172. Saving of common law rights.

172.     Saving of common law rights.

Where the substituted mining code of the Railways Clauses Consolidation Act 1845 applies1, the code does not alter, diminish or affect any right to let down the surface2, either unconditionally or subject to payment of compensation, or to any other condition, which a mine owner3 or royalty owner4 may possess, whether by statute, grant, lease, agreement or otherwise, derived from a title antecedent5 to the acquisition by the railway authority of its interest in the surface, or conferred on him by a reservation contained in the grant to the authority, and