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
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
Persistent URL	http://hdl.handle.net/10536/DRO/DU:30021569

Document type:	Journal Article
Collection:	School of Law

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