publication date 2005
ISSN 1682-5853
Summary The Mineral and Petroleum Resources Development Act 28 of 2002 has created new categories of rights to "minerals" that may be granted to applicants by the Minister of Minerals and Energy. In this article the nature of these rights will be examined. The legislature has labelled prospecting rights and mining rights to minerals as limited real rights in the MPRD Act. The remaining rights to minerals are not labelled. Provision is made for registration or recording rights in the revived Mining Titles Registration Act 16 of 1967 (as amended). Registered rights are claimed to constitute a limited real right binding against third parties. Discrepancies and contradictions regarding the nature of rights to minerals are created by the two statutes. It is concluded that only upon clarification of the provisions of the two sister statutes, would the nature of rights to minerals be more evident. The proposed amendment of section 5(1) of the MPRD Act would be in line with property doctrine based upon the common law and is to be welcomed.
Language eng
Field of Research 180111 Environmental and Natural Resources Law
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1.1 Refereed article in a scholarly journal
Copyright notice ©2005, University of Port Elizabeth, Faculty of Law
Persistent URL http://hdl.handle.net/10536/DRO/DU:30021562

Document type: Journal Article
Collections: School of Law
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