Property in Minerals and Petroleum

Product Details:
Author(s):
E van der Schyff
Year Published:
2016
Edition
1st Edition
Type:
Print | Soft Cover
Language:
English
About this publication
Property in Minerals and Petroleum is the first major academic text to analyse the state-custodianship concept in South African law with emphasis on its application in mineral and petroleum law. As such, the book seeks to stimulate academic discourse about the impact of the incorporation of state custodianship in this field of law.
The book considers the nature of mineral and petroleum rights in a state-custodianship model within a constitutional context. It clarifies the institutional regime change that lead to the regulatory context in which such rights now can be acquired, transferred or lost.
The first chapter of Property in Minerals and Petroleum focuses on the constitutional imperatives for reform in mineral and petroleum law, and on the changing concepts of property and landownership that paved the way for transformation. Further chapters evaluate the pre-2004 mineral and petroleum law dispensation and address the current dispensation under the Mineral and Petroleum Resources Development Act (MPRDA).
The section on the MPRDA focuses on the aims and objectives of the Act; the notion of state custodianship and its impact on existing property law; the meaning of the terms ‘mineral’ and ‘petroleum’; the nature, content and regulation of rights to minerals and petroleum; the acquisition, transfer and termination of such rights; and various miscellaneous aspects that straddle existing property law principles and the regulation of minerals and petroleum. 
About the Juta’s Property Law Library series:
Juta’s Property Law Library is aimed at revisiting and reassessing the whole of South African property law, which includes uncodified common law that is mostly embodied in case law and academic writing; and legislation, to establish:
how each aspect of property law was influenced by apartheid law;
its response to the new constitutional dispensation (as well as land reform), and;
whether it could make a contribution towards the transformation of South African law and society.
For this purpose, Juta’s Property Law Library will eventually consist of a number of monographs, each of which is focused on a specific aspect of property law.
Content
Catalysts of change
Common-law principles that shaped mineral & petroleum law in South Africa
Pre-2004 mineral and petroleum law
Objects of the MPRDA
State custodianship in South African jurisprudence: A historical perspective
State custodianship of the nation’s mineral and petroleum resources
Defining minerals and petroleum
Nature and content of rights to minerals
Nature and content of rights to petroleum
The acquisition of permissions, permits and rights to minerals and petroleum
The transfer, encumbrance and termination of rights to minerals and petroleum
Balancing interests
The way forward
Interest / Benefit to
Legal practitioners
Minerals and mining experts
Academics and students
Libraries