Railways Act 1905 · 2020 Revised Edition · Part 2 · Construction and Works
10. Temporary entry upon land for repairing or preventing accident
Feedback & supportThe Minister may authorise a railway administration, in case of any slip or other accident happening or being apprehended to any cutting, embankment or other work under the control of the railway administration, to enter upon any lands adjoining its railway for the purpose of repairing or preventing the accident and to do all such works as are necessary for the purpose.
railway administration
“railway administration”, in the case of a railway administered by the Government or the government of Malaysia, means the manager and includes the Government and also, so long as the railway is in the course of construction, the resident engineer, and, in the case of a railway administered by a railway company, means the railway company;
In case of necessity a railway administration may enter upon the lands and do the works aforesaid without having the previous sanction of the Minister, but in such a case shall, within 72 hours after such entry, make a report to the Minister, specifying the nature of the accident or apprehended accident and of the works necessary to be done.
accident
“accident” means an accident attended by loss of human life or grievous hurt, within the meaning of the Penal Code 1871, to any passenger upon any train or to any person engaged in the working of the railway or by serious damage to property, or an accident of such a description as is usually attended by such loss, hurt or damage.
The power conferred on the railway administration by subsection (2) shall cease and determine if the Minister, after considering the report, considers that the exercise of the power is not necessary for the public safety.