Malaysia legislation
Section 92
Section 92
(4)
, construct and maintain for the accommodation of the proprietors and occupiers of the lands adjoining any railway —
(a)
such and so many convenient crossings, bridges, arches, culverts and passages over, under or by the sides of or leading to or from the railway, as are in the opinion of the
Director General of Land Public Transport necessary for the purpose of making good any interruptions caused to the use of the lands by the construction of the railway;
(b)
all necessary arches, tunnels, culverts, drains, water-courses or other passages over, under or by the sides of the railway of such dimensions as may, in the opinion of the Director
General of Land Public Transport, be sufficient at all times to convey water from or to the lands adjoining or lying near or by the railway as freely as before the construction of the railway or as nearly so as may be.
(2)
Subject to this Act, the works as specified in paragraphs (1)(a)
and (b) shall be made during or immediately after the laying out or formation of the railway over the lands traversed by it, and in such manner as to cause as little damage, injury or inconvenience as possible to persons interested in the lands or affected by the works, as the case may be; and if there is damage or injury to the lands the railway company shall pay adequate compensation to the persons interested therein.
(3)
A railway company shall not be required—
(a)
to make any accommodation works in such a manner as would prevent or obstruct the working or use of a railway;
or
(b)
to make any accommodation works with respect to which the proprietors and occupiers of the land have agreed to receive and have been paid compensation in consideration of their not requiring the works to be made.
108 Laws of Malaysia ACT 715
(4)
Where a railway company has provided a suitable crossing for a road or stream, and the road or stream is afterwards diverted by the act or neglect of the person having control over such road or stream, the railway company shall not be required to provide any other crossing for the road or stream.
Additional works