New South Wales Consolidated Acts

ROADS ACT 1993 - SECT 83

83 Mitigating factors in proceedings for damages arising from construction of bridge

In proceedings for damages claimed because of the adverse effects of a bridge on public rights of navigation, the court is required to take the following matters into account by way of mitigation--

(a) whether it is reasonably practicable for vessels under construction, or likely to be constructed, to be so designed or re-designed that any part of the vessel likely to prevent its passage past the bridge may be lowered or otherwise altered in order to allow passage,

(b) any refusal by the claimant to remove a boat-building business conducted by the claimant to an alternative site provided by the appropriate roads authority,

(c) the age, condition and future useful life of buildings and equipment used for the purposes of such a business,

(d) any benefits that might accrue from a removal of such a business.