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TENSHION

MINING & CONSTRUCTION

mineral rights custodianship

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South African law of lease - Wikipedia

The South African law of lease is an area of the legal system in South Africa which describes the rules applicable to a contract of lease (or letting and hiring, Lat locatio conductio, Afrik huur en verhuring).: 906 This is broadly defined as a reciprocal agreement between two parties, the lessor and the lessee, in terms of which one, the lessor, binds himself to give the other, the lessee ...

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South African Revolutionizing Foreign Investment ...

demonstrate in their applications for prospecting or mining rights how they will "further the expansion of opportunities for historically disadvantaged persons and promote social and economic welfare."15 The MPRDA essentially terminated private mineral rights and gave custodianship of all of South Africa's mineral resources in the state.16

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South African law of lease - Wikipedia

The South African law of lease is an area of the legal system in South Africa which describes the rules applicable to a contract of lease (or letting and hiring, Lat locatio conductio, Afrik huur en verhuring).: 906 This is broadly defined as a reciprocal agreement between two parties, the lessor and the lessee, in terms of which one, the lessor, binds himself to give the other, the lessee ...

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Local Content - South Africa Mining and Petroleum - CCSI ...

of mineral rights to a new-order rights system of government custodianship of mineral rights (2004-2014), compliance with the Mining Charter scorecard was a requirement for mining companies to obtain conversions of their rights (Mining Charter 2004).

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How to Transfer Mineral Rights: 8 Steps (with Pictures ...

 · Mineral rights are legal rights to any mineral on a piece of land. Minerals include gold, silver, coal, oil, and gas. If you want to transfer the rights to these minerals to another party, you can do so in a variety of ways: by deed, will, or lease.

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To Dig or not to Dig – Surface Owners' Rights Versus the ...

The MPRDA ushered in some radical concepts including placing all mineral rights under the custodianship of the state. Although the environmental authorisation procedure is not too different from the MPRDA's predecessor, the Minerals Act, 50 of 1991, the duty is placed on the Department of Minerals & Energy (DME) to issue a mining or prospecting ...

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News24.com | Xolobeni - the mine, the murder and the DG

An important factor was that under the old mineral rights regime, the Department of Environmental Affairs and Tourism (DEAT) had to grant approvals independently from DME - and it emerged that DEAT had "grave concerns" about the case for mining.

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SA LAW TIPPER: MINERAL LAW

The new mineral-law dispensation introduced a system of state custodianship as the basis for regulatory control over minerals and mining, and also made it clear that the only way to acquire new rights is to obtain them from the state.

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EXTRACTIVE INDUSTRIES AND CORPORATE SOCIAL …

Mining industry post state custodianship of mineral rights: Mining industry post state custodianship of mineral rights: Liberalization of mining industry Mining regulation in line with international practice Development of junior mining sector Mushrooming of exploration companies

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The South African mineral and petroleum resources royalty ...

Custodianship over mineral and petroleum resources became the justification for replacing the fragmented and inequitable State mineral royalty system of the past. Packaging the South African royalty debate into Draft Bills. After vesting mineral custodianship in the State, the next step was to initiate the process of designing the new royalty.

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SA LAW TIPPER: April 2017

 · The new mineral-law dispensation introduced a system of state custodianship as the basis for regulatory control over minerals and mining, and also made it clear that the only way to acquire new rights is to obtain them from the state.

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Kansas Department of Health and Environment

 · 5220.09 Oil Royalties/Mineral Rights - Payments from Oil Royalties and Mineral rights are countable. Verification is required. 5220.10 Pensions - Income payments from a pension are countable. Benefits are considered the income of the person for whom they are intended.

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Social licence to operate and the granting of mineral ...

Social licence to operate and the granting of mineral rights in sub-Saharan Africa: ... (MMA 706) upheld the 1962 Minerals Act's custodianship of minerals by the State. 7 This meant that the exclusive right to minerals is preserved for the State in trust for the people. Thus, customary land owners that are expropriated may be given 'surface ...

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Hanri Mostert | University of Cape Town

Van Niekerk H, & Mostert H, "Expropriation of Unused Old Order Mineral Rights: The Court has its First Say" 2010 (1) Stellenbosch Law Review 158-171 11. Badenhorst PJ & Mostert H, "Duelling Prospecting Rights: A Non-Custodial Second?" 2008 (4) Tydskrif vir die Suid-Afrikaanse Reg, 819-833 12.

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South African mining industry at a crossroads: Webber ...

The act, which substituted private mineral rights titles with one of "state custodianship" and conditional state licences, combined with other legal provisions such as black economic ...

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Expropriation of old order mining rights: the ...

compensation claim which was brought in terms of Schedule II to the Mineral and Petroleum Resources Development Act, 28 of 2002 ("the MPRDA"). Agri SA claimed its old order mining rights were expropriated by the promulgation of the MPRDA, which deprived it of its rights and placed those rights in the custodianship of the State.

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Mining & Resources | Werksmans Attorneys

Few industries have changed as dramatically as South Africa's mining and energy sector. Once dominated by a handful of private mining companies, the sector has seen private ownership of mineral rights converted to state custodianship, a new-order licensing regime and black economic empowerment obligations imposed on local and foreign players.

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2006/2007 South Africa Yearbook: 16 - Minerals, energy and ...

the registration of rights. The NMPS enables the department to improve on turnaround time when processing applications, and to maintain proper management and administration of mineral-related rights and permits. Between the promulgation of the MPRDA, 2002 and June 2006, the department had received 7 500 applications for all types of rights ...

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Black economic empowerment status report | Assore

Instead, pursuant to the MPRD Act and with effect from 1 May 2004, the State has assumed sovereignty and custodianship of all mineral rights in South Africa and will grant prospecting rights and mining rights to applicants based on the merits of their applications (which are designated as new-order rights).

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Mineral rights - Wikipedia

Mineral rights are property rights to exploit an area for the minerals it harbors. Mineral rights can be separate from property ownership (see Split estate). Mineral rights can refer to sedentary minerals that do not move below the Earth's surface or fluid minerals such as oil or natural gas.

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Xolobeni — the mine, the murder and the DG - amaBhungane

An important factor was that under the old mineral rights regime, the Department of Environmental Affairs and Tourism (DEAT) had to grant approvals independently from DME – and it emerged that DEAT had "grave concerns" about the case for mining.

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The 'Thing ' called 'Mineral Right' : Re-Examining the ...

It introduced mineral rights holders as interested parties in all treatment of and dealings with land and minerals. Specifically in terms of the common law, the holder of a certificate of mineral rights automatically had a mineral right in respect of a portion of land, …

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» Florida Statutes > Chapter 607 > Part I – General ...

Terms Used In Florida Statutes > Chapter 607 > Part I. Abatement: means the removal, encapsulation, enclosure, or disposal of asbestos.See Florida Statutes 607.0201; Administrative Procedures Committee: means a committee designated by joint rule of the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives.

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EXTRACTIVE INDUSTRIES AND CORPORATE SOCIAL …

Mining industry post state custodianship of mineral rights: Mining industry post state custodianship of mineral rights: Liberalization of mining industry Mining regulation in line with international practice Development of junior mining sector Mushrooming of exploration companies

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Landowner, Rights Holder In Gems Battle - Energy and ...

 · The Minerals and Petroleum Resources Development Act ushered in some radical concepts including placing all mineral rights under the custodianship of the state. Although the environmental authorisation procedure is not too different from the act's predecessor, the Minerals Act 50 of 1991, the duty is placed on the minerals and energy department ...

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DRAFT GREEN PAPER

processes of acquiring mineral rights and discharging their licence obligations. The ASM sub-sector is being excluded from diamond mining, however, Government, through decentralized regulation and support, aims to make the sub-sector safe, orderly and environmentally sustainable.

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South African property law - Wikipedia

South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection ...

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Your Mineral Rights: Sell, Lease or Just Hold On To It ...

 · Your Mineral Rights: Sell, Lease or Just Hold On To It? If there is one thing that's certain about selling mineral rights, it's the cash that is ready to …

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The Dark Places of Capitalism: Mineral Rights and the ...

Mineral rights and Capitalism in post-1994 South Africa 42. v. 4.1 Definition of a Mineral and a Mineral Right 43 ... I propose that the problem with custodianship. 5. lay in the contradictory responsibilities of the minister, and that too high expectations are placed on the minister to act . bona fide.

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South African mining industry at a crossroads: Webber ...

The act, which substituted private mineral rights titles with one of "state custodianship" and conditional state licences, combined with other legal provisions such as black economic ...

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