| (a) | the operation of any railway within, or partly within, the Republic with a track gauge equal to or wider than 600 mm, subject to paragraph (b); and |
[Subsection (1)(a) substituted by section 2(a) of Act No. 69 of 2008
| (b) | any other system designed to transport passengers or freight or both, declared by the Minister by notice in the Gazette to be a railway or railway operation, or both, for the purposes of this Act, including, but not limited to— |
| (i) | a system running on a monorail or a magnetic levitation system; |
| (ii) | a fixed rail or track system where the vehicles run on pneumatic tyres; or |
| (iii) | a tramway or tram system. |
[Subsection (1)(b) substituted by section 2(b) of Act No. 69 of 2008
| (2) | This Act does not apply to— |
| (a) | a railway in a mine which is underground and to which the provisions of the Minerals Act, 1991 (Act No. 50 of 1991), and the Mine Health and Safety Act, 1996 (Act No. 29 of 1996), apply; |
| (b) | a railway operated at an amusement park; |
| (c) | an aerial, cable-operated transportation system; or |
| (d) | any railway exempted by the Regulator in consultation with the Minister by notice in the Gazette from with compliance with this Act. |
[Subsection (2)(d) substituted by section 2(c) of Act No. 69 of 2008
