Mineral law and the doctrine of rights : a microscope of magnification?

Badenhorst, P.J. 2006, Mineral law and the doctrine of rights : a microscope of magnification?, Obiter, vol. 27, no. 3, pp. 539-553.

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Title Mineral law and the doctrine of rights : a microscope of magnification?
Author(s) Badenhorst, P.J.ORCID iD for Badenhorst, P.J. orcid.org/0000-0001-6012-6316
Journal name Obiter
Volume number 27
Issue number 3
Start page 539
End page 553
Publisher Faculty of Law, University of Port Elizabeth
Place of publication Port Elizabeth, South Africa
Publication date 2006
ISSN 1682-5853
Summary The doctrine of rights has become part of private law jurisprudence. In this article the application of the doctrine in two decisions dealing with surface support in mineral law is examined. It is argued that the decision of Kriegler J in Elektrisiteitsvoorsieningskommissie v Fourie, namely, that the right to surface support is an entitlement, is more correct than Anglo Operations Ltd v Sandhurst Estates (Pty) Ltd in which it was decided that the right to surface support is a competence. It is submitted that depending on the legal location of the entitlement in the relationship between owner and miner of land one may simply refer to either an owner's entitlement to surface support or a miner's entitlement to undertake opencast-cast mining.
Language eng
Field of Research 180111 Environmental and Natural Resources Law
Socio Economic Objective 970118
HERDC Research category C1.1 Refereed article in a scholarly journal
Copyright notice ©2006, University of Port Elizabeth, Faculty of Law
Persistent URL http://hdl.handle.net/10536/DRO/DU:30021563

Document type: Journal Article
Collections: Faculty of Business and Law
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