| (1) | The Authority may enter into an agreement with any person in terms of which that person, for the period and in accordance with the terms and conditions of the agreement, is authorised to— |
| (a) | design, construct, rehabilitate, develop, finance, maintain or operate a port terminal or port facility, or provide services relating thereto; |
| (b) | provide any other service within a port designated by the Authority for this purpose; |
| (c) | perform any function necessary or ancillary to the matters referred to in paragraphs (a) and (b); or |
| (d) | perform any combination of the functions referred to in paragraphs (a), (b) and (c). |
| (2) | An agreement concluded in terms of this section must— |
| (a) | provide for the Authority to monitor and annually review performance with regard to the operation of the terminal or facility and the provision of the relevant services in terms of a performance standard specified in the agreement; and |
| (b) | be lodged with the Regulator within 30 business days from the date of last signature to the agreement. |
[Section 56(2) substituted by section 1(6)(a) of Schedule 1: Consequential Amendments of the Economic Regulation of Transport Act, 2024, Notice No. 4958, GG50799 dated 11 June 2024]
| (2A) | The performance reviews contemplated in subsection (2)(a) must be lodged with the Regulator, within 30 business days of issue thereof. |
[Section 56(2A) inserted by section 1(6)(b) of Schedule 1: Consequential Amendments of the Economic Regulation of Transport Act, 2024, Notice No. 4958, GG50799 dated 11 June 2024]
| (3) | The services authorised under the agreement contemplated in subsection (1) may include stevedoring on board a vessel. |
| (4) | Notwithstanding any other provision of this Act, the Authority may enter into agreements in terms of which it contracts out any service which the Authority is required to provide in terms of this Act. |
| (5) | An agreement contemplated in subsection (1) or (4) may only be entered into by the Authority in accordance with a procedure that is fair, equitable, transparent, competitive and cost-effective. |
| (6) | The Regulator may prescribe the requirements, that are necessary to achieve the purposes set out in subsection (5). |
[Section 56(6) inserted by section 1(6)(c) of Schedule 1: Consequential Amendments of the Economic Regulation of Transport Act, 2024, Notice No. 4958, GG50799 dated 11 June 2024]
| (7) | If an agreement contemplated in subsection (1) or (4) includes, as a party, an entity that is a subsidiary or a division of an entity under whose ownership, management or control the Authority falls, the agreement— |
| (a) | must be approved by the Regulator; or |
| (b) | the Regulator may require any variation to the agreement, |
depending on what the Regulator considers necessary to meet the requirements of subsection (5).
[Section 56(7) inserted by section 1(6)(c) of Schedule 1: Consequential Amendments of the Economic Regulation of Transport Act, 2024, Notice No. 4958, GG50799 dated 11 June 2024]
| (8) | If the circumstances contemplated in subsection (7) apply, the fees payable to the Authority in terms of section 73(1)(c), accrue to the Regulator. |
[Section 56(8) inserted by section 1(6)(c) of Schedule 1: Consequential Amendments of the Economic Regulation of Transport Act, 2024, Notice No. 4958, GG50799 dated 11 June 2024]
