RECOMMENDATION 1
The Commission recommends inserting into the Conveyancing Act 1919 (NSW), and such other legislation as may be necessary, provisions giving effect to the following:

1. The abolition of the right of any person to bring a common law action in nuisance in respect of a reduction in support for any land.

2. Everyone must take reasonable care that they do not do or omit to do anything on or in relation to land which might cause loss or damage by removing support provided by that land to other land.

3. For this purpose “land” includes the natural surface of the land, the subsoil and any subterranean water, and reclaimed land, but does not include man-made structures on that land, except to the extent that those structures replace the support provided by the supporting land in its natural state.

4. If those with interests in land agree among themselves to exclude, restrict or modify the duty of care, they may register that agreement in ways that bind their successors in title to the land by means of an “easement to remove support”.

RECOMMENDATION 2
The Commission recommends that a provision be inserted into the Local Government Act 1993 (NSW) stating that the breach of certain Regulations made pursuant, and listed in a Schedule, to the Act shall not give rise to any private right of action. It is further recommended that Regulations 33 and 34 of the Local Government (Approvals) Regulation 1993 (NSW) be listed in the relevant Schedule.