| (1) |
A person may be exempted, upon application in terms of this section, from compliance with any provision of this Act other than this section. |
| (2) |
A person may, in the prescribed manner and form, apply to the Minister for an exemption contemplated in subsection (1), which application must be accompanied by— |
| (a) |
a motivation for the application; |
| (b) |
supporting documents as may be prescribed; and |
| (c) |
such other relevant documents as directed by the Minister. |
| (3) |
The applicant must, in a manner and form as may be requested by the Minister, appoint an independent service provider for that applicant’s account, to determine the impact of the proposed exemption. |
| (4) |
The Minister must provide the Regulator with a copy of the application contemplated in subsection (2) in order for the Regulator to, within a reasonable time, make a recommendation to the Minister. |
| (5) |
The Minister may, before considering the application contemplated in subsection (2), and after making a determination that the rights, duties or interests of the general public or persons are likely to be adversely affected by the exemption— |
| (a) |
publish the application for public comment by notice in the Gazette and the Regulator’s website, or by such other means as the Minister may determine; and |
| (b) |
require the applicant to respond to the comments received. |
| (6) |
The Minister must, after consideration of the Regulator’s recommendation on the application, comments received from the public and other stakeholders and any other documents submitted to him or her, within a reasonable time, make a decision on the application, by taking into account whether— |
| (a) |
the granting of the exemption is likely to impact negatively on the safety of the general public; |
| (b) |
the granting of the exemption is likely to benefit one section of or participant in the railway industry to the detriment of others; and |
| (c) |
granting the application for exemption would not defeat the purposes of the Act. |
| (7) |
A decision by the Minister to approve the application for exemption must be in writing and published by notice in the Gazette, which notice must include— |
| (a) |
reference to the provision of the Act, regulation, notice or standard from which exemption is granted; |
| (b) |
details of the person to whom the exemption applies; |
| (c) |
the date from which and the date up to when the exemption applies; |
| (d) |
conditions that apply to the exemption, if any; |
| (e) |
the reasons for granting the exemption; |
| (f) |
a declaration that the granting of an exemption does not create any special rights or legitimate interests which may apply to the category of persons so exempted; and |
| (g) |
a declaration that any exemption granted may be amended or withdrawn, subject to the provisions of this section. |
| (8) |
The exemption granted in terms of this section may not— |
| (b) |
be applied retrospectively; or |
| (c) |
be extended upon expiry or withdrawal. |
| (9) |
The Minister must, if he or she intends to amend, suspend or withdraw an exemption granted in terms of this section, in writing, inform the person to whom the exemption has been granted of that intention, together with all relevant information pertaining to this matter, and afford that person a reasonable opportunity to make submissions to the Minister, upon which the Minister may, after consideration of those submissions, on good grounds, amend, suspend or withdraw that exemption. |
| (10) |
If the Minister amends, suspends or withdraws an exemption in terms of subsection (9), his or her decision must be published by notice in the Gazette, which notice must include— |
| (a) |
if the exemption is amended or suspended, details of the notice contemplated in subsection (7); |
| (b) |
if the exemption is amended, the nature and extent of the amendment; |
| (c) |
if the exemption is suspended, the period of such suspension, which may be conditional; |
| (d) |
if the exemption is withdrawn, a revocation of the notice contemplated in subsection (7); |
| (e) |
the date from which the exemption is amended, suspended or withdrawn, as the case may be, which may not be within a period less than two months of the date of publication of that notice; and |
| (f) |
the reasons for amending, suspending or withdrawing the exemption. |
| (11) |
The Minister must cause any notice published in the Gazette in terms of subsection (7) or (10) to be tabled in Parliament— |
| (a) |
within 14 days after publication thereof, if Parliament is then in ordinary session; or |
| (b) |
within 14 days after the commencement of its next ordinary session, if Parliament is not then in ordinary session |
[Section 4 excluded from commencement date of 1 August 2025, as per Proclamation Notice 269, GG52947, dated 7 July 2025]
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