The Economic Regulation of Transport Act, 2024 (Act No. 6 of 2024)SchedulesSchedule 2 : Transitional Provisions3. Appeals and complaints |
| (1) | An appeal contemplated in section 46 of the National Ports Act against a decision taken by the National Ports Authority before the effective date, may— |
| (a) | be filed with the Regulator as a complaint in terms of section 15(1)(a) or (b) of this Act, provided that no such appeal or application for review had been filed under any other law before the effective date; or |
| (b) | be considered and determined under the National Ports Act, as if that Act had not been amended in terms of Schedule 1. |
| (2) | A complaint, as contemplated in section 15, in respect of conduct that occurred before the effective date may— |
| (a) | be filed with the Regulator in terms of section 15 of this Act, provided that no such complaint or similar process had been commenced under any other law before the effective date; or |
| (b) | be referred to the Regulator to conclude an investigation into the complaint. |
| (3) | The Regulator may exercise any power of the Ports Regulator, in terms of the National Ports Act, to investigate any complaint in terms of the relevant Act concerning conduct that occurred during the period of three years immediately before the effective date. |
| (4) | In exercising authority under this item, the Council or the Regulator, as the case may be, must conduct the investigation, hearing or other matter in accordance with the relevant Act as if it had not been amended in terms of Schedule 1 of this Act. |