Platinum Membership
R
Railway Safety Act, 2024 (Act No. 30 of 2024)Chapter 9 : General and MiscellaneousPart B : Regulations and notices61. Regulations and notices |
| (1) | The Minister may, subject to subsection (2), make regulations by notice in the Gazette regarding any matter required or permitted to be prescribed in terms of this Act, including— |
| (a) | any other place as a station or forming part of a station as contemplated in paragraph (b) of the definition of "station" in section 1; |
| (b) | any limitation on the board’s power contemplated in section 20(1) in respect of delegating any of the board’s functions, duties, powers or obligations; |
| (c) | matters provided for in sections 62 to 68; or |
| (d) | generally all matters that are necessary to be prescribed for the effective administration of this Act. |
| (2) | Any regulation or notice made in terms of this Act may provide that— |
| (a) | the contravention thereof, or failure to comply therewith, is an offence; and |
| (b) | a person convicted of that offence is punishable with a prescribed fine or a term of imprisonment not longer than the period so prescribed, but the prescribed fine may not, at the time of publication of that notice, exceed the amount prescribed in respect of one year of imprisonment, determined in accordance with the Adjustment of Fines Act, 1991 (Act No. 101 of 1991). |
| (3) | The Minister may request the Regulator to advise on any draft regulations for his or her consideration and any stakeholder may submit representations to the Minister on such proposed regulations. |
| (4) | The Minister must, before making any regulations in terms of this Act or issuing a notice in terms of section 66— |
| (a) | publish a notice in the Gazette— |
| (i) | setting out the draft regulations or draft notice, as the case may be; and |
| (ii) | inviting written comments to be submitted on the proposed regulations or notice, specifying an address to which, and a date before which, the comments may be submitted, which date may not be earlier than 30 days after publication of the notice; |
| (b) | implement further steps, if any, which may, in his or her opinion, be appropriate to bring the contents of the proposed regulations or notice to the attention of interested persons; and |
| (c) | consider all comments received on or before the date specified in paragraph (a)(ii). |
| (5) | When making regulations or issuing a notice, the Minister must take into account— |
| (a) | the impact of such regulations or notice on railway safety and operations; |
| (b) | the balance between the need for safe railway operations and the economic viability of new measures to achieve safe railway operations; and |
| (c) | whether the measures must apply to both traditional railway operations and rapid rail operations. |
