The Economic Regulation of Transport Act, 2024 (Act No. 6 of 2024)Chapter 2 : Access to Rail Infrastructure9. Decision on access approval |
| (1) | The Regulator must grant access approval, if all the requirements set out in section 8(4) are met. |
| (2) | The Regulator may grant access approval, even if the requirements of section 8(4)(a) are not met: Provided that the access seeker has given a written undertaking to the Regulator to fund the required investment in infrastructure. |
| (3) | If the Regulator grants access approval in terms of subsection (2), the terms of the access agreement must reasonably allow for the access seeker to realise the value of its investment. |
| (4) | The Regulator may grant access to the access seeker contemplated in subsection (2), only once the new infrastructure or facility is built. |
| (5) | If the Regulator has granted access approval in terms of subsection (1) or (2), the access seeker and the infrastructure owner must enter into an access agreement within a period specified in the access approval, failing which the Regulator must determine the terms of the access agreement. |
| (6) | Any party that is aggrieved by a decision of the Regulator in terms of this section, may appeal to the Council against a decision or apply to the Council for a review of the decision, in terms of section 22. |