| (1) |
If in any area in the relevant province the MEC considers that because of violence, unrest or instability in any sector of the public transport industry in the area or between operators in the area, the safety of— |
| (a) |
passengers using the relevant services; or |
| (c) |
any other persons entering the area, |
has deteriorated to an unacceptable level, the MEC may, after consulting relevant planning authorities, by notice in the Provincial Gazette, define the area and declare it to be an area in respect of which the notification prescribing the extraordinary measures contemplated in subsection (2) may be made.
| (2) |
The MEC may, by notice in the Provincial Gazette, give notice that— |
| (a) |
one or more or all the routes or ranks in such a declared area are closed for the operation of any type of public transport service, for the period stated in the notice; |
| (b) |
any operating licence or permit authorizing any of the services referred to in paragraph (a) on a closed route or routes or at a closed rank or ranks in the declared area is suspended for the relevant period; |
| (c) |
subject to subsection (6), no person may undertake any of the services referred to in paragraph (a) on a closed route or routes or at a closed rank or ranks in the declared area or in terms of an operating licence or permit suspended as contemplated in paragraph (b) for the relevant period. |
| (3) |
Before making the notice in terms of subsection (2), the MEC must cause a notice to be published in the prescribed manner, stating— |
| (a) |
in summary form the nature and purpose of the proposed regulations; |
| (b) |
the route or routes and rank or ranks which are proposed to be closed, or that it is proposed to close all routes and ranks in the declared area; |
| (c) |
the period for which the proposed regulations will be in force; |
| (d) |
that interested or affected parties may request reasons for the proposed regulations; |
| (e) |
that any interested or affected persons are entitled to make representations; |
| (f) |
the time within which representations may be made, which may not be less than 24 hours; |
| (g) |
the address to which representations must be submitted, and |
| (h) |
the manner in which representations must be made. |
| (4) |
The MEC must consider any representations received under subsection (3) before making a regulation under subsection (2). |
| (5) |
The notification contemplated in terms of subsection (2) may provide that a contravention thereof or a failure to comply therewith constitutes an offence, and may prescribe penalties in respect thereof which may be a fine, or imprisonment for a period not exceeding six months. |
| (6) |
The notification may provide for the issuing of temporary permits to operators of motor vehicles of specified types, to operate services on a closed route or routes or at a closed rank or ranks for the period of their closure in substitution of the forbidden services. |
| (7) |
After giving notice as contemplated in subsection (3), the MEC may, by notice in the Provincial Gazette, temporarily suspend any operating licence or permit insofar as it authorizes public transport in a declared area on a route or routes or at a rank or ranks not closed in terms of the notice contemplated in terms subsection (2), for the period the MEC considers appropriate. |
| (8) |
The MEC may in a like manner and at any time amend the notification made in terms of subsection (1). |
| (9) |
The Minister may, after consulting the MEC and relevant planning authorities, exercise any of the powers of the MEC in this section. |
Protection of Businesses Act, 1978
