Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
Results
Showing 1 to 17 of 17 for “"MPRDA"”.
-
Dispute resolution under Section 54 of the MPRDA: An Imbalance of Conflicting Interests of the Landowner and the Right Holder
… Mineral and Petroleum Resources Development Act (MPRDA). The MPRDA empowers the minister to grant prospecting rights, impacting landowners' rights. While compensation is available for losses, delays in resolving disputes may stall prospecting operations. The dissertation argues that the current …
-
Gold mining taxation in South Affrica : a discussion of the MPRDA, its amendments and whether internal inconsistencies exist in the mining legislation
… and government taxation revenue of the MPRDA, specifically on gold mining taxation in South Africa, is discussed. An important objective of the Act is to deal with past injustices. The Act results in a change in the ownership of minerals, where all mineral rights will vest in the state. …
-
Consultation and consent under the MPRDA and the IPILRA: a legal analysis of the decision-making practices of customary communities in South Africa
… Petroleum Resources Development Act 28 of 2002 (MPRDA), the State, as custodian of mineral resources, has the authority to grant rights to minerals and permits in favour of applicants that satisfy the requirements of the prescribed application procedures. Applicants for rights to minerals and …
-
The rationale for state custodianship of mineral resources under the MPRDA: a conceptual analysis of equitable access to the mining industry and black economic empowerment
… Mineral and Petroleum Resources Development Act (MPRDA) 28 of 2002. This legislative framework marked a significant shift from private to state control over the country's mineral wealth, aiming to correct historical injustices rooted in colonial and apartheid policies. Central to the MPRDA is the …
-
The legal meaning of state custodianship in the context of the Mineral and Petroleum Resources Development Act 28 of 2002
… the principle of state custodianship. Whilst the MPRDA does not define state custodianship, the courts have been hesitant in providing an interpretation. Historically, the majority of South Africans were excluded from the allocation and exploitation of mineral and petroleum resources caused by …
-
The Regulation of South Africa's Emerging Hydrocarbon Sector: A purposive analysis of the Upstream Petroleum Resources Development Act 23 of 2024 compared to the Mineral and Petroleum Resources Development Act 28 of 2002
… Petroleum Resources Development Act 28 of 2002 (MPRDA) and the recently enacted Upstream Petroleum Resources Development Act 23 of 2024 (UPRDA). Reform of South Africa's hydrocarbon regulatory framework was prompted by natural gas discoveries in the offshore Outeniqua Basin and the Karoo's shale …
-
Consent and consultation under IPILRA and the MPRDA concerning ancestral land of customary communities: incorporating the free, prior, and informed consent principle into South African National Legislation
… Resources and Development Act 28 of 2002 (MPRDA) requires an applicant for a right to a mineral or a mining permit to consult with the landowner, lawful occupier, or any interested and affected parties. The MPRDA does not require the applicant for a right to a mineral or a mining permit to …
-
A legal analysis of the relationship between, and role of, Consultation under the MPRDA and Public Participation under NEMA in safeguarding the environmental and health rights of mining communities
… Petroleum Resources Development Act 28 of 2002 (MPRDA) and the National Environmental Management Act 107 of 1998 (NEMA) aim to ensure meaningful public participation of members of the community, lawful owners of land and interested and affected persons. This minor dissertation aims to unpack and …
-
The Maledu and Baleni cases impact on customary communities vulnerability to expropriation
… and Petroleum Resources Development Act (“MPRDA”) foresees this possibility by empowering the Minister of Mineral Resources to expropriate land for the purposes of mining. Further, the research shows, the Maledu judgment has disabled mining where a dispute resolution process under section …
-
Mineral royalties : a preview of the development of Mineral Royalty legislation in South Africa
… Petroleum Resources Development Act (28/2002) (MPRDA) in 2002. In accordance with the MPRDA the country’s mineral and petroleum resources are the common heritage of the people of South Africa and the State acts as the custodian of these resources for the benefit of all people. In this capacity, …
-
A just transition towards sustainable development: A legal analysis of the transition to a low-carbon economy in the South African mining industry in the context of sustainable development.
… Petroleum Resources Development Act 28 of 2002 (MPRDA) mandates the Broad-Based Socio-economic Empowerment Charter for the Mining and Minerals Industry (the Mining Charter) to outline how the MPRDA's objectives of redressing historical social and economic inequities can be met. However, the MPRDA …
-
Revenue income vs capital receipt: the validity of the basis for taxing receipts from mining operators in the hands of landowners
… of this study, which is the introduction of the MPRDA (Mineral and Petroleum Resources Development Act, 2002). Relying on the MPRDA, along with court cases challenging some of its content, the position of landowners is distinguished from that held during the formation of the common law on the …
-
Unshackling South African artisanal miners: Considering Burkina Faso's legislative provisions as a guideline for legalisation and regulation
… the Mineral and Petroleum Development Act (MPRDA) 24 of 2002. This contrasts with the reality in Burkina Faso, and numerous African jurisdictions, where mining provisions regulate this rudimentary form of small-scale mining. Without formal recognition, the socio-economic potential of …
-
Empowerment through mine community development: how the politics of development perpetuate poverty in mining areas – a legal theoretical analysis
… and Petroleum Resources Development Act (“MPRDA”) and the Broad-Based Socio-Economic Empowerment Charter for the South African Mining and Minerals Industry (“Mining Charter”), created in terms of the MPRDA, aim to address the exploitative legacies of past discriminatory practices in the …
-
Towards a new understanding of mineral tenure security : the demise of the property-law paradigm
… Mineral and Petroleum Resources Development Act (MPRDA) came into operation in 2002. This thesis demonstrates that the Act brought about significant changes to the theoretical landscape of mineral law. Before the MPRDA, the regime pertaining to minerals was based on a combination of private …
-
A comparative legal approach to mining rehabilitation funding schemes in South Africa and Western Australia
… Mineral and Petroleum Resources Development Act (MPRDA) of 2002, and the Regulations pertaining to the Financial Provision for Prospecting, Exploration, Mining, or Production Operations, including National Environmental Management Act: Regulations: Financial provision for prospecting, exploration, …
-
Development of framework for streamlining prospecting and mining right application process in South Africa
… Mineral and Petroleum Resources Development Act (MPRDA), 28 of 2002, was meant to address the imbalances of the past which amongst others include inequitable access to “the nation's mineral and petroleum resources”. Some of the requirements needed for exploration and mining rights applications to …