| (1) |
For purposes of this section ‘‘previous Act’’ means the National Railway Safety Regulator Act, 2002 (Act No. 16 of 2002). |
| (2) |
The Minister must, within one year of commencement of this Act, review all regulations or notices contemplated in subsection (3) and unless the Minister within that one-year period confirms, by notice in the Gazette, that those regulations or notices remain in force, such regulations or notices must cease to be of force or effect at the end of that one-year period. |
| (3) |
Subject to subsection (2), all regulations or notices properly made or issued in terms of or under the previous Act remain in force as if they had been made or issued in terms of or under this Act. |
| (4) |
Any co-operative agreement or arrangement concluded by the Regulator in terms of section 6(2) of the previous Act upon the commencement of this Act, continues to be valid as if it had been concluded in terms of section 7(2)(b). |
| (5) |
Upon the commencement of this Act— |
| (a) |
every person permanently employed by the Regulator immediately prior to the commencement of this Act, is regarded as having been appointed in terms of section 24 of this Act, without interruption of service and on the terms and conditions applying to that person immediately prior to the commencement of this Act; |
| (b) |
every person contemplated in paragraph (a) remains subject to any decisions, proceedings, rulings and directions applicable to that person immediately before the commencement of this Act; |
| (c) |
any proceedings against a person which were pending in terms of, or under the previous Act immediately before the commencement of this Act, must be disposed of as if that Act had not been repealed; and |
| (d) |
the board of directors referred to in section 8 of the previous Act must continue to operate until the appointment of a new board in terms of this Act. |
| (6) |
Upon the commencement of this Act— |
| (a) |
all movable, immovable and intellectual property of the Regulator, including all financial, administrative and other records of the Regulator and all documents in the possession of the Regulator, remain that of the Regulator; |
| (b) |
the rights, duties, liabilities and obligations relating to the Regulator established in terms of the previous Act remain that of the Regulator; |
| (c) |
the Regulator remains as a litigant in all pending litigation or proceedings; |
| (d) |
all valid and binding agreements entered into by the Regulator remain binding on the Regulator; and |
| (e) |
all funds of the Regulator, immediately before the commencement of this Act, remain that of the Regulator. |
| (7) |
All permits issued in terms of, or under, the previous Act remain valid for the period indicated in the respective permits as if they had been issued in terms of this Act, but for the avoidance of doubt, this does not exempt the holder of a permit from paying any fees due in terms of or under this Act. |
| (8) |
All fees and penalties due or charged in terms of, or under, the previous Act are payable to the Regulator on the date when they become due, as if that Act had not been repealed. |
| (9) |
The Minister must, not later than the date of commencement of section 34, by notice in the Gazette, publish a timetable in respect of persons already appointed to, or performing work in, a safety critical grade position at the time of commencement of that section, specifying the date by which such persons must comply with that section, but such a timetable may not extend beyond two years of the commencement of that section. |
| (10) |
Despite section 34(2) and (3) any person appointed to or performing work in a safety critical grade position immediately prior to the commencement of section 34 may, until the date specified in terms of subsection (8), perform work in a safety critical grade position, and be appointed as such, without holding a safety critical grade licence. |
| (11) |
Section 38 of the previous Act remains in force, despite section 70, as if it had not been repealed, until the date of the commencement of Chapter 8 is fixed in terms of section 71(2). |
| (12) |
An institution providing training in safety critical grades may on commencement of the Act continue to provide any training which it had been providing prior that date, but that institution must within three months of— |
| (b) |
the commencement of regulations made under section 68, |
whichever is last, apply for registration as contemplated in section 35(1).
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