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Railway Safety Act, 2024 (Act No. 30 of 2024)

Chapter 9 : General and Miscellaneous

Part B : Regulations and notices

63. Regulations regarding infrastructure or activity affecting safe railway operations

 

(1) Subject to subsection (2), the Minister may, after consultation with the members of the Executive Council responsible for transport in the various provinces, make regulations on the following matters:
(a) Mines and any other excavations, to the extent that the Mine Health and Safety Act and the Mineral and Petroleum Resources Development Act do not apply;
(b) drainage under or alongside tracks;
(c) any construction above, below or adjacent to a railway track within the area used by or reserved for railway activities;
(d) storage of materials adjacent to a railway track;
(e) road level-crossings, to the extent that road safety legislation does not apply; and
(f) the unlawful occupation of property owned by safety permit holders which renders railway operations unsafe or has the potential to render them unsafe, subject to any other law governing unlawful occupation or eviction from property unlawfully occupied.

 

(2) The regulations contemplated in subsection (1) must—
(a) affect safe railways and railway operations; and
(b) relate to property owned by safety permit holders.