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Mineral rights are dead! Long live mineral rights!

Badenhorst, P.J. 2008, Mineral rights are dead! Long live mineral rights!, Tydskrif vir die Suid-Afrikaanse reg / Journal of South African Law, no. 1, pp. 156-165.

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Title Mineral rights are dead! Long live mineral rights!
Author(s) Badenhorst, P.J.
Journal name Tydskrif vir die Suid-Afrikaanse reg / Journal of South African Law
Issue number 1
Start page 156
End page 165
Total pages 10
Publisher Juta & Company Ltd.
Place of publication Kaapstad, South Africa
Publication date 2008
ISSN 0257-7747
1996-2207
Summary Whilst being mindful of the eventual extinction of the legal notion of mineral rights in South Africa upon expiry of the transitional measures in terms of schedule II of the Mineral and Petroleum Resources Development Act 28 of 2002 on 30 April 2009, the classification of mineral rights by the supreme court of appeal in the Anglo decision is to be welcomed, even though it is somewhat ironic at this stage. (As to the extinction of the notion of mineral rights, see Badenhorst "Mineral rights : 'year zero cometh?'" 2001 Obiter 119; "Exodus of 'mineral rights' from South African mineral law" 2004 Journal of Energy and Natural Resources Law 218.) It will, however, be shown in this discussion that the decision of the supreme court of appeal will extend beyond the statutory transitional period and will also have an impact on rights to minerals or rights to petroleum as created in terms of the Mineral and Petroleum Resources Development Act (hereafter referred to as the act). For purposes of this discussion, one can simply continue to refer to mineral rights that developed from the common law as "mineral rights", whilst referring to the new rights created in terms of the act as "rights to minerals and petroleum". The present decision only deals with coal as "minerals".
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 ©2008, Juta Law
Persistent URL http://hdl.handle.net/10536/DRO/DU:30021564

Document type: Journal Article
Collections: School of Law
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