Railways Act 1905 · 2020 Revised Edition · Part 2 · Construction and Works
19. Removal of trees dangerous to or obstructing the working of a railway
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In either of the following cases:
where there is danger that a tree standing near a railway may fall on the railway so as to obstruct traffic;
when a tree obstructs the view of any fixed signal,the railway administration may, with the permission of any Magistrate’s Court, fell the tree or deal with it in such other manner as will, in the opinion of the railway administration, avert the danger or remove the obstruction, as the case may be.
In case of emergency the power mentioned in subsection (1) may be exercised by the railway administration without the permission of a Magistrate’s Court.
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;
Where a tree felled or otherwise dealt with under subsection (1) or (2) was in existence before the railway was constructed or the signal was fixed, any Magistrate’s Court may, upon the application of the persons interested in the tree, award to those persons such compensation as it thinks reasonable.
railway
“railway” means a railway or any portion of a railway for the public carriage of passengers, animals or goods and includes —(a)all land within the fences or other boundary marks indicating the limits of the land appurtenant to a railway;(b)all lines of rails, sidings or branches worked over for the purposes of or in connection with a railway;(c)all stations, offices, warehouses, wharves, workshops, manufactories, fixed plant and machinery, and other works constructed for the purposes of or in connection with a railway;(d)all ferries, ships, boats and craft which are used for the traffic of a railway and belong to or are hired or worked by the authority administering the railway;(e)all engines, passenger coaches, and goods and livestock vehicles, or other rolling stock used for the purpose of carrying on the traffic of the railway;(f)all road vehicles used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods, livestock and vehicles; and(g)all aircraft used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods and livestock;
Such an award, subject to an appeal to the General Division of the High Court, shall be final.
Except as provided in subsection (3), a civil court shall not entertain a suit to recover compensation for any tree felled or otherwise dealt with under this section.