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Review of a refusal to grant a prospecting right
journal contribution
posted on 2008-01-01, 00:00 authored by Pieter BadenhorstPieter Badenhorst, M CornellyThe 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).
History
Journal
ObiterVolume
29Issue
1Pagination
113 - 123Publisher
Faculty of Law, University of Port ElizabethLocation
Port Elizabeth, South AfricaISSN
1682-5853Language
engPublication classification
C1.1 Refereed article in a scholarly journalCopyright notice
2008, University of Port Elizabeth, Faculty of LawUsage metrics
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