Section 23 — Railways Enactment 2017

(2)

Where the Minister grants conditional approval to the railway scheme under subsection (1), the applicant shall deposit in the office of the Director for public inspection –

(a)

plans and sections on a scale as prescribed by the Director or as set out in regulations made under this Enactment showing the lines and levels of the proposed railway and also –

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(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

(iii)

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 may require the applicant to submit such further or additional information as the Director 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 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 shall present the plans and sections and book of reference referred to in subsection

(2)

together with any objections thereto and its recommendations to the

Minister for final approval.

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(6)

The Minister may, after considering the plans and sections and book of reference and any objection thereto and having due regard to the recommendations of the Director –

(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 within such period as the Director 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, 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 Enactment.

(9)

The Minister may, in approving any railway scheme, impose any requirement or condition as he considers appropriate, having due regard to the recommendations of the Director.

(10)

The decision of the Minister to grant or not to grant the approval under this section shall be communicated in writing to the applicant by the Director as soon as practicable.

(11)

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 one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Prescribed modification, change or extension of approved railway schemes