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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Tydskrif vir die Suid-Afrikaanse reg./ Journal of South African law
Juta & Company Ltd.
Place of publication
Kaapstad, South Africa
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.
Field of Research
180111 Environmental and Natural Resources Law
Socio Economic Objective
970118 Expanding Knowledge in Law and Legal Studies
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