Transport Administration Act 1988

Without limiting clause 8, a person who, without the consent of an infrastructure owner or building owner—

carries out any activity that causes destruction of, damage to or interference with any rail infrastructure facilities or railway buildings owned by the owner, and

does so in circumstances in which the person knew, or should have known, that the destruction, damage or interference would result from the carrying out of the activity,

An infrastructure owner or a building owner is not entitled to compensation under this clause and another provision of this Schedule for the same destruction, damage or interference.

A reference in this clause to a person 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.

An infrastructure owner or a building owner may proceed against a person for recovery of its loss or compensation for its damage under this clause whether or not the owner 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.