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UNIVERSITY OF NAMIBIA
FACULTY LAW
DEPARTMENT Commercial Law
SUBJECT Mining Law
SUBJECT CODE | LPM 3870
DATE October / November 2016
: DURATION Three (3) Hours | MARKS 100
Regular Examination oo.
Examiner: Dr TV Warikandwa
Moderator: Prof PE Bondzi-Simpson
This question paper consists of 3 pages, including the cover page.
Instructions:
1) Answer ONE question from section A and ALL questions from section |
B.
2) Read carefully and understand the question before answering.
3) Candidates are required to refer to authority where necessary.
Section A (Choose only 1 question in this section)
Question 1A
in the past, mineral and petroleum resources were privately owned, meaning that
payment for the extraction of these resources was payable to the State only under
certain circumstances, €.g. where mining had been conducted on State-owned land.
Discuss the above outlined statement with reference to relevant legislative provisions
and examples.
[25]
OR
Question 1B
The principle of permanent sovereignty over wealth and natural resources has now
evolved into an important international legal principle governing the ownership,
control and development and exploitation of the wealth and natural resources of
states especially of developing countries. Discuss how this principle impacts on
Namibia's mining sector.
[25]
Section B (ALL questions in this section are Compulsory)
Question 2
2.1. Discuss the mechanics of acquisition of mining rights in Namibia. In your
response, identify the key issues that have to be addressed with regards to
the mechanisms of acquiring mining rights in Namibia.
[15]
2.2. Namibia’s entire environmental legal framework is currently undergoing
comprehensive revision and further development, but the rehabilitation of
mines remains unresolved
[10]
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