National Ports Act, 2005 (Act No. 12 of 2005)

Notices

Directives in terms of Section 30(3) of the Act

Directives

Chapter 4 : Access by the Regulator to Confidential Information of the Authority

17. Regulator to have access to confidential information of the Authority
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(1)The Regulator shall put in writing any request for specified or generally described information which the Authority has in its possession which relates to the matters over which the Regulator has jurisdiction in terms of sections 30(1) and (2) of the Act.

 

(2)The Authority shall make the requested information available to the Regulator during office hours and within ten working days of the request or such longer period as the Regulator may in writing allow.

 

(3)The Authority  shall clearly mark as confidential all information  which it believes to be confidential information as defined in directive 25(1).

 

(4)The Regulator may use the information for any purposes pursuant to its functions in terms of the Act and these directives, but shall advise the Authority in writing before disclosing any of the information marked as confidential information to any Third Party.

 

(5)Upon receiving notification in terms of subdirective (4), the Authority may claim that information shall not be disclosed by the Regulator as it is confidential information as defined in directive 25(1) and must support its claim with—
(a)a  written  statement  motivating  why  the  information  should  be  recognised  as confidential information; and
(b)either:—
(i)a written abstract of the information in a non confidential form; or
(ii)an affidavit setting out the reasons why it is impossible to comply with subparagraph (i).

 

(6)The Regulator shall determine whether the information satisfies the requirements of confidential information set out in directive 25(1) and notify the Authority in writing of its determination.

 

(7)The Regulator may, if it has determined that the information is not confidential, advise the Authority that the information will be available for public disclosure, but will not disclose such information to a Third Party until twenty days have passed from the date of receipt of the written confirmation by the Authority.