Malaysia legislation

Section 22

of Railways Enactment 2017

Section 22

(2)

Any person intending to construct a railway shall submit an application to and deposit with the Director a railway scheme, which shall contain the following information:

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(a)

the type and system of the proposed railway, including the proposed type or types and quantity of rolling-stock to be used on the railway, the proposed fare collection system and whether the railway will be used for the carriage of passengers or goods or both;

(b)

the proposed routes and terminal points of the proposed railway system;

(c)

the proposed location of terminals, associated buildings, workshops, depots and yards;

(d)

the safety aspects of the proposed railway system, including the signalling systems and communications systems;

(e)

the proposed structure for rates as may be applicable and other proposed conditions of carriage;

(f)

the proposed integration with other existing or proposed railways;

(g)

the scheduled of completion and proposed date for opening of the railway;

(h)

the proposed licensed operator of the railway to be constructed, if different from the person intending to construct the railway;

(i)

the description of proposed related, peripheral or ancillary activities to be undertaken in connection with the provision of railway services;

(j)

the proposed universal accessibility in all relevant parts of the railway to cater the needs of disabled persons; and

(k)

such other matters as will enable the Minister to evaluate the railway scheme.

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(3)

Every railway scheme deposited under subsection (2) shall be accompanied with a map showing the proposed routes for the railway.

(4)

The Director may require the applicant to submit such further or additional information as the Director deems necessary with reference to any information contained in the railway scheme, and such further or additional information shall be submitted within such period and in such manner as the

Director may require.

(5)

The Director shall as soon as practicable submit a written recommendation to the Minister.

(6)

The written recommendation of the Director shall specify –

(a)

the reasons for its recommendation; and

(b)

any conditions which the applicant should be subject to if the Director recommends to the Minister to grant the approval.

(7)

A person who contravenes subsection (1) 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.

Approval of railway scheme and deposit of plans, sections, etc.