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a692008.pdf | 153.42 KB |
69 of 2008
The National Railway Safety Regulator Amendment Act 69 of 2008 aims:
- to amend the National Railway Safety Regulator Act, 2002, so as:
- to amend certain definitions and to insert others;
- to extend the ambit of a threat to safety to include behaviour;
- to empower the Minister to include monorail systems, trams, systems running on pneumatic tyres and railways running on narrow gauges within the ambit of the Act;
- to empower the Regulator to exempt railways;
- to clarify that operators remain responsible for railway safety;
- to remove the duty to promote the use of rail directly from the Regulator's objects;
- to empower the Regulator to enter into informal arrangements with role players;
- to clarify the role of operator associations;
- to clarify the role of the Regulator in relation to the transportation of dangerous goods by rail;
- to revise the provisions regarding the terms and conditions of service of the chief executive officer;
- to require the Regulator's annual report to be submitted within five months after the financial year end;
- to provide for the appointment of staff members by the chief executive officer;
- to provide that the board approves the conditions of service of staff members;
- to empower the chief executive officer to delegate his or her powers and duties;
- to extend the Regulator's funds to include penalties and fees for providing services and other prescribed sources;
- to provide that the Regulator may charge fees for administering safety permits;
- to clarify the types of permits in connection with which standards may be imposed;
- to empower the Minister to make regulations to adopt and accept existing standards as well as to develop new ones;
- to provide that the chief executive officer appoints inspectors;
- to empower inspectors to audit, inspect and investigate the transportation of dangerous goods prior to their transportation by rail should a railway occurrence happens;
- to provide that operators investigate railway occurrences and to empower the Regulator to take steps if they fail to do so;
- to empower the board of the Regulator to subpoena witnesses and documents in connection with investigations;
- to clarify the circumstances in which the Regulator may request information;
- to empower the Minister to make regulations for the payment of penalties by operators who default; and
- to provide for matters connected therewith.
Commencement
21 September 2009, except for section 11 that commences on 1 November 2010 (Gazette 32589 of 21 September 2009)