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National Railway Safety Regulator Amendment Act, No. 69 of 2008

Long title

To amend the National Railway Safety Regulator Act, 2002, so as to amend certain definitions and to insert others; to extend the ambit of a threat to safety to include behaviour; to empower the Minister to include monorail systems, trams, systems running on pneumatic tyres and railways running on narrow gauges within the ambit of the Act; to empower the Regulator to exempt railways; to clarify that operators remain responsible for railway safety; to remove the duty to promote the use of rail directly from the Regulator's objects; to empower the Regulator to enter into informal arrangements with role players; to clarify the role of operator associations; to clarify the role of the Regulator in relation to the transportation of dangerous goods by rail; to revise the provisions regarding the terms and conditions of service of the chief executive officer; to require the Regulator's annual report to be submitted within five months after the financial year end; to provide for the appointment of staff members by the chief executive officer; to provide that the board approves the conditions of service of staff members; to empower the chief executive officer to delegate his or her powers and duties; to extend the Regulator's funds to include penalties and fees for providing services and other prescribed sources; to provide that the Regulator may charge fees for administering safety permits; to clarify the types of permits in connection with which standards may be imposed; to empower the Minister to make regulations to adopt and accept existing standards as well as to develop new ones; to provide that the chief executive officer appoints inspectors; to empower inspectors to audit, inspect and investigate the transportation of dangerous goods prior to their transportation by rail should a railway occurrence happens; to provide that operators investigate railway occurrences and to empower the Regulator to take steps if they fail to do so; to empower the board of the Regulator to subpoena witnesses and documents in connection with investigations; to clarify the circumstances in which the Regulator may request information; to empower the Minister to make regulations for the payment of penalties by operators who default; and to provide for matters connected therewith.

Table of contents

1. Amendment of section 1 of Act 16 of 2002
2. Amendment of section 3 of Act 16 of 2002
3. Amendment of section 5 of Act 16 of 2002
4. Amendment of section 6 of Act 16 of 2002
5. Amendment of section 7 of Act 16 of 2002
6. Amendment of section 9 of Act 16 of 2002
7. Amendment of section 10 of Act 16 of 2002
8. Amendment of section 11 of Act 16 of 2002
9. Amendment of section 17 of Act 16 of 2002
10. Amendment of section 22 of Act 16 of 2002
11. Amendment of section 23 of Act 16 of 2002
12. Amendment of section 24 of Act 16 of 2002
13. Amendment of section 28 of Act 16 of 2002
14. Amendment of section 29 of Act 16 of 2002
15. Amendment of section 30 of Act 16 of 2002
16. Substitution of section 32 of Act 16 of 2002
17. Amendment of section 33 of Act 16 of 2002
18. Substitution of section 38 of Act 16 of 2002
19. Substitution of section 40 of Act 16 of 2002
20. Amendment of section 44 of Act 16 of 2002
21. Insertion of section 45A in Act 16 of 2002
22. Short title and commencement

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