The South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998)

Chapter 3 : Functions, Powers and Responsibilities of Agency

28. Operation of toll roads and levying of toll by authorised persons
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(1)Despite section 27, the Agency may enter into an agreement with any person in terms of which that person, for the period and in accordance with the terms and conditions of the agreement, is authorised—
(a)to operate, manage, control and maintain a national road or portion thereof which is a toll road in terms of section 27 or to operate, manage and control a toll plaza at any toll road; or
(b)to finance, plan, design, construct, maintain or rehabilitate such a national road or such a portion of a national road and to operate, manage and control it as a toll road.

 

(2)That person (in this section called the authorised person) will be entitled, subject to subsections (3) and (4)—
(a)to levy and collect toll on behalf of the Agency or for own account (as may be provided for in the agreement)—
(i)on the toll road specified in the agreement;
(ii)during the period so specified; and
(iii)in accordance with the provisions of the agreement only; and
(b)in the circumstances mentioned in subsection (1)(b), to construct or erect, at own cost, a toll plaza and any facilities connected therewith for the purpose of levying and collecting toll.

 

(3)Where the agreement provides for any of the matters mentioned in section 27(1)(b), (c), (d), (e) and (f)(ii), the authorised person will be subject to the duties imposed on the Agency by that section in all respects as if the authorised person were the Agency.

 

(4)The amount of the toll that may be levied by an authorised person as well as any rebate on that amount or any increase or reduction thereof, will be determined in the manner provided for in section 27(3), which section will apply, reading in the changes necessary in the context, and, if applicable, the changes necessitated by virtue of the agreement between the Agency and the authorised person.