Section 26 — Railways Enactment 2017

(2)

An application for an operator’s licence shall be made to the Director in the prescribed manner as determined by the Director and shall be accompanied by the prescribed fee and such information and documents as may be specified by the Director.

(3)

The Director shall, within a specified period as determined by the

Minister, submit a written recommendation to the Minister on the application.

(4)

The written recommendation of the Director shall specify –

(a)

the reasons for his recommendation; and

(b)

any conditions which the applicant should be subject to if the Director recommends to the Minister to issue the operator’s licence.

(5)

The Minister may after having due regard to the recommendations of the Director –

(a)

approve the application and issue an operator’s licence to the applicant upon payment of the prescribed fee; or

(b)

refuse the application.

(6)

Notwithstanding subsection (5), where a railway scheme has been approved in accordance with this Part, the applicant who submitted the railway scheme shall, subject to any condition or requirement imposed by the Minister on such approval, be deemed to be 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 applicant under subsection (2), approve

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the application and issue an operator’s licence to such applicant upon payment of the prescribed fee.

(7)

Every operator’s licence issued under this section shall set out the duration of the operator’s licence and the following conditions may be attached to the operator’s licence:

(a)

the type of railway system and railway services and related, peripheral or ancillary activities to be operated or provided by a licensed operator;

(b)

the annual licence fee payable by a licensed operator;

(c)

the fares which a licensed operator may impose on passengers;

(d)

the freight which a licensed operator may impose in respect of the carriage of goods;

(e)

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

(f)

such other matters or conditions as the minister thinks fit.

(8)

The Minister may, on the recommendation of the Director, at any time, add, cancel or vary any of the conditions attached to an operator’s licence issued under this section.

(9)

The issuance of an operator’s licence to the applicant by the Minister under this section shall not impose any liability on the Director or the

Government for any loss or damage occasioned by any act, omission or default of the applicant.

(10)

A person who contravenes subsection (1) or any condition attached to an operator’s licence issued under this section commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

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Notice of intended opening of a railway