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

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journal contribution
posted on 2007-01-01, 00:00 authored by Pieter BadenhorstPieter Badenhorst, H Mostert
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.

History

Journal

Tydskrif vir die Suid-Afrikaanse reg./ Journal of South African law

Issue

3

Pagination

469 - 493

Publisher

Juta & Company Ltd.

Location

Kaapstad, South Africa

ISSN

0257-7747

eISSN

1996-2207

Language

afr

Publication classification

C1.1 Refereed article in a scholarly journal

Copyright notice

2007, Juta Law

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