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n Without Prejudice - A victory for land owners : mining / land law
Case Law: Bengwenyama Minerals (Pty) Ltd and others v Genorah Resources (Pty) Ltd and others (2010) ZACC 26:
The consultation process required by s16 (4)(b) of the Mineral and Petroleum Resources Development Act 28 of 2002, (the MPRDA) requires that the applicant of a prospecting right must inform the landowner in writing that his application for prospecting rights on the owner's land has been accepted for consideration by the Regional Manager concerned; inform the landowner in sufficient detail what the prospecting operation will entail, in order for the landowner to assess what impact the prospecting will have on his/her use of the land; consult with the landowner with a view to an agreement satisfying both parties in regard to the impact of the proposed prospecting operation; and submit the results of the consultation process to the Regional Manager within 30 days of receiving notification to consult.
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