Transport Administration Act 1988

A person who, without the consent of a rail authority, carries out any activity that causes destruction of, damage to or interference with any underground rail facility owned by the rail authority is liable to compensate the rail authority for all loss or damage suffered by the rail authority as a result.

It is a defence in an action for compensation under this clause if the defendant establishes that the defendant did not know and could not reasonably be expected to have known that the destruction, damage or interference concerned would result from the carrying out of the activity concerned.

A rail authority is not entitled to compensation under both this clause and another provision of this Act for the same destruction, damage or interference.

A reference in this clause to a person who carries out an activity extends to any person—

who caused the carrying out of the activity, or

under whose order or direction the activity was carried out, or

who aided, assisted, counselled or procured the carrying out of the activity.

A rail authority may proceed against a person for recovery of loss or compensation for damage under this clause whether or not the rail authority has proceeded against the person principally responsible for the loss or damage or any other person involved in the carrying out of the activity that caused the loss or damage.