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Railway Safety Act, 2024 (Act No. 30 of 2024)Chapter 3 : Railway Safety Permits30. Safety permits |
| (1) | An operator or other person who intends to undertake or operates any railway or railway operation must apply to the Regulator, in the prescribed manner, for a safety permit, but in the case of a person who is contemplated in paragraph (e) of the definition of operator, that person must, for purposes of this Chapter, be regarded as being the applicant or safety permit holder. |
| (2) | The safety permit holder must annually pay the safety permit fee applicable to the safety permit, in respect of every type of railway or railway operation authorised in that safety permit, as determined by the Minister in accordance with section 66(1), irrespective of the period of validity of that safety permit. |
| (3) | The Regulator may not unreasonably withhold its approval of any application contemplated in subsection (1). |
| (4) | The Regulator may, upon receipt of any application contemplated in subsection (1), prior to taking a decision, require the applicant— |
| (a) | to submit additional information relating to railway safety as specified by the Regulator; |
| (b) | subject to section 40(2), cause an independent review to be conducted of the information or evaluation of the samples or objects supplied by a person approved as prescribed by the Regulator; |
| (c) | to make representations in support of the application, including on whether the interests of any other person will be adversely affected, should the application be approved; or |
| (d) | to take such steps as the Regulator may direct to bring the application to the attention of relevant organs of state and interested persons. |
| (5) | The Regulator must, after considering an application contemplated in subsection (1) or an application for renewal contemplated in subsection (8), notify the applicant, in writing, of the outcome of the application, and if the application— |
| (a) | is approved, the Regulator must, in that notice, specify— |
| (i) | the period of validity of a safety permit contemplated in subsection (1), which period may not be less than three years or more than five years and must be determined by the Regulator, taking into account the requirements and interests of railway safety; |
| (ii) | the types of railway operations authorised by or under that safety permit; |
| (iii) | the conditions subject to which the safety permit is granted; and |
| (iv) | if applicable, the date by when the fee contemplated in subsection (2) or a levy contemplated in any legislation providing for the imposition of levies, must be paid by the applicant in respect of that specific safety permit; or |
| (b) | is not approved, the Regulator must provide reasons for not approving the application and draw the applicant’s attention to Chapter 8, but if the Regulator has not, within 30 days of a receipt of an application or an application for renewal contemplated in subsection (8), which was submitted timeously, informed the applicant of the outcome of the application, subsection (10) does not apply. |
| (6) | The Regulator may only issue a safety permit to an applicant, if the applicant has paid— |
| (a) | the safety permit fee contemplated in subsection (2) for the first year of its validity; and |
| (b) | any applicable levy contemplated in any legislation providing for the imposition of levies relating to safety permits. |
| (7) | The Regulator must include the information referred to in subsection (5)(a) in every safety permit issued. |
| (8) | A permit holder must, in the prescribed manner, apply to the Regulator for the renewal of a safety permit, at least three months prior to the expiry of the existing safety permit. |
| (9) | A safety permit issued under this Act is not transferable. |
| (10) | Any person who undertakes a railway or railway operation without a valid safety permit is guilty of an offence. |
