Transport Planning and Coordination Act 1994

An easement for lateral, subjacent or superjacent support exists in favour of land (the benefited land) against other land (the burdened land) if the burdened land is capable of supplying lateral, subjacent or superjacent support to the benefited land.

The easement entitles the owner of the benefited land to enter the burdened land, other than a part of the land where a person resides, for the easement—

to inspect the burdened land for the purpose of preventing or rectifying any infringement of the rights of the owner of the benefited land; and

to maintain, change or replace all or part of a structure providing support.

An owner of the burdened land—

must do all things necessary to ensure that support for the benefited land by the burdened land is maintained; and

must not, without the written consent of the owner of the benefited land—

remove, or allow another person to remove, support for the benefited land, other than as required under paragraph (a); or

change, or allow another person to change, support for the benefited land, other than as required under paragraph (a); or

do, or allow another person to do, anything that interferes with, or otherwise compromises, support for or the structural integrity of the benefited land, other than as required under paragraph (a).

If the owner of the burdened land does not comply with subsection (3)(a) or (b), the owner of the benefited land may recover the cost of maintaining or replacing any support from the owner of the benefited land as a debt payable to the owner of the benefited land.

In a proceeding, subsection (3) is to be read in favour of the owner of the benefited land.