National Railway Safety Regulator Act, 2002 (Act No. 16 of 2002)

Chapter 11 : General Provisions regarding Regulations

50. Making of regulations

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(1)The Minister may, after consultation with the board, and by notice in the Gazette, make regulations as to any matter—
(a)required to be prescribed in terms of this Act;
(b)which is necessary to prescribe for the effective administration of this Act.

 

(2)Any regulation made in terms of subsection (1) may provide that—
(a)the contravention thereof, or failure to comply therewith, is an offence; and
(b)a person convicted of that offence is punishable with a prescribed fine or a term of imprisonment not longer than the period so prescribed.

 

(3)The Minister must, before making any regulations in terms of this Act—
(a)publish a notice in the Gazette
(i)setting out the draft regulations; and
(ii)inviting written comments to be submitted on the proposed regulations, specifying an address to which, and a date before which, the comments may be submitted, which date may not be earlier than 60 days after publication of the notice;
(b)consider what further steps, if any, are appropriate to bring the contents of the notice to the attention of interest persons;
(c)consider all comments received on or before the date specified in paragraph (a)(ii); and
(d)on request by the National Assembly or the National Council of Provinces or a committee of the National Assembly or the National Council of Provinces, report on the extent to which a specific comment has been taken into account, or if a comment was not taken into account, provide the reason why it was not taken into account.