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The President determined 21 September 2009 as the date on which this Act came into operation, with the exception of section 11 which will commence on 1 November 2010. This Act amended the National Railway Safety Regulator Act, 16 of 2002 ("NRSRA"), by:
- Amending certain definitions and inserting others;
- Extending the ambit of a threat to safety to include behaviour;
- Empowering the Minister to include monorail systems, trams, systems running on pneumatic tyres and railways running on narrow gauges within the ambit of the NRSRA;
- Empowering the Regulator to exempt railways;
- Clarifying that operators remain responsible for railway safety;
- Removing the duty to promote the use of rail directly from the Regulator's objects;
- Empowering the Regulator to enter into informal arrangements with role players;
- Clarifying the role of operator associations;
- Clarifying the role of the Regulator in relation to the transportation of dangerous goods by rail;
- Revising the provisions regarding the terms and conditions of service of the chief executive officer;
- Requiring the Regulator's annual report to be submitted within five months after the financial year end;
- Providing for the appointment of staff members by the chief executive officer;
- Providing that the board approves the conditions of service of staff members;
- Empowering the chief executive officer to delegate his or her powers and duties;
- Extending the Regulator's funds to include penalties and fees for providing services and other prescribed sources;
- Providing that the Regulator may charge fees for administering safety permits;
- Clarifying the types of permits in connection with which standards may be imposed;
- Empowering the Minister to make regulations to adopt and accept existing standards as well as to develop new ones;
- Providing that the chief executive officer appoints inspectors;
- Empowering inspectors to audit, inspect and investigate the transportation of dangerous goods prior to their transportation by rail should a railway occurrence happens;
- Providing that operators investigate railway occurrences and to empower the Regulator to take steps if they fail to do so;
- Empowering the board of the Regulator to subpoena witnesses and documents in connection with investigations;
- Clarifying the circumstances in which the Regulator may request information; and
- Empowering the Minister to make regulations for the payment of penalties by operators who default.
See Government Notice 66 of Government Gazette No. 32589 of 21 September 2009.
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