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National Railway Safety Regulator Amendment Act 69 of 2008

By Legalish, Oct 14 2014 03:43PM

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 remains 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 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 happen; 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.


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