In this Act unless the context indicates otherwise—

‘‘access’’

means the use of infrastructure, a facility or a resource by an access seeker to provide goods or services to customers of that access seeker;

‘‘access agreement’’

means an agreement between an access seeker and an infrastructure or resource owner, setting out the terms and conditions for access by an access seeker to the infrastructure, resource or facility, excluding any agreement regarding the safe operation of such access that is required by safety legislation;

‘‘access seeker’’

is an individual or an organisation or an agent of an individual that seeks to utilise infrastructure, resource or facility of an infrastructure or resource owner;

‘‘Air Traffic and Navigation Services Company’’

means the Air Traffic and Navigation Services Company Limited established in terms of the Air Traffic and Navigation Services Company Act, 1993 (Act No. 45 of 1993);

‘‘Airports Company of South Africa’’

means the Airports Company Limited established in terms of the Airports Company Act, 1993 (Act No. 44 of 1993);

‘‘annual fee’’

means a fee referred to in section 51(2);

‘‘Board’’

means the governing body of the Transport Economic Regulator established by section 30;

‘‘Cabinet’’

means the body of the national executive described in section 91 of the Constitution;

‘‘Chief Executive Officer’’

means the person holding the office of Chief Executive Officer of the Regulator, in terms of sections 35 and 36;

‘‘Competition Act’’

means the Competition Act, 1998 (Act No. 89 of 1998);

‘‘complainant’’

means a person who has submitted a complaint to the Regulator in terms of section 15;

‘‘confidential information’’

means trade, business or industrial information that belongs to a person, firm or the State, has a particular economic value, and is not generally available to or known by others;

‘‘Constitution’’

means the Constitution of the Republic of South Africa, 1996;

‘‘Council’’

means the Transport Economic Council, established by section 46;

‘‘economic regulation’’

in respect of this Act means the regulation of markets, entities, facilities or services within the transport sector by determining—

‘‘effective date’’

means the date upon which this Act came into operation in terms of section 71;

‘‘electronic communication’’

has the meaning set out in section 1 of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);

‘‘essential facility’’

means a facility or resource that cannot reasonably be duplicated, and without access to which competitors cannot reasonably provide goods or services to their customers;

‘‘Executive Administrative Committee’’

means the executive structure of the Regulator constituted in terms of section 34(5);

‘‘Executive Regulatory Panel’’

means the executive structure of the Regulator constituted in terms of section 34(4);

‘‘facility’’

means any physical infrastructure used for the transportation of persons or goods within the transport sector;

‘‘goods or services’’

when used with respect to particular goods or services, includes any other goods or services that are reasonably capable of being substituted for them, taking into account ordinary commercial practice and geographical, technical and temporal constraints;

‘‘inspector’’

means a person who has been appointed as an inspector in terms of section 55(1);

‘‘inter-related’’

has the meaning set out in section 1 of the Companies Act, 2008 (Act No. 71 of 2008);

‘‘investigator’’

means a person who has been appointed as an investigator in terms of section 55(3);

‘‘market’’

means any place or platform where exchange for goods and services at a certain value exists;

‘‘market inquiry’’

has the meaning set out in section 43A of the Competition Act;

‘‘market power’’

means the power of an entity to control prices, or to exclude competition or to behave to an appreciable extent independently of its competitors, customers or suppliers;

‘‘Minister’’

means the Minister responsible for transport matters;

‘‘National Land Transport Act’’

means the National Land Transport Act, 2009 (Act No. 5 of 2009);

‘‘National Ports Act’’

means the National Ports Act, 2005 (Act No. 12 of 2005);

‘‘National Ports Authority’’

means the Authority established in terms of Chapter 2 of the National Ports Act;

‘‘organ of state’’

has the meaning set out in section 239 of the Constitution;

‘‘PAIA’’

means the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000);

‘‘Passenger Rail Agency of South Africa’’

means the Corporation defined in section 1 of the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989);

‘‘person’’

includes a juristic person;

‘‘POPIA’’

means the Protection of Personal Information Act, 2013 (Act No. 4 of 2013);

‘‘prescribed’’

means prescribed by regulation;

‘‘President’’

means the President of the Republic of South Africa;

‘‘price control’’

means a method for setting the price that can be charged, or revenue that can be earned, by a regulated entity for the use of or access to its assets, facilities or services, referred to in section 11(2);

‘‘prohibited conduct’’

means an act or omission—

‘‘Public Finance Management Act’’

means the Public Finance Management Act, 1999 (Act No. 1 of 1999);

‘‘public regulation’’

means any national, provincial or local government legislation or subordinate legislation, or any licence, price control, directive or similar authorisation issued by a regulatory authority or pursuant to any statutory authority;

‘‘public entity’’

‘‘regulation’’

means a regulation made in terms of this Act;

‘‘Regulator’’

means the Transport Economic Regulator established by section 29;

‘‘regulatory authority’’

means an entity established in terms of national or provincial legislation responsible for regulating an industry, or sector of an industry, but does not include a regulated entity in terms of this Act;

‘‘related’’

when used in respect of two persons, has the meaning set out in section 1 of the Companies Act, 2008 (Act No. 71 of 2008);

‘‘service’’

means activity involved in the transportation of persons or goods within the transport sector;

‘‘South African National Roads Agency Limited’’

means the Agency defined in section 1 of The South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998);

‘‘tariff’’

means any charge, fee, toll, fare or other amount that may be imposed by a regulated entity for the use of, or access to, any transport service or facility;

‘‘the State’’

includes an organ of state;

‘‘this Act’’

includes any regulations made, notice or direction given, or price control determined and published, in terms of the Economic Regulation of Transport Act; and

‘‘transport sector’’

means shipping and ports, aviation, rail or road transport and infrastructure.