"Minerals", "petroleum" and "operations" in the Mineral and Petroleum Resources Development Act 28 of 2002 : a geologist as devil's advocate for a change? "

This article examines the meaning of "minerals", petroleum, "operations" and activities in relation to such substances to determine the ambit of the application of the Minerals and Petroleum Resources Development Act 28 of 2002, the type of rights necessary for such operations and activities and the ambit of these rights. The examination of the meaning of these concepts takes place with reference to prior definitions in statutes and also from a natural science and geology perspective. An attempt is made to show that the legal definitions do no always correspond with the geological meanings and the meanings on the ground. It is questioned whether in recent legislation why more reliance is not placed on input from geologists in the field.

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

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.

Mining Law Reform Act of 1991 and the Minerals Policy Review Commission Act of 1991 : hearing before the Subcommittee on Mineral Resources Development and Production of the Committee on Energy and Natural Resources, United States Senate, One Hundred Second Congress, first session, on S. 433 ... S. 785 ... June 11, 1991.

Item 1040-A, 1040-B (MF).

Mining laws of 1872 and 1989 : hearing before the Subcommittee on Mineral Resources Development and Production of the Committee on Energy and Natural Resources, United States Senate, One Hundred First Congress, first session, on S. 1126 ... June 7, 1989.

"September 13, 1990".

Earth resources activities on Crown land: guidelines and procedures for land managers

The purposes of this document are to:
• outline some processes in relation to the administration and/or handling of earth resources activities (particularly exploration and mining for minerals) on Crown land;
• provide Crown land managers with guidelines and procedures to assist in administration of exploration and mining cases;
• provide a broad framework within which regional or localised guidelines and procedures can be developed or utilised;
• provide guidance to proponents wishing to undertake exploration or mining for minerals on Crown land.

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

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.

Royalty Management Program : hearing before the Committee on Mineral Resources Development and Production of the Committee on Energy and Natural Resources, United States Senate, One Hundredth Congress, second session ....

"July 12, 1988" -- pt.2.

Lapsed prospecting rights : "the custodian giveth and the custodian taketh away"? Palala Resources (Pty) Ltd v Minister of Mineral Resources and Energy

The decision in Palala Resources (Pty) Ltd v Minister of Mineral Resources and Energy & others 2014 (6) SA 403 (GP) (‘Palala Resources’) brings clarity about the lapsing of a company’s prospecting right in terms of s 56(c) of the Mineral and Petroleum Resources Development Act 28 of 2002 (‘the MPRDA’) upon deregistration of the company, and highlights some of the features of a statutory prospecting right. Section 56(c) determines that a company’s prospecting right will lapse upon deregistration of the company if no prior application has been made, in terms of s 11(1) of the MPRDA, to the Director-General of the Department of Mineral Resources for consent to alienate or transfer the right (item 1 of the Ministerial delegation of 12 May 2004). The principles underlying the decision could also be applied to mining rights granted in terms of the MPRDA. By way of introduction, these rights are briefly sketched before the decision will be set out and discussed. It will be argued that the case shows that despite the public law nature of the MPRDA, there is the need for a proper private-law analysis of these statutory rights.