Transport Administration Act 1988

There is declared to be a right of support for an underground rail facility owned by a rail authority and a duty of care is declared to exist in relation to that right of support for the purposes of the common law of negligence.

Accordingly, a person has a duty of care not to do anything on or in relation to land (the supporting land) that removes the support provided by the supporting land to any underground rail facility owned by a rail authority.

For the purposes of this clause, supporting land includes the natural surface of the land, the subsoil of the land, any water beneath the land, and any part of the land that has been reclaimed.

The duty of care under this clause does not extend to any support that is provided by a building or structure on the supporting land except to the extent that the supporting building or structure concerned has replaced the support that the supporting land in its natural or reclaimed state provided to the underground rail facilities.

A reference in this clause to the removal of the support provided by supporting land includes a reference to any reduction of that support.

This clause does not apply in relation to anything done or omitted to be done before the commencement of this clause.