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

Chapter 5 : Safety Management

Part 3 : Non-railway operations affecting safety

31. Regulations regarding infrastructure or activity affecting safe railway operations

 

The Minister, after consultation with the members of the Executive Council responsible for transport in the various provinces, may make regulations on the following matters to the extent that they affect safe railway operations, namely—

(a) Fencing;
(b) mines and any other excavations;
(c) drainage;
(d) land use insofar as it impacts on any drainage affecting a railway;
(e) any construction activities above, below or adjacent to a railway;
(f) storage of materials adjacent to a railway;
(g) road level-crossings;
(h) security matters;
(i) the circumstances under which an operator is permitted to enter land adjacent to a railway and the circumstances under which compensation may be payable to such adjacent landowners;
(j) the size of, and location of, access to stations from property adjoining a station;
(k) the development of property adjoining a station;
(l) any other matter relating to non-railway operations affecting railway safety that the Minister considers necessary and desirable to prescribe for safe railway operations; and
(m) unlawful occupation which renders railway operations unsafe or has the potential to render them unsafe, subject to the provisions of any other legislation governing unlawful occupation.

 

 


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