National Railway Safety Regulator Act, 2002 (Act No. 16 of 2002)RegulationsRegulations regarding Infrastructure or Activity affecting Safe Railway Operations, 20205. Activities carried out within and around railway reserve |
| (1) | A railway reserve is a restricted area that may only be accessed with appropriate authorisation. |
| (2) | An operator must ensure that when activities are carried out within and around the railway reserve, safe railway operations are not compromised. These activities include, but are not limited to the following: |
| (a) | excavation of trenches, pits, earthworks, drilling or piling, other than for routine maintenance purposes; |
| (b) | erection of temporary or fixed structures, for whatever purpose; |
| (c) | use of explosive material for blasting or demolition; |
| (d) | removal of a feature or object that is part of a railway, except in the course of maintaining the railway by authorised personnel; |
| (e) | construction of an underground passageway for use as a street, railway, conduit for utilities or access for people or vehicles; |
| (f) | construction of an overhead structure inclusive of bridges, whether for pedestrian crossing, motor vehicles or railway; |
| (g) | permanent removal or cutting of fences or walls erected for the demarcation or protection of the railway reserve; and |
| (h) | any other activity that is considered by the Regulator to pose a threat to safe railway operations and the safety of persons, property and environment. |
| (3) | Activities listed in regulation 5(2) must be carried out in accordance with the relevant legislation. |