Communities sometimes hold private property rights in or adjacent to a protected area. Section 25 of the Constitution of the Republic of South Africa of 1996 (the Constitution) protects a person's private property in that ...

When mining companies extract minerals from the earth, they leave huge deposits of soil and ore next to the mining site. These deposits are commonly known as tailings. In most instances, tailings contain a considerable ...

The Water Resources Management Act 24 of 2004 will change the water regime in Namibia dramatically. Section 4 of the Water Resources Management Act provides for this change by excluding private ownership of water from ...

The concept "beneficial use" plays a pivotal role in South African water law reform. It forms the foundation of the mechanism to make water use rights available for the reform of the allocation of water use entitlements. ...

When the Property Valuation Act was passed in 2014, the Office of the Valuer-General was established to create valuation capacity within the state and assist the Minister with valuing land identified for acquisition as ...

Since the enactment of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) a fundamental conflict arose between the rights of a holder of either a prospecting or a mining right, and that of a landowner. ...

South Africa's water law dispensation has changed dramatically with the promulgation of the National Water Act 36 of 1998. The previous distinction between public and private water has been abolished and the Minister of ...

The Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) is premised on the principle that minerals are part of the natural heritage of all South Africans. Section 3 of the MPRDA articulates the core of the ...

The word expropriation is used in South Africa to describe the process whereby a public authority or institution takes property from a private person for public purposes against payment of compensation. The current Act ...