Conveyancing Act 1919 No 6
177 Duty of care in relation to support for land
(1) For the purposes of the common law of negligence, a duty of care
exists in relation to the right of support for
(2) 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 other land (the
(3) For the purposes of this section, 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
(4) The duty of care in relation to support for land 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 formerly provided to the supported land.
(5) The duty of care in relation to support for land may be excluded
or modified by express agreement between a person on whom the duty lies and a
person to whom the duty is owed.
(6) Any such agreement:
(a) has effect in relation to any agent of the person on whom the duty
(b) has effect in relation to any successor in title of the supported
land if the agreement is embodied in a registered easement for removal of
support relating to that land.
(7) The right to agree to the removal of the support provided by
supporting land to supported land is a right of the kind that is capable of
being created by an easement.
(8) Any right at common law to bring an action in nuisance in respect
of the removal of the support provided by supporting land to supported land is
abolished by this section.
(9) Any action in negligence that is commenced after the commencement
of this section in relation to the removal of the support provided by
supporting land to supported land may be wholly or partly based on something
that was done before the commencement of this section. However, this
subsection does not operate to extend any period of limitation under the
(10) This section extends to land and dealings under the Real Property Act
(11) This section does not apply in relation to any proceedings that
were commenced before the commencement of this
(12) A reference in this section to the removal of the support provided
by supporting land to supported land includes a reference to any reduction of
(13) This section binds the Crown in right of New South Wales and, in
so far as the legislative power of the Parliament of New South Wales permits,
the Crown in all its other capacities.