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The Mineral and Petroleum Resources Development Act (MPRDA - 28 of 2002) recognises that these natural resources belong to the South African Nation are not renewable and places the government in a custodial role to control their exploitation with a view to protecting the environment. The objective is to ensure that rural communities benefit and that all forms of discriminatory practice are eliminated from the industry. The Act covers all aspects of mining from prospecting, the granting of mining rights, the transfer of those rights and many other aspects of mining in South Africa. The problem with this legislation and the mining charter which goes with it, is that it must strike a balance between redressing the wrongs of the past and providing a legislative environment which encourages overseas investment into mining in South Africa.