Railway scheme
(1) No railway shall be constructed within Malaysia without the approval of the Minister.
(2) Any person intending to construct a railway within Malaysia shall make an application to and deposit with the Minister a railway scheme which shall contain the following information:
(a) the type and system of the proposed railway;
(b) the general routes and terminal points of the proposed railway system;
(c) the safety aspects of the proposed railway system;
(d) the proposed fare or freight structure; and
(e) such other matters as will enable the Minister to evaluate the railway scheme.
(3) Every railway scheme deposited under subsection (2) shall be accompanied by a map showing the proposed routes for the railway.
(4) The Minister may require the applicant to submit such further or additional information as the Minister 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 Minister may require.
(5) For the avoidance of doubt, this section shall not apply to any construction work which may be carried out by a railway company for the purpose of upgrading or improving any part of the railway or railway premises operated or maintained by the railway company under the terms of its licence in so far as such work does not include an extension or diversion of the existing railway route.
Approval of railway scheme and deposit of plans, sections, etc.
(1) The Minister may reject or grant conditional approval to a railway scheme.
(2) Where the Minister grants conditional approval to the railway scheme under subsection (1), the applicant shall deposit, in the office of the Director General, for public inspection—
(a) plans and sections on a scale specified by the Director General showing the lines and levels of the proposed railway and also—
(i) any intended alteration in the water level of any canal or in the level or rate of inclination of any public road or railway which will be crossed by the proposed railway;
(ii) any intended diversion, widening or narrowing of any public road, navigable river, canal or railway;
(iii) any intended laying of any part of the proposed railway along any public road; and
(iv) any intended crossing of the tracks of the proposed railway over any public 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 General may require the applicant to submit such further or additional information as the Director General 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 General 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 General shall present the plans and sections and book of reference referred to in subsection (2) together with any objections to it to the Minister for final approval.
(6) The Minister may, after considering the plans and sections and book of reference and any objections thereto—
(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 him within such period as the Minister 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 regard to the objections made under subsection
(4), 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 Act.
(9) The Minister may, in approving any railway scheme, impose any requirement or condition as he considers appropriate.
Railway to be constructed according to approved plans
(1) Any railway constructed under this Act shall be made and maintained according to the lines and levels shown on the deposited plans with all proper bridges, viaducts, stations, sidings, approaches, junctions, roads, buildings, yards, works and conveniences connected therewith and incidental thereof.
(2) A railway route may deviate from the line of railway shown on the deposited plans, but no such deviation shall extend beyond the limits of deviation shown on the plans.
Private land may be acquired for railway
(1) Such of the lands as are required for the purpose of constructing a railway and shown on the plans and sections and mentioned in the book of reference deposited under subsection 8(2) shall be deemed to be lands required for a public purpose within the meaning of the Land Acquisition Act 1960 [Act 486].
(2) Proceedings under the Land Acquisition Act 1960 shall be taken separately in respect of each land shown on the plans and sections and mentioned in the book of reference.
(3) Nothing in this section shall prevent the acquisition of lands for the purpose of constructing a railway by agreement between the railway company and the proprietors of such lands.
