| (a) |
advise the Minister on matters associated with any action or condition which— |
| (i) |
is capable of causing any actual or potential threat of harm or damage to persons or property; |
| (ii) |
the Minister refers to the Regulator; and |
| (iii) |
the Regulator considers necessary in the furtherance of its objects; and |
| (b) |
for purposes of this Act, oversee safety in relation to the transportation of dangerous goods by rail, including the conducting of audits, inspections and investigations. |
[Subsection (1)(b) substituted by section 5(a) of Act No. 69 of 2008]
| (2) |
The Regulator may, for the purpose of achieving its objects in terms of section 5 of this Act— |
| (b) |
formally recognise associations representing operators, including other railway industry enterprises, to collaborate with it in respect of the development of standards or any other matter that the Regulator considers necessary; |
[Subsection (2)(b) substituted by section 5(b) of Act No. 69 of 2008]
| (d) |
hire, purchase or otherwise acquire any movable and immovable property and proprietary right, and lease or dispose of property so acquired, but may not acquire or dispose of immovable property without the prior approval of the Minister, granted with the agreement of the Minister of Finance; |
| (e) |
collaborate with any other body or institution or establish and control facilities for the collection and dissemination of scientific and technical information, in connection with any matter regarding railway safety falling within the objects of the Regulator; |
| (f) |
collaborate with any educational, scientific or other body, government or institution in connection with the provision of instruction for, or the training of, persons required by the Regulator; |
| (g) |
provide, on such conditions as the Regulator deems fit, financial or other assistance in connection with the training of persons in so far as is necessary to ensure that a sufficient number of trained persons is available to enable the Regulator to perform its functions; |
| (h) |
insure itself against any loss, damage, risk or liability which it may suffer or incur; |
| (i) |
conclude contracts, enter into agreements or perform any act, whether in the Republic or elsewhere, whereby its objects are furthered or which is calculated, directly or indirectly, to enhance the value of the services which the Regulator renders towards the achievement of its objects or perform any other act which may be prescribed; |
| (j) |
adopt standards submitted by an operator or industry association following compliance with a procedure prescribed by the Minister under section 29; |
| (k) |
require an operator or a railway industry association to consult with organized labour during the development of standards and provide them with an opportunity to comment on those standards prior to submission to the Regulator for approval; |
| (l) |
engage any person or organisation having expertise in matters relating to safe railway operations to furnish advice to the Regulator in relation to the development of, or any dispute over, standards; |
| (m) |
provide education and conduct any other public-awareness activities relating to safe railway operations in accordance with the purpose of this Act; |
| (n) |
oversee occupational health and safety matters that impact or have the potential to impact on the safety of railway operations; |
[Subsection (2)(n) substituted by section 5(c) of Act No. 69 of 2008]
| (p) |
conduct any other activity relating to safe railway operations. |
| (3) |
The functions of the Regulator must be performed by the chief executive officer, as directed by the board, except where otherwise specified in this Act. |
Intellectual Property Rights from Publicly Financed Research and
