National Land Transport Act, 2009 (Act No. 5 of 2009)Chapter 6 : Regulation of Road-Based Public TransportPart 1 : Transitional provisions47. Conversion of permits to operating licences and of indefinite period operating licences to definite period licences, and rationalisation of operating licences |
[Section 47 heading substituted by section 27 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]
| (1) | All permits and operating licences issued before the date of commencement of this Act, issued for a definite period remain valid but lapse when that period expires, provided that if such permit or operating licence is still valid on a date calculated as seven years from the date of commencement of the National Land Transport Amendment Act, 2018, it will lapse on that date unless converted to an operating licence, in the case of a permit, or renewed for a period not longer than seven years in the case of an operating licence, before that date, and such applications for conversion or renewal must be made to the regulatory entity that is responsible for receiving applications for operating licences for the relevant services. |
| (2) | All permits and operating licences issued for an indefinite period remain valid, subject to sections 48 and 49, but lapse seven years after the date of commencement of the National Land Transport Amendment Act, 2018, but the holder may apply within that period in the case of a permit for its conversion to an operating licence valid for a period not exceeding seven years, or, in the case of an operating licence, for its renewal for a period not exceeding seven years, to the entity that is responsible for receiving applications for operating licences for the relevant services. |
| (3) | Despite subsections (1) and (2), where the services authorised by a permit or operating licence were not provided continuously for 180 days prior to the date of commencement of this Act, the permit or operating licence must be cancelled by following the procedure in section 78. |
| (4) | The holder of any permit or operating licence that lapses or is cancelled in terms of this Part is not entitled to any compensation by virtue of its lapsing. |
| (5) | Where the holder of a permit applies for renewal, amendment or transfer of the permit in terms of section 58, that holder must apply simultaneously for conversion of the permit to an operating licence, and the applications must be dealt with simultaneously. |
| (6) | Regulatory entities must take immediate steps to put in place the necessary administrative processes to convert permits and renew operating licences to implement this section. |
| (7) | The Minister may make regulations providing for— |
| (a) | procedures for conversion of permits and renewal of operating licences as contemplated in this section; and |
| (b) | other procedural or other administrative arrangements to implement the matters contemplated in this section. |
[Section 47 substituted by section 27 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]