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Property Rights Across Sustainable Landscapes: Competing Claims, Collapsing Dichotomies, And The Future Of Property

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Chapter Summary

This chapter focuses on the extent and consequences of the transformation for environmental law (focused on natural resources law), and explores the ramifications for property law in general. The chapter addresses the nature of property subject to public trusteeship, the guarantees that public trusteeship offers related to sustainable development, and the impact of the introduction of the concept of public trusteeship on the current property rights regime in South Africa. For the purpose of this chapter, the discussion of the concept of public trusteeship is restricted to two relevant acts, the National Water Act 36 of 1998 (NWA) and the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA). The curtailment of private rights is consistent with the current development of the property concept in South African law.

Keywords:MPRDA; National Water Act (NWA); property rights; public trusteeship; South African law



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