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

Chapter 9 : General and Miscellaneous

Part B : Regulations and notices

67. Regulations and procedure regarding compliance notices and penalties

 

(1) The Minister may, by notice in the Gazette, make regulations to provide that the Regulator may, in respect of a person who fails to comply with any provision of this Act, including any railway safety standard or condition of a safety permit imposed in terms of section 31
(a) issue a compliance notice to the person so failing to comply; and
(b) determine a penalty in respect of non-compliance with a notice under paragraph (a).

 

(2) Penalties imposed in terms of the regulations made under subsection (1) may differ between operators according to criteria prescribed by the Minister, and may include provisions providing for the reduction of penalties in certain circumstances.

 

(3) The proceeds of penalties paid in terms of or under this section do not form part of the funds of the Regulator and the Regulator must pay such proceeds into the National Revenue Fund contemplated in section 213 of the Constitution of the Republic of South Africa, 1996.

 

(4) The Regulator may recover penalties imposed in terms of regulations made under subsection (1) by civil action for disposition as contemplated in subsection (3).

 

(5) Any person aggrieved by a decision of the Regulator to impose a penalty contemplated in subsection (4) may appeal against that decision as provided for in Chapter 8.