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National Railway Safety Regulator Act, 2002 (Act No. 16 of 2002)

Chapter 4 : Safety Permits

23. Application for safety permit

 

(1) Application for a safety permit must be made to the chief executive officer of the Regulator.

 

(2)
(a) The Minister must annually determine fees that the Regulator must charge for safety permits, including a non-refundable application fee, which shall be published in the Gazette.

[Subsection (2)(a) substituted by section 11(a) of Act No. 69 of 2008]

(b) The fees contemplated in 2(a) may differ from operators as determined by the Minister.

 

(3) An application for a safety permit must—
(a) be made in the format determined by the Regulator;
(b) contain the additional information determined by the Regulator; and
(c) be accompanied by the non-refundable application fee and a safety management system report.

[Subsection (3)(c) substituted by section 11(b) of Act No. 69 of 2008]

 

 

(4) The chief executive officer—
(a) may require the applicant, at the applicant's expense, to provide him or her by a given date with—
(i) any information, in addition to the information contained in the application; and
(ii) an independent review of that information by a person acceptable to the board;
(b) may direct that an investigation be conducted on the effect of the proposed safety permit on safe railway operations;
(c) may invite written comments from any organ of state which has an interest in the matter; and
(d) must afford the applicant an opportunity to make representations on any aspect of the safety permit application.

 

(5) The chief executive officer may, at any stage of the application process, require the applicant to—
(a) publish a notice of his or her application in local newspapers and other media—
(i) describing the safety permit applied for;
(ii) stating that written objections on the grounds of the safe railway operations may be lodged against his or her application before a specified date, which may not be less than 60 days after the last publication of the notice;
(iii) giving an address where written objections must be lodged; and
(iv) containing such other particulars as the board map require;
(b) take such other steps as the chief executive officer may direct to bring the application to the attention of relevant organs of state, interested persons and the general public; and
(c) satisfy the chief executive officer that the interests of any other person are not adversely affected.

 

 


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