In 2002 the Mineral and Petroleum Resources Development Act 28 of
2002 (MPRDA) was promulgated to regulate the exploitation of minerals
and petroleum in South Africa. With the promulgation of the MPRDA
landowners’ rights regarding the minerals embedded in their land have
been annihilated. South Africa’s mineral and petroleum resources were
statutorily bequeathed to all the people of South Africa and the state was
statutorily appointed as the custodian thereof for the benefit for all South
Africans. All the rights to minerals have been severed from the
ownership of land and the MPRDA does not recognise the existence of
common law mineral rights as they existed directly before the MPRDA
took effect. As a result thereof, landowners are not entitled to
compensation for the loss of the minerals that are mined from the soil of
their land. In addition, landowners ostensibly no longer possess the right
to enforce negotiations regarding compensation for losses suffered or
damages caused during the course of mining operations.
It is against this background that this study seeks to determine to what
extent the MPRDA or common law provide for the protection of
landowners’ rights regarding compensation claims against the holder of
statutory prospecting or mining rights for the infringement of their
ownership brought about by mining activities on their land. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2015
| Identifer | oai:union.ndltd.org:NWUBOLOKA1/oai:dspace.nwu.ac.za:10394/15188 |
| Date | January 2014 |
| Creators | Draper, Richard William |
| Source Sets | North-West University |
| Language | English |
| Detected Language | English |
| Type | Thesis |
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