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Table of Contents
The Economic Regulation of Transport Act, 2024 (Act No. 6 of 2024)
Notice No. 4958 of 2024
Act
Chapter 1 : Interpretation, Purpose and Application
Part A : Interpretation
1. Definitions
2. Interpretation
Part B : Purpose and Application of Act
3. Purpose of Act
4. Application of Act
Chapter 2 : Access to Rail Infrastructure
5. Determination of access costs and review of access agreements
6. Types of access requests and access fees
7. Contents of access agreements and notification to Regulator
8. Request for and consideration of access approval by Regulator
9. Decision on access approval
10. Cession, transfer or assignment of access rights
Chapter 3 : Economic Regulation of Transport Facilities and Services
Part A : Price Regulation
11. Determination of price controls
12. Extraordinary review of price controls
Part B : Economic Oversight of Regulated Entities
13. Information from regulated entities
14. Regulatory accounting and disclosure requirements
15. Complaints against regulated entities
Part C : Complaint Investigations by Regulator
16. Direct referrals to Council
17. Consideration of complaints by Regulator
18. Outcome of investigation
19. Consent orders
20. Issuance of compliance notices
21. Directed price control reduction
Part D : Review of Regulator's Decisions
22. Right to appeal to Council or apply for review
Part E : Hearing Procedures
23. Procedure at Council hearing
24. Right to participate in hearing
25. Powers of Council at hearing
26. Rules of procedure
27. Witnesses
28. Decision at end of hearing
Chapter 4 : Establishment of Institutions
Part A : Transport Economic Regulator
29. Establishment of Transport Economic Regulator
30. Governance of Transport Economic Regulator
31. Qualifications for Board membership
32. Conduct and conflicts of Board members
33. Resignation, removal of office, and vacancies
34. Regulator's executive structures
35. Chief Executive Officer
36. Appointment of Executive Officers
37. Resignation or removal of Executive Officers
38. Functions of Regulator
39. General provisions concerning Regulator
40. Development of codes of practice relating to Act
41. Promotion of legislative and regulatory reform
42. Research and public information
43. Relations with other regulatory authorities
44. Advice and recommendations to Minister
45. Minister may call for inquiries or investigations
Part B : Transport Economic Council
46. Establishment of Transport Economic Council
47. Council members
48. Council functions and procedures
Part C : Administrative matters concerning Regulator and Council
49. Conflicting interests
50. Finances
51. Minister to determine annual fees to be paid by regulated entities
52. Board and Council members remuneration
53. Reviews and reports by Regulator and Council
54. Regulations
Chapter 5 : Enforcement of Act
Part A : Powers in Support of Investigation
55. Appointment of inspectors and investigators
56. Subpoena
57. Authority to enter and search under warrant
58. Powers to enter and search
59. Conduct of entry and search
60. Claims that information is confidential
61. Powers of Court
Part B : Offences and Penalties
62. Breach of confidence
63. Hindering administration of Act
64. Offences relating to Regulator and Council
65. Offences relating to prohibited conduct
66. Penalties
Part C : Miscellaneous matters
67. Civil actions and jurisdiction
68. Limitations of bringing action
69. Serving documents
Chapter 6 : General Provisions
70. Consequential amendments and transitional arrangements
71. Short title and commencement
Schedules
Schedule 1 : Consequential Amendments
1. Amendment of National Ports Act
2. Amendment of Airports Company Act
3. Amendment of Air Traffic and Navigation Services Company Act
4. Amendment of National Land Transport Act
5. Amendment of South African National Roads Agency Limited and National Roads Act
Schedule 2 : Transitional Provisions
1. Definitions
2. Continuation of tariffs in force at effective date
3. Appeals and complaints
4. General preservation of regulations, rights, duties, notices and other instruments
5. Regulations
6. Transition of Ports Regulator
7. Interim administrative arrangements for Council
Proclamations
Commencement of The Economic Regulation of Transport Act, 2024 (Act No. 6 of 2024)
Proclamation Notice 224 of 2024
‘‘prescribed’’
means prescribed by regulation;
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