oa De Rebus - Mine or yours? A closer look at s 5 of the Mineral and Petroleum Resources Development Act : feature
The concept of absolute ownership is one that is deeply entrenched in our law. Ownership entails that the holder of a thing has absolute control over that particular thing, although there are limitations imposed by law. In mining law there has always been conflict between the holder of a title deed who, in most cases, is the surface landowner and the mineral right holder who, in most cases, has the rights to access and sever the minerals beneath the surface by virtue of various licenses granted under the Mineral and Petroleum Resources Development Act 28 of 2002 (the MPRDA).
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