Introduction of the Gautrain Management Agency Amendment Bill, (G001 -2017) in the Gauteng Provincial Legislature, 31 March 2017
It is my pleasure to introduce in the House the Gautrain Management Agency Amendment Bill, (G001-2017).
The Gautrain Management Agency Act (2006) provides for the establishment of the GMA as a provincial public entity to, inter alia, manage and oversee concession agreements for the Gautrain Rapid Rail Link Project.
This was the original Project – or as we understand it, Phase 1 of the Gautrain – that provides the link from Hatfield in Tshwane to Park Station in Johannesburg and from Sandton Station in Johannesburg to OR Tambo Station in Ekurhuleni.
The word Project as defined in the GMA Act is limited to this first Phase. The Act needs to be amended to enable the GMA to oversee and manage the further extension of the Gautrain rapid rail system as per the approved Feasibility Study Report.
In addition, the current GMA Act does not adequately allow for the entity to carry out other functions relating to public transport such as the establishment of the proposed Transport Authority for the Gauteng city-region.
Based on an approved policy framework entitled, Gautrain Management Agency: Policy on Extension of Statutory Mandate, the consequent legislative amendments to the principal Act are being proposed for consideration and adoption by the House.
This is consistent with the 25-year Integrated Transport Master Plan (ITMP25) that supports the establishment of a Gauteng Transport Authority and the extension of the Gautrain rapid rail network to service new areas. The Gautrain Management Agency will play a critical role in both strategic tasks.
Practically, this will entail developing provincial policy and legislative proposals for the establishment of the proposed Gauteng Transport Authority; embarking on a new project or projects, or may involve extensions to the Gautrain rapid rail network.
Due to the limited scope of the GMA Act at present, amendments to the Act are needed to enable or facilitate the extension of the Gautrain Rapid Rail Link Project and similar projects to other areas.
Moreover, by virtue of its institutional expertise and skills that have been acquired since its inception, the GMA will be required to perform certain functions or exercise certain public transport and rail-related powers that may be delegated to it periodically by the Member of the Executive Council for Roads and Transport.
Based on the new policy framework it will be imperative to expand the statutory mandate of the GMA to allow it to facilitate the establishment of a Transport Authority for the Gauteng city-region and to oversee and manage the expansion of the Gautrain rapid rail system.
The expansion would also allow it to play a pivotal role in the public transport system in general and integration of public transport in particular.
The legal powers of the GMA will accordingly be expanded to cover the extensions to the Gautrain rapid rail system, including broader public transport and rail-related projects that fall within the functional areas of the Province’s powers under Schedule 4 of the Constitution.
It is also considered prudent to extend, where necessary, the powers of the MEC to delegate to the GMA certain public transport and rail-related functions that are outlined in the Gauteng Transport Infrastructure Act (No.8 of 2001). Various consequential amendments to the principal Act are therefore required.
I hereby introduce the Gautrain Management Agency Amendment Bill, (G001 � 2017) for consideration by the House.
The specific sections of the GMA Act that are to be amended are listed below.
Clause 1 of the Bill amends the definition of the Project and Concession agreement to expand the scope of projects of the GMA. Other definitions are amended consequentially, or to update or correct them.
Clause 2 of the Bill amends section 4 of the Act to incorporate the Agency’s role in assisting or acting for any Organ of State to enable it to realise its public transport and rail-related objectives, to expand its Objects, and to update the reference to the integration of public transport and rail services, in the Province, with other transport plans.
Clause 3 of the Bill amends section 5 of the Act on the Functions of the Agency to expand them accordingly. The Agency will, after the MEC’s consultation with the Minister, be empowered to plan and manage, on behalf of the MEC, the process of route determination and preparing preliminary designs for new or expanded rail routes.
These functions include public transport and provincial railway lines that fall under the functional area of public transport as contemplated in Schedule 4 Part A of the Constitution.
Clause 4 of the Bill amends section 13 of the Act to provide that members of the Board of the Agency may serve for more than one term, as long as they do not serve for more than two consecutive terms. This is because it is considered that the provision should be relaxed so as not to lose the expertise of qualified and experienced Board members whose previous term(s) have been valuable to the Agency.
Clause 5 of the Bill amends section 19 of the Act to provide that committees of the Board must consist of at least three members, because one-person committees are not considered advisable.
Clause 6 of the Bill amends section 20 of the Act to effect a correction and to provide that the Board must summarise the Board’s charter in each annual report, rather than every three years. This is being done at present in practice, and is intended to promote good governance.
Clause 7 of the Bill effects a consequential amendment to and correction of section 28 of the Act.
Clause 8 of the Bill effects a consequential amendment of and correction to section 34 of the Act, and updates the reference to the National Land Transport Transition Act, 2000 which has been replaced by the National Land Transport Act, 2009.
Clause 9 of the Bill effects a consequential amendment of and improvements to section 38 of the Act.
Clause 10 of the Bill inserts a clause on limitation of liability, which is a standard clause in Acts of this nature.
Clause 11 of the Bill amends section 56 of the Gauteng Transport Infrastructure Act, 2001 to empower the MEC to delegate the abovementioned rail-related functions to the Agency, subject to conditions that the MEC may determine.
Clause 12 of the Bill inserts a provision that relates to the replacement of the word Project with project (as defined), throughout the Act.
Clause 13 of the Bill inserts a provision that expands the acronym GTIA, as used in the Act.
Clause 14 of the Bill provides for the short title. The Bill will come into operation upon it being signed by the Premier.
Source: Government of South Africa