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.

Document type:	Journal Article
Collection:	School of Law

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Title	Mineral law and the doctrine of rights : a microscope of magnification?
Author(s)	Badenhorst, P.J.
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
Persistent URL	http://hdl.handle.net/10536/DRO/DU:30021563

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