The Economic Regulation of Transport Act, 2024 (Act No. 6 of 2024)Chapter 2 : Access to Rail Infrastructure8. Request for and consideration of access approval by Regulator |
| (1) | Before approaching the Regulator, an access seeker must first try to negotiate the terms of the access agreement with an infrastructure owner in good faith. |
| (2) | If the parties fail to reach an agreement, either party can refer the matter to the Regulator for resolution. |
| (3) | When considering the matter referred to the Regulator in terms of subsection (2), the Regulator must invite the infrastructure owner and the access seeker to make written representations to the Regulator, within such period as the Regulator may determine. |
| (4) | In determining whether to grant access approval, the Regulator must have regard to the following— |
| (a) | whether there is available capacity on the infrastructure or facility; |
| (b) | whether the access seeker is able to meet financial and other technical requirements necessary to successfully operate the infrastructure; and |
| (c) | whether the applicant has received other regulatory approvals that may be required by or in terms of any law or regulations, or is likely to receive such approvals before the finalisation of its application. |
| (5) | When determining whether there is available capacity in the infrastructure or facility, the Regulator must— |
| (a) | request written representations from all entities that are currently using the infrastructure or facility— |
| (i) | detailing the recent history of utilisation of the infrastructure or facility, and the projected volumes for the ensuing year, and |
| (ii) | substantiating the said projections, where possible, with written evidence. |
| (6) | The infrastructure owner must provide the Regulator with an updated report of capacity, including— |
| (a) | maintenance downtime requirements; |
| (b) | technical specifications; |
| (c) | route schematics; |
| (d) | investment plans on the route; and |
| (e) | any other information that the Regulator may need to assess capacity. |
| (7) | The Regulator may reassign unused capacity if there is no reasonable prospect of the current user needing that capacity, and if doing so may improve system efficiency. |