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

Chapter 2 : Institutional Arrangements for Land Transport

24. Functions of Provincial Regulatory Entities

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(1)Each Provincial Regulatory Entity must—
(a)monitor and oversee public transport in the province;
(b)receive and decide on applications relating to operating licences for intra-provincial transport, but excluding applications that must be made to the National Public Transport Regulator in terms of section 21 or to a Municipal Regulatory Entity in terms of section 18;
(c) obtain and keep up to date the prescribed information in the Operating Licence Administrative System contemplated in section 6 insofar as it relates to its functions on the following:
(i) Particulars of associations operating in its area, their members and the vehicles operated by them;
(ii) particulars of operators operating in its area who are not members of those associations and the vehicles operated by them, in this section called non-members; and
(iii) in the case of minibus taxi-type services, particulars of the routes operated by the associations and non-members operating in its areas, the descriptions of which routes must correlate with those in the relevant integrated transport plans;
(d) invite comments and complaints from interested parties, including the general public, and take appropriate action in response thereto; and
(e) advise the MEC on the treatment of all passengers using public transport, including targeted categories of passengers.

[Section 24(1) substituted by section 16 of the National Land Transport Amendment Act, 2023 (Act No. 23 of 2023), Notice No. 4959, GG50800, dated 11 June 2024 - effective 12 September 2025 per Commencement Proclamation 289, GG53335, dated 12 September 2025]

 

(2)As soon as possible after this section comes into operation, the MEC must take steps to disestablish the relevant operating licensing board and to establish the relevant Provincial Regulatory Entity and transfer that board's functions to the Provincial Regulatory Entity.

 

(3)Any application concerning an operating licence or conversion of a permit to an operating licence that is pending before a provincial operating licensing board on the date that this section comes into operation, must be finalized either by that board before it is disestablished or by the Provincial Regulatory Entity after it is established, in terms of this Act and directions given by the MEC.