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| South Africa NATIONAL LEGISLATION OVERVIEWS  |
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Economic
Regulation of Transport Act, No. 6 of 2024
NOTE: Assented to and published in English, with alternative copy in Zulu, except iro notice of assent date in English, and except iro title/text/engrossments in the following sections: Sch1 s70(1) Item2, 3 and 5 (Afrik/Afrik/Afrik)
NOTE: Assented to and published in English, with alternative copy in Zulu, except iro notice of assent date in English, and except iro title/text/engrossments in the following sections: Sch1 s70(1) Item2, 3 and 5 (Afrik/Afrik/Afrik)
Long title
To consolidate the economic regulation of transport within a single framework and policy; to establish the Transport Economic Regulator; to establish the Transport Economic Council; to make consequential amendments to various other Acts; and to provide for related incidental matters.
Table of contents
| SECTION | TITLE |
| TABLE OF CONTENTS | |
| 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. | Requests 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 hearings |
| 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 from 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. | 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 |
| Sch. 1. | SCHEDULE 1. CONSEQUENTIAL AMENDMENTS (SECTION 70(1)) [s70(1)] |
| Sch. 2. | SCHEDULE 2. TRANSITIONAL PROVISIONS [s] |
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