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DR 09/2010
A BILL
i n t i t u l e d
An Act to amend the Railways Act 1991.
ENACTED by the Parliament of Malaysia as follows:
1. Short title and commencement
(1) This Act may be cited as the Railways (Amendment) Act 2010.
(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
2. Interpretation
In this Act, "appointed date" means the date appointed by the Minister under subsection 1(2).
3. General amendment
The Railways Act 1991 [Act 463], which is referred to as the "principal Act" in this Act, is amended in sections 1, 4 and 7 by substituting for the word "Malaysia" wherever appearing the words "Sabah, Sarawak and the Federal Territory of Labuan".
4. Amendment of section 1
Section 1 of the principal Act is amended by inserting after subsection (1) the following subsection:
"(1A) Notwithstanding subsection (1), Part XII shall apply to all railways in Malaysia.".
5. Amendment of section 2
Section 2 of the principal Act is amended:-
(a) in the definition of "railway", by deleting the words "the Penang Hill Railway and"; and
(b) in the definition of "Minister", by inserting after the word "railways" the words "in Sabah, Sarawak and the Federal Territory of Labuan".
6. Amendment of section 66
Section 66 of the principal Act is amended by inserting after the words "twenty years" the words "or to both".
7. Amendment of section 89
Section 89 of the principal Act is amended in paragraph (8)(b) by deleting the words "to promote and".
8. Non-application, saving and transitional
(1) On the appointed date, the Railways Act 1991, hereinafter referred to as "the Act", shall cease to apply to Peninsular Malaysia, except Part XII.
(2) Notwithstanding the non-application of the Railways Act 1991 to Peninsular Malaysia, all subsidiary legislation made or deemed to have been made or having effect under the Act prior to the appointed date shall, in so far as they are not inconsistent with the Land Public Transport Act 2010 [Act ], continue to be in force and have effect in Peninsular Malaysia until they are amended or revoked by any subsidiary legislation made under the Land Public Transport Act 2010.
(3) Any licence, approval, direction, order or decision granted, issued, given or made under or in accordance with the Act in respect of its application to Peninsular Malaysia prior to the appointed date shall, in so far as they are not inconsistent with the provisions of the Land Public Transport Act 2010, continue to be in full force and effect until suspended or revoked under the Land Public Transport Act 2010 or until the date of the expiry of the licence, approval, direction, order or decision.
(4) All applications for:-
(a) construction of a railway;
(b) grant of approvals of railways schemes for a railway;
(c) issuance or renewal of licence to operate a railway;
(d) grant of approval to open a railway;
(e) grant of approval for reopening of a closed railway; or
(f) variation of conditions of approvals or licences described under paragraphs (b) and (c),
made by any person under the Act in its application to Peninsular Malaysia prior to the appointed date and which are pending on such date shall, on that date, cease to be dealt with under the Act and shall be dealt with under the Land Public Transport Act 2010 as if such applications had been made under the provisions of the Land Public Transport Act 2010.
(5) Subject to the provisions of the Land Public Transport Act 2010, nothing in the Act or the Land Public Transport Act 2010 shall affect any person liable to be prosecuted or punished for offences committed under the provisions of the Act in respect of its application to Peninsular Malaysia prior to the appointed date, or any investigation made, proceedings brought or sentence imposed before that day in respect of such offence.
(6) A reference in any written law or document in force, immediately before the appointed date to the Director General of Railways under the Act in respect of its application to Peninsular Malaysia, shall be construed as a reference to the Suruhanjaya Pengangkutan Awam Darat established under the Suruhanjaya Pengangkutan Awam Darat Act 2010 [Act ].
EXPLANATORY STATEMENT
This Bill seeks to amend the Railways Act 1991 ("Act 463") mainly as a consequence to the establishment of the Suruhanjaya Pengangkutan Awam Darat which shall be responsible for a safe, reliable and efficient land public transport including the railways in Peninsular Malaysia via the implementation of the Land Public Transport Act 2010. As the Suruhanjaya Pengangkutan Awam Darat will be responsible to implement the Land Public Transport Act 2010 in Peninsular Malaysia, this Bill seeks to amend Act 463 to make the provisions of Act 463, except Part XII which shall apply throughout Malaysia, to only apply to Sabah, Sarawak and the Federal Territory of Labuan.
2. Clause 1 contains the short title and the power of the Minister to appoint the commencement date of the proposed Act.
3. Clause 2 seeks to define "appointed date".
4. Clause 3 seeks to amend sections 1, 4 and 7 of Act 463 in respect of the application of Act 463 to only Sabah, Sarawak and the Federal Territory of Labuan.
5. Clause 4 seeks to introduce a new subsection 1(1A) into Act 463 in relation to the application of Part XII of Act 463 to all railways in Malaysia notwithstanding the amendments made under clause 3. This will preserve the role and function of the Railway Asset Corporation in relation to railways all over Malaysia.
6. Clause 5 seeks to amend certain definitions in Act 463 consequential to the non-application of Act 463, except Part XII, to Peninsular Malaysia.
7. Clause 6 seeks to amend section 66 of Act 463 to impose on a personwho is convicted of maliciously obstructing or attempting to obstruct a railway, with both fine and imprisonment.
8. Clause 7 seeks to amend section 89 of Act 463 to avoid the overlapping of functions between the Railways Asset Commission and the Suruhanjaya Pengangkutan Awam Darat in relation to the development of railways.
9. Clause 8 seeks to establish non-application, saving and transition provision of matters related to Act 463 as consequences of the non-applicability of Act 463, except Part XII, to Peninsular Malaysia.
FINANCIAL IMPLICATIONS
This Bill will not involve the Government in any extra financial expenditure.