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Draft National Railway Safety Regulator Amendment Bill

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To amend the National Railway Safety Regulator Act, 2002; so as to amend certain definitions and to insert a new definition; to include unsafe behaviour as well as conditions in the scope of the Act; to empower the Minister to include monorail systems, trams, systems running on pneumatic tyres and railways running on narrow gauges in the ambit of the Act; to provide for the Regulator to exempt railways rather than the Minister; to clarify that that operators remain responsible for railway safety; to provide for the removal of the duty to promote the use of rail directly from the Regulator's objects; to provide for the Regulator to enter into more informal arrangements with role players rather than only having to conclude formal agreements; to clarify the role of operator associations; to delete a duplicated paragraph; to provide that Minister of Finance will no longer have to approve the terms and conditions of service of the Chief Executive Officer (CEO); to require the Regulator's annual report to be submitted within five months after the financial year end rather than three, in line with the Public Finance Management Act; to provide that the CEO may appoint staff members rather than the Board; to provide that the Minister will no longer be required to approve conditions of service
of staff members; to empower the CEO to delegate his or her powers and duties; to provide that the Regulator's funds will include penalties and fees for providing advice and training and other prescribed sources; to provide that the Regulator may charge fees for administering safety permits; to clarify the types of permits in connection with which standards may be imposed; to empower the Minister to make regulations to adopt existing standards as well as to develop new ones; to provide for the mandate and functions of the Regulator as the competent authority in connection with the transportation of dangerous goods by rail; to provlde that the CEO rather than the Minister may appoint inspectors; to empower Inspectors to lnvestlgate the transportatlon of dangerous goods prlor to thelr transportatlon by
rail; to provide that operators muat Investigate railway occurrences and to empower the Regulator to take steps if they fail to do so; to empower the Board of the Regulator to subpoena witnesses and documents in connection with investigations; to clarify the circumstances in which the Regulator may request information; to empower the Minister to make regulations for the payment of penalties by operators who default; and to provide for incidental matters.

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