Ownership of Minerals Under the New Legislative Framework for Mineral Resources

The Mineral and Petroleum Resources Development Act 28 of 2002 has elicited controversy surrounding the ownership of unsevered minerals. This contribution discusses the opinions of various authors against the background of well-defined common law principles. The state’s role as custodian and the Anglo-American concept of the public trust is also discussed. Finally, this contribution examines possible interpretations of section 3(1) of the Act and the effect that these possible interpretations would have on the ownership of severed and unsevered minerals