Malaysia legislation
Section 12
Section 12
Payment of compensation
(2)
Any person claiming compensation may lodge his claim with the
Director.
(3)
Where there is a dispute as to the amount of compensation, the
Director shall determine the amount, as far as may be, in accordance with the procedures prescribed by the law relating to the acquisition of land.
(4)
Nothing in this section shall prevent the settling by agreement of the amount of compensation to be paid in respect of lands damaged or injuriously affected by the exercise of the powers conferred by this section.
Accommodation works 13 (1) The Director shall, subject to subsections (3) and (4), construct and maintain for the accommodation of the proprietors and occupiers of 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 necessary for the purpose of making good any interruptions caused to the use of the lands by the construction of a railway;
(b)
all necessary arches, tunnels, culverts, drains, watercourses or other passages over or under or by the sides of the railway of such dimensions as will, in the opinion of the Director, 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 Enactment, the works 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
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injury to the lands the Director shall pay adequate compensation to the persons interested therein.
(3)
The Director shall not be required –
(a)
to make any accommodation works in such a manner as would prevent or obstruct the working or use of the 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.
(4)
Where Director 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 Director shall not be required to provide any other crossing for the road or stream.
Additional works