"A legal analysis of the Mineral and Petroleum Resources Development Act (MPRDA) 28 of 2002" and its impact in the Limpopo Province"

Abstract

In terms of the previous mining legislation in South Africa, mineral rights were held privately and in some instances by the state. The Mineral and Petroleum Resources Development Act (MPRDA) now vests all mineral rights in the state. Through the transitional provisions included in the MPRDA, mining companies can convert their existing ‘old order’ rights to prospect and/or mine (previously granted under the now repealed Minerals Act) to the ‘new order’ rights introduced by the MPRDA. The purpose of the MPRDA is to ensure the sustainable utilisation of South Africa’s mineral and petroleum resources within a national environmental framework policy which primarily protects sensitive environments and the interests of affected communities, organisations and individuals, while promoting socio-economic development.