§ 46 — Minister to approve opening of railway

46.—(1) A cross-border railway must not be opened except with the Minister’s approval.(2) The Minister may refuse an application under section 45(1) to open a cross‑border railway if there is no satisfactory report by an independent verification and validation agent about the cross‑border railway.

(3) A report by an independent verification and validation agent is unsatisfactory unless it states that —(a)

the independent verification and validation agent has inspected the cross‑border railway in question, including the railway assets and all other equipment to be used for or in connection with the provision of network services for and cross‑border train services on that cross‑border railway; and

(b)

in the independent verification and validation agent’s opinion —(i)

the cross-border railway in question is fit to receive trains and to open; and

(ii)

the opening of the cross‑border railway is unlikely to endanger or damage any railway asset or railway infrastructure of the railway, or endanger any passenger to be carried or person lawfully employed or engaged to work on that railway.

(4) The Minister may require the independent verification and validation agent to provide such other information as the Minister requires for the purpose of this section.

(5) In deciding whether to give his or her approval under subsection (1) to open a cross‑border railway, the Minister must consult the relevant bilateral committee for the railway but is not bound by the opinion of the bilateral committee.

(6) An independent verification and validation agent is a person who is jointly appointed by —(a)

the concessionaire for a cross-border railway, or the LTA if there is no concession agreement; and

(b)

the corresponding concessionaire,

with the approval of the bilateral committee for that railway.

(7) In subsection (6), the corresponding concessionaire for a cross‑border railway is a person or body whom the Minister designates as such, on being satisfied that the person or body is authorised to design, construct, maintain, operate or improve the railway infrastructure in Malaysia of the cross‑border railway.

—(1) A cross-border railway must not be opened except with the Minister’s approval.

(2) The Minister may refuse an application under section 45(1) to open a cross‑border railway if there is no satisfactory report by an independent verification and validation agent about the cross‑border railway.

(3) A report by an independent verification and validation agent is unsatisfactory unless it states that —(a)

the independent verification and validation agent has inspected the cross‑border railway in question, including the railway assets and all other equipment to be used for or in connection with the provision of network services for and cross‑border train services on that cross‑border railway; and

(b)

in the independent verification and validation agent’s opinion —(i)

the cross-border railway in question is fit to receive trains and to open; and

(ii)

the opening of the cross‑border railway is unlikely to endanger or damage any railway asset or railway infrastructure of the railway, or endanger any passenger to be carried or person lawfully employed or engaged to work on that railway.

(4) The Minister may require the independent verification and validation agent to provide such other information as the Minister requires for the purpose of this section.

(5) In deciding whether to give his or her approval under subsection (1) to open a cross‑border railway, the Minister must consult the relevant bilateral committee for the railway but is not bound by the opinion of the bilateral committee.

(6) An independent verification and validation agent is a person who is jointly appointed by —(a)

the concessionaire for a cross-border railway, or the LTA if there is no concession agreement; and

(b)

the corresponding concessionaire,

with the approval of the bilateral committee for that railway.

(7) In subsection (6), the corresponding concessionaire for a cross‑border railway is a person or body whom the Minister designates as such, on being satisfied that the person or body is authorised to design, construct, maintain, operate or improve the railway infrastructure in Malaysia of the cross‑border railway.