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Review of a refusal to grant a prospecting right

Badenhorst, P.J. and Cornelly, Marita 2008, Review of a refusal to grant a prospecting right, Obiter, vol. 29, no. 1, pp. 113-123.

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Title Review of a refusal to grant a prospecting right
Author(s) Badenhorst, P.J.
Cornelly, Marita
Journal name Obiter
Volume number 29
Issue number 1
Start page 113
End page 123
Total pages 11
Publisher Faculty of Law, University of Port Elizabeth
Place of publication Port Elizabeth, South Africa
Publication date 2008
ISSN 1682-5853
Summary The decision involved an application for the review and setting aside of a refusal to grant a prospecting right in terms of section 17 of the Mineral and Petroleum Resources Development Act 28 of 2002 (the "MPRD Act")(par 1). The decision also dealt with the right (and duty) of an applicant to an internal appeal in terms of section 96 of the MPRD Act (par 5) as well as the procedural fairness of the decision (par18). The decision by the state to refuse the application for a prospecting right was reviewed and set aside by the court, without requiring such internal appeal, (par 20) as the decision was regarded as manifestly unfair (par 18). The court referred the matter back to the Minister for reconsideration (par 18).
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, University of Port Elizabeth, Faculty of Law
Persistent URL http://hdl.handle.net/10536/DRO/DU:30021569

Document type: Journal Article
Collections: School of Law
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