Railways Act 1991 · Updated to 1 Sep 2012 · Part V · Licensing of Railway Company and Opening of Railway
23. Licence to operate a railway
Feedback & supportExcept pursuant to an order made under section 80, no person shall operate any railway except under a licence issued by the Minister under this section.
railway
“railway” means any kind of railway for the public carriage of passengers or goods or both, or any portion thereof, and includes— (a) all rails, beams, cables, sidings, or branches worked over for the purposes of, or in connection with, a railway; (b) all rolling-stock used for the purposes of traffic; and (c) in so far as the context allows, a railway under construction by or for any railway company, but does not include— (d) the Sabah Railway; (e) any railway used or, in the case of a railway to be constructed, intended to be used, by any person for the carriage of goods within any premises occupied by such person; and (f) any railway used or, in the case of a railway to be constructed, intended to be used, wholly or mainly for the carriage of passengers within any amusement or recreational premises;
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.
Upon receiving an application made under subsection (2), the Minister may—
Minister
“Minister” means the Minister for the time being charged with the responsibility for railways in Sabah, Sarawak and the Federal Territory of Labuan;
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approve the application and issue a licence to the applicant on payment of such fees as he thinks fit;
or
refuse the application.
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.
railway scheme
“railway scheme” means a scheme for the construction of a railway deposited with the Minister pursuant to section 7;
Every licence issued under subsection (3) or (4) shall set out the duration of the licence and shall further prescribe—
the type of railway system and services to be operated by a railway company;
the annual licence fee payable by a railway company;
particular duties of a railway company in respect of the railway services operated or facilities provided by it; and
such other matters or conditions as the Minister thinks fit.
The issue of a licence to a railway company by the
railway company
“railway company” includes any person or persons, whether incorporated or not, who are owners or lessees of a railway or parties to an agreement for working a railway;
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.
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