Malaysia legislation
Section 84
Section 84
(2)
Where the Minister grants conditional approval to the railway scheme under subsection (1), the applicant shall deposit in the office
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of the Director General of Land Public Transport for public inspection—
(a)
plans and sections on a scale as specified by the Director
General of Land Public Transport or as set out in the regulations made under paragraph 252(1)(tam) showing the lines and levels of the proposed railway and also—
(i)
any intended alteration in the water level of any canal or in the level or rate of inclination of any road or railway which will be crossed by the proposed railway;
(ii)
any intended diversion, widening or narrowing of any road, navigable river, canal or railway;
(iii)
any intended laying of any part of the proposed railway along any road; and
(iv)
any intended crossing of the tracks of the proposed railway over any road, navigable river, canal or railway; and
(b)
a book of reference containing the names of the proprietors and lessees of the lands which may be required for the purposes of the proposed railway.
(3)
The Director General of Land Public Transport may require the applicant to submit such further or additional information as the
Director General of Land Public Transport deems necessary in respect of the plans and sections and book of reference referred to in subsection (2).
(4)
The applicant shall give notice of the deposit of such plans and sections and book of reference by advertisement in at least three successive issues of at least two national newspapers, one of which shall be in the national language, calling on all persons having any objection to the plans and sections and book of reference to send in a statement of their objections in writing to the Director General of Land
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Public Transport within three months from the date of the last notice in the newspapers.
(5)
At the expiration of the period of three months, the Director
General of Land Public Transport shall present the plans and sections and book of reference referred to in subsection (2) together with any objections thereto and his recommendations to the Minister for final approval.
(6)
The Minister may, after considering the plans and sections and book of reference and any objections thereto and having due regard to the recommendations of the Director General of Land Public
Transport—
(a)
give final approval to or reject the railway scheme; or
(b)
where he considers that the plans and sections should be amended, direct the applicant to reconsider such plans and sections and report to the Director General of Land Public
Transport within such period as the Director General of
Land Public Transport may require.
(7)
In the case where paragraph (6)(b) applies, the Minister may, after considering the amendments made to the plans and sections and having due regard to the objections made under subsection (4) and the recommendations of the Director General of Land Public Transport, give final approval to or reject the railway scheme.
(8)
The plans and sections, if approved by the Minister, whether under paragraph (6)(a) or subsection (7), shall be deemed to be deposited plans referred to in this Act.
(9)
The Minister may, in approving any railway scheme, impose any requirement or condition as it considers appropriate, having due regard to the recommendations of the Director General of Land Public
Transport.
(10)
The decision of the Minister to grant or not to grant the approval under this section shall be communicated to the applicant by
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the Director General of Land Public Transport by written notice as soon as practicable.
(11)
The written notice by the Director General of Land Public
Transport under subsection (10) shall specify—
(a)
in the case where the approval is granted, the fact of such grant and the requirements or conditions imposed under subsection (9); and
(b)
in the case of a refusal to grant the approval, the fact of such refusal and the reasons for the refusal.
(12)
A person who contravenes any requirement or condition imposed under subsection (9) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.