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Status of tailings dumps : let D5s go working in the past?

Badenhorst, P. J. and van Heerden, C. N. 2010, Status of tailings dumps : let D5s go working in the past?, Stellenbosch law review, vol. 21, no. 1, pp. 116-131.

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Title Status of tailings dumps : let D5s go working in the past?
Author(s) Badenhorst, P. J.
van Heerden, C. N.
Journal name Stellenbosch law review
Volume number 21
Issue number 1
Start page 116
End page 131
Publisher Juta & Company Ltd.
Place of publication Lansdowne, South Africa
Publication date 2010
ISSN 1016-4359
1996-2193
Summary It was decided in the De Beers v Ataqua Mining (Pty) Ltd that ''tailings dumps'' created by mining companies before the Mineral and Petroleum Resources Development Act, 28 of 2002 ("the MPRDA") came into operation are not governed by its provisions because such dumps are not "residue stockpiles" or "residue deposits" for purposes of the MPRDA. Ownership of tailings dumps is determined by the common law principles of accession. Ownership of a movable dump has to be transferred by one of the recognised forms of delivery of movables. Processing of these dumps will, however, still be subject to compliance with South African environmental, health and safety laws in general. It is submitted that mine dumps or tailings dumps created upon the exercise of "old order mining rights" before the commencement of the MPRDA and even after commencement of the MPRDA until eventual termination of the "old order mining rights" are not subject to the extensive, mining, environmental, empowerment provisions of the MPRDA. Termination of "old order mining rights" takes place upon: (i) refusal of an application for conversion of a mining right during (or even after) the period of transition, (ii) conversion into and registration of new order mining rights during (or even after) the period of transition or (iii) termination of unconverted "old order mining rights" on 30 April 2009. To the extent that this decision has made it possible to embark on a shorter and less cumbersome route in the reprocessing and eventual disappearance of most tailings dumps, it is to be welcomed from an economical, environmental, job creation and aesthetic perspective. Proposed amendments to the MPRDA to undo the impact of the De Beers decision should be carefully considered against these mentioned benefits and a possible finding that it may amount to an expropriation without compensation.
Language eng
Field of Research 180124 Property Law (excl Intellectual Property Law)
Socio Economic Objective 940401 Civil Justice
HERDC Research category C1 Refereed article in a scholarly journal
HERDC collection year 2010
Copyright notice ©2010, Juta Law
Persistent URL http://hdl.handle.net/10536/DRO/DU:30031217

Document type: Journal Article
Collections: Faculty of Business and Law
School of Law
Open Access Collection
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