Malaysia legislation

Section 23

of *RAILWAYS ACT 1991

Section 23

(2)

Any application for the grant of a licence under this section shall be made in writing, and shall contain, or be accompanied by, such information and documents as may be specified by the Director General.

(3)

Upon receiving an application made under subsection (2), the Minister may—

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Laws of Malaysia ACT 463

(a)

approve the application and issue a licence to the applicant on payment of such fees as he thinks fit;

or

(b)

refuse the application.

(4)

Notwithstanding subsection (3), where a railway scheme has been approved by the Minister under subsection 8(7), the railway company which submitted the railway scheme shall, subject to any condition or requirement imposed by the Minister on such approval, be deemed to be a qualified and suitable applicant for the purpose of operating the railway approved under the railway scheme and the Minister shall, on an application by the railway company under subsection (2), approve the application and issue a licence to the railway company on payment of such fees as he thinks fit.

(5)

Every licence issued under subsection (3) or (4) shall set out the duration of the licence and shall further prescribe—

(a)

the type of railway system and services to be operated by a railway company;

(b)

the annual licence fee payable by a railway company;

(c)

particular duties of a railway company in respect of the railway services operated or facilities provided by it; and

(d)

such other matters or conditions as the Minister thinks fit.

(6)

The issue of a licence to a railway company by the

Minister under subsection (3) or (4) shall not impose any liability on the Government for any loss or damage occasioned by any act, omission or default of such company.

Railways 29

Notice of intended opening of a railway