Cross-Border Railways Act 2018 · 2020 Revised Edition · Part 8 · Cross‑Border Railway Administration
46. Minister to approve opening of railway
Feedback & supportA cross-border railway must not be opened except with the Minister’s approval.
cross-border railway
“cross-border railway” means a railway which —(a)has a railway network with a terminus in Singapore and runs to any part of peninsular Malaysia; and(b)is constructed under this Act;
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.
A report by an independent verification and validation agent is unsatisfactory unless it states that —
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
in the independent verification and validation agent’s opinion —
the cross-border railway in question is fit to receive trains and to open; and
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.
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.
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.
railway
“railway” means a network or system of fixed horizontal rails, tracks, grooves or other guide‑ways on, under or above the ground along which a train moves or runs, and includes —(a)all railway assets built, installed or used for the operation of the railway; and(b)all railway infrastructure constructed or intended to be constructed for any railway and any extension of the railway;
An independent verification and validation agent is a person who is jointly appointed by —
the concessionaire for a cross-border railway, or the LTA if there is no concession agreement; and
the corresponding concessionaire,with the approval of the bilateral committee for that railway.
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.
concessionaire
“concessionaire” means the person who is a party to the concession agreement, and includes the person for the time being entitled to exercise those rights because of an assignment or transfer of the agreement to that person;