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.
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Showing 1 to 20 of 20 for “"Mineral and petroleum resources development act"”.
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The legal meaning of state custodianship in the context of the Mineral and Petroleum Resources Development Act 28 of 2002
The Mineral and Petroleum Resources Development Act, 2002 introduces a new mineral and petroleum law dispensation in South Africa. The introduction of the new dispensation follows the first democratic election in 1994 that required a reconsideration of the role of the state in the allocation and …
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A social and economic impact assessment of the South African mineral and petroleum resources development act on the small-scale diamond mining sector
… To address the disparity between the SSM sector and the large formal mining industry, a number of government initiatives have been introduced, the latest being the preparation of the Minerals and Petroleum Resources Development Act 28, which was finalized in October 2002. The Act, which has not …
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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
… hydrocarbon regulatory provisions per the Mineral and 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 …
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Dispute resolution under Section 54 of the MPRDA: An Imbalance of Conflicting Interests of the Landowner and the Right Holder
This dissertation examines the conflict between landowners and rights holders under the 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 …
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A comparative legal approach to mining rehabilitation funding schemes in South Africa and Western Australia
Despite the environmental and social challenges posed by historically abandoned mine sites to host communities, little effort has been made by the mining industry and governments to rehabilitate the environment. Mine rehabilitation projects are typically costly. In many instances, mining companies …
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Mineral royalties : a preview of the development of Mineral Royalty legislation in South Africa
A dynamic shift in the ownership, management and development of the country’s mineral heritage took place after the inauguration of the new political dispensation in South Africa in 1994. This resulted in the enactment of the Mineral and Petroleum Resources Development Act (28/2002) (MPRDA) in …
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Policy, Participation and Empowerment: A Case Study of Community Resistance to Shells Seismic Blasting in the Eastern Cape
… participatory rhetoric on the one hand, and neoliberal growth-centred rhetoric on the other; and how this has played out in the recent series of related court cases. The methodology employed was a case study design based on the judgments in a series of related court cases (2021 – …
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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.
Section 100 of the Mineral and 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 …
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Revenue income vs capital receipt: the validity of the basis for taxing receipts from mining operators in the hands of landowners
During the 1980’s and onwards, the Western Cape’s Tax and High Courts were inundated with cases relating to the capital vs revenue classification on receipts by landowners from mining operators. These cases became known, in the common parlance, as the Cape Sand Cases. The principles debated during …
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Consultation and consent under the MPRDA and the IPILRA: a legal analysis of the decision-making practices of customary communities in South Africa
Under the Mineral and 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 …
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Empowerment through mine community development: how the politics of development perpetuate poverty in mining areas – a legal theoretical analysis
The Mineral 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 …
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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
Mining activities, while of huge national economic benefit, severely disrupt traditional land usage, possession and ownership and severely pollute the natural environment. The Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) and the National Environmental Management Act 107 of …
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Regulating the disclosure of chemical additives in the hydraulic fracturing process: a comparative analysis between Canadian and South African Law
Broadly defined, hydraulic fracturing is a stimulation technique used in the oil and gas industry to create additional permeability through creating fractures in an unconventional gas reservoir. Desktop estimates predict that shale deposits beneath the semi-desert Karoo region in South Africa could …
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The Maledu and Baleni cases impact on customary communities vulnerability to expropriation
… 2018, two disputes between customary communities and entities seeking to exploit mineral resources came before the courts - Maledu v Itereleng Bakgatla Mineral Resources (Pty) Limited (“Maledu”) and Baleni v Minister of Mineral Resources (“Baleni”). In both cases, the courts found in favour of the …
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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
… the rationale behind the state custodianship of mineral resources in South Africa, as enshrined in the 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 …
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A critical analysis of how paragraph 5 of the tenth schedule interacts with section 20 of the income tax act
The oil and gas industry has the potential to contribute to the country's economic growth, job creation and energy security. Until 2006, the OP26 lease regime governed the taxation of South Africa's upstream oil and gas mining rights. As the expiration of this regime approached, which coincided …
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Towards a new understanding of mineral tenure security : the demise of the property-law paradigm
South Africa's rich mineral endowment makes it a geologically favourable country for investment in its mining industry. However, even countries with geologically favourable conditions will not attract investment in its mining sector if the regulatory regime does not provide certainty and stability. …
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Development of framework for streamlining prospecting and mining right application process in South Africa
… contributors to South Africa's social and economic progress. South Africa is endowered with a diverse of minerals and mining activities are driven by large corporations and small-scale miners. However, the legislative uncertainty undermines the role of the small miners in society and …
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Developing a national mine closure risk and opportunities atlas in GIS for South Africa
Mining is entrenched in South Africa's history and has played a crucial role in the country's socio-economic and geopolitical development. There are currently 230 operating large-scale mines owned by 104 mining companies and hosted by 360 urban and rural communities across South Africa, comprising …
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A framework for integration of Mining Charter III for inclusive procurement, supplier and enterprise development by mining organisations in Mpumalanga province
… socio-economic transformation, local economic development, including the development of suppliers and enterprises are at the peak of the public domain discussions. The publication of Mining Charter III on 27 September 2018 and the announcement of the abolishment of Mineral and Petroleum …