Nature of new order rights to minerals : a rubikian exercise since passing the mayday rubicon with a cubic zirconium?

The Mineral and Petroleum Resources Development Act 28 of 2002 has created new categories of rights to "minerals" that may be granted to applicants by the Minister of Minerals and Energy. In this article the nature of these rights will be examined. The legislature has labelled prospecting rights and mining rights to minerals as limited real rights in the MPRD Act. The remaining rights to minerals are not labelled. Provision is made for registration or recording rights in the revived Mining Titles Registration Act 16 of 1967 (as amended). Registered rights are claimed to constitute a limited real right binding against third parties. Discrepancies and contradictions regarding the nature of rights to minerals are created by the two statutes. It is concluded that only upon clarification of the provisions of the two sister statutes, would the nature of rights to minerals be more evident. The proposed amendment of section 5(1) of the MPRD Act would be in line with property doctrine based upon the common law and is to be welcomed.

Review of a refusal to grant a prospecting right

The 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).

Water Resources Development Act of 1985 [microform] : hearings before the Subcommittee on Water Resources of the Committee on Environment and Public Works, United States Senate, Ninety-ninth Congress, first session on S. 366 ... S. 534 ... May 10 and 16, 1985.

CIS Microfiche Accession Numbers: CIS 85 S321-27

Review of Soil and Water Resources Conservation Act of 1977 [microform] : hearing before the Subcommittee on Conservation, Credit, and Rural Development of the Committee on Agriculture, House of Representatives, Ninety-seventh Congress, first session, October 28, 1981.

"Serial No. 97-GG."

Report of the President's Private Sector Survey on Cost Control : hearing before the Committee on Environment and Public Works, United States Senate, Ninety-eighth Congress, second session, on the effect of the report of the President's Private Sector Survey on Cost Control, on Titles V and X of S. 1739, the Water Resources Development Act of 1983, February 22, 1984.

Mode of access: Internet.

Exodus of 'mineral rights' from the South African Mineral Law

Transformation of the mineral law system as part of the new political  dispensation in South Africa has long been foreseen. Subsequent to a Green and White Paper, as policy documents, the Department of Minerals and Energy published a Mineral Development Draft 8il12000 for public comment. This eventually culminated in the acceptance by Parliament of the Minerals and Petroleum Resources Development Act 28 of 2002, which came into operation on 1 May 2004. The Act will transform thE! mineral law system and the mining industry in" general. In this article the phaSing-out by the Act of the historical notion of 'mineral right' is examined. It is argue..d that the Act will lead to an exodus of the notion of mineral rights and will replace It with less secure prospecting rights and mining rights which, albeit real in nature, will depend on compliance with provisions of the Act and the exercise of discre.Von by the Minister.

Resources of Kentucky; Mineral and water resources,

Includes bibliography.

The changing role of legislation related to forest conservation and forest resources development.

XVIII IUFRO World Congress, Ljubljana 1986.

Mineral and water resources of Washington : report ..

"Prepared by the United States Geological Survey in collaboration with the Washington State Department of Conservation, Division of Mines and Geology, and the United States Bureau of Reclamation, and other agencies, at the request of Senator Henry M. Jackson, chairman of the Committee on Interior and Insular Affairs, United States Senate."

Joint report on water and related resources development for Missouri River: Fort Peck Reservoir to vicinity of Fort Benton, Montana

Mode of access: Internet.

History of Texas, from its discovery and settlement, with a description of its principal cities and counties, and the agricultural, mineral, and material resources of the state.

Mode of access: Internet.

[Human and institutional resources development : (611-0206) project paper, Zambia.]

Title from cover of original work.

Mineral and water resources of New Mexico; Report ...

At head of title: 89th Congress, 1st session, Committee print.