| (2) | Any person may, subject to the provisions of this Act, apply to the Authority for a licence. |
| (3) | Any application for a licence must be lodged in the prescribed manner and in accordance with an invitation issued by the Authority by notice in the Gazette. |
| (4) | The Authority must, in an invitation contemplated in subsection (3), specify— |
| (a) | the kind of service in respect of which applications are invited; |
| (b) | the form in which applications must be submitted, including any fee payable upon submission of an application; |
| (c) | the manner in which it is contemplated that the service must be provided; |
| (d) | the place where and times when any application form or relevant document may be obtained from the Authority; and |
| (e) | the period within which such applications must be lodged. |
| (5) | The Authority may require an applicant for a licence, at the applicant’s expense, to furnish the Authority, within the period specified by it, with such further information as may be necessary in order to consider the application. |
| (6) | Within six weeks after receiving an application in accordance with subsection (2), the Authority must— |
| (a) | issue a licence subject to specified terms and conditions; or |
| (b) | refuse to issue a licence and give written reasons for such refusal. |
| (6A) | If a licence contemplated in subsection (2), is issued to an entity that is a subsidiary or a division of an entity under whose ownership, management or control the Authority falls, the licence— |
| (a) | must be approved by the Regulator; or |
| (b) | the Regulator may require any variation to the licence, |
depending on what the Regulator considers necessary to ensure a fair, equitable, transparent, competitive and cost-effective operation of the market in which the licensee operates.
[Section 57(6A) inserted by section 1(7) of Schedule 1: Consequential Amendments of the Economic Regulation of Transport Act, 2024, Notice No. 4958, GG50799 dated 11 June 2024]
| (6B) | If the circumstances contemplated in subsection (6A) apply, the fees payable to the Authority in terms of section 73(1)(c), accrue to the Regulator. |
[Section 57(6B) inserted by section 1(7) of Schedule 1: Consequential Amendments of the Economic Regulation of Transport Act, 2024, Notice No. 4958, GG50799 dated 11 June 2024]
(7)
| (a) | The Authority may exempt a person from having to obtain a licence in terms of this Act if— |
| (i) | an agreement contemplated in section 11(3) has been concluded; and |
| (ii) | the Authority is satisfied that the activities of the person concerned are, for purposes of this Act, sufficiently regulated by the other statutory body or organ of state contemplated in that section. |
| (b) | An exemption contemplated in paragraph (a) may be made subject to such conditions, authorised by this Act, as the Authority may deem fit. |
