What is it about?
The acquisition, nature, content, transfer and loss of unused old order rights. Upon enactment of the Mineral and Petroleum Reources Development Act 28 of 2002 in South Africa transitional rights were recognised for different transitional periods. Holders of unused old order rights could apply for new prospecting or mining rights under the MPRDA.
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Why is it important?
It deals with the nature of these rights for purposes of the 'conversion' of rights of the old order to new order rights under the MPRDA. The nature of these rights needs to be understood to deal with the transitional measures
Perspectives
It is about the transition of mineral rights from the old order of mineral rights in South Africa to the new system under the MPRDA.
Pieter Badenhorst
Deakin University
Read the Original
This page is a summary of: The nature and features of ‘unused old order rights’ under the MPRDA revisited: The story of Gouws’ farm, South African Law Journal, January 2021, Juta and Company (Pty) Ltd,
DOI: 10.47348/salj/v138/i3a7.
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