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Artikel 3(1) en (2) van die Mineral and Petroleum Resources Development Act 28 van 2002: 'n herbeskouing

Badenhorst, P.J. and Mostert, Hanri 2007, Artikel 3(1) en (2) van die Mineral and Petroleum Resources Development Act 28 van 2002: 'n herbeskouing, Tydskrif vir die Suid-Afrikaanse reg./ Journal of South African law, no. 3, pp. 469-493.

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Title Artikel 3(1) en (2) van die Mineral and Petroleum Resources Development Act 28 van 2002: 'n herbeskouing
Translated title Section 3 (1) and (2) of the Mineral and Petroleum Resources Development Act 28 of 2002: A herbeskouing
Author(s) Badenhorst, P.J.
Mostert, Hanri
Journal name Tydskrif vir die Suid-Afrikaanse reg./ Journal of South African law
Issue number 3
Start page 469
End page 493
Publisher Juta & Company Ltd.
Place of publication Kaapstad, South Africa
Publication date 2007
ISSN 0257-7747
1996-2207
Summary Sections 3(1) and 3(2) of the Mineral and Petroleum Resources Development Act 28 of 2002
This contribution entails a discussion of the impact of section 3 of the Mineral and Petroleum Resources Development Act on various aspects of the new mineral and petroleum law. At the core of the discussion is the question of how this section is interpreted by various commentators, and the implications of the different opinions on the application of the section. The initial discussion highlights problems with the new definition of a "mineral": Soil, including topsoil is at present included in die definition of a "mineral" in the act. The definition should be rectified by the legislature as it has far-reaching consequences in respect of the extent of the state's power in terms of section 3(2) of the act to grant entitlements in respect of minerals, including topsoil. The implications of section 3 for the control and management of minerals are discussed and placed in the context of the question about the constitutionality of the act. It is argued that legislative guidance is urgently needed to clarify continuing uncertainty, caused by sloppy drafting and different opinions about the connection between private law and public law in relation to minerals and the actual position of existing right holders.
Language afr
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 ©2007, Juta Law
Persistent URL http://hdl.handle.net/10536/DRO/DU:30021572

Document type: Journal Article
Collections: School of Law
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