Paragraph 6 I1

If, during the construction of a specified work or within 10 years after the completion of any such work, there is caused or created an accumulation or erosion which causes damage to flood defences, the Company shall, if it is proven by the construction of the specified work to have caused such damage or the reasonable expectation of such damage and if so required by the Agency before or within the period of 10 years after such completion, remedy such accumulation or erosion to the extent and commensurate with the damage it is proven to have caused, in the manner specified in sub-paragraph (4), and, if it refuses or fails to do so, the Agency may itself cause work to be done and may recover the reasonable cost from the Company.

Should any accumulation or erosion which causes damage to flood defences or the reasonable expectation of such damage arise within the period of 10 years and be remedied in accordance with sub-paragraph (1), any recurrence of such accumulation or erosion proven to have been caused by the specified works shall from time to time be remedied in accordance with sub-paragraph (1) by the Company during the period of 10 years and at any time subsequently, except that the Company’s obligation under this paragraph shall cease in the event that, following the remedying of any accumulation or erosion, a period of 10 years elapses without any further accumulation or erosion proven to have been caused by the specified works being caused or created.

In sub-paragraphs (1) and (2), “damage” means any damage to the bed or banks of the river or any adverse effect upon the structure or operation of any outfall, flood or sea defences or any jetty or other structure under the jurisdiction of the Agency for the purposes of the Water Resources Act 1991^f1.

For the purposes of sub-paragraphs (1) and (2)—

In the event that surveys, inspections, tests or sampling establish that such accumulation or erosion would have been caused in any event by factors other than the construction of a specified work the Company shall be liable to remedy such accumulation or erosion only to the extent that the same is attributable to such construction.