Platinum Membership
R
Railway Safety Act, 2024 (Act No. 30 of 2024)Chapter 3 : Railway Safety Permits31. Conditions of safety permit |
| (1) | The Minister may, after consultation with the board, prescribe standard conditions applicable to a safety permit contemplated in section 30(1). |
| (2) | The Regulator may, subject to subsection (3) and in justifiable circumstances, impose special conditions in addition to and not inconsistent with the safety permit conditions contemplated in subsection (1) relating to any relevant matter, including— |
| (a) | the types of railway or railway operations authorised by the safety permit to be conducted or undertaken by the applicant; |
| (b) | the form, manner, timing and submission of any review of a safety management system report; |
| (c) | considerations in respect of the topography of the terrain where the railway or railway operations will be conducted or undertaken; |
| (d) | the transport of passengers, general freight or dangerous goods; |
| (e) | speed; |
| (f) | traction; |
| (g) | safety risk assessments; |
| (h) | notice to be given to the Regulator, in writing, of any change in control of the holder of the safety permit; or |
| (i) | any other technical or other matter necessary to— |
| (i) | ensure the safety and protection of persons with disabilities, other persons, property and the environment; or |
| (ii) | ensure compliance with the safety management system. |
| (3) | When considering whether to impose additional conditions as contemplated in subsection (2), the Regulator must ensure that any such additional condition— |
| (a) | is reasonable; |
| (b) | is unique to the person who submitted the application, depending on the content of the permit application and the types of railway or railway operations conducted or undertaken by the applicant; and |
| (c) | relates only to weaknesses identified in the safety permit application. |
