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(a)safeguarding works to a building are carried out under section 12 of this Act; and
(b)within the period of five years beginning with the day on which the part of the authorised works constructed in the vicinity of the building is first opened for use, it appears that the safeguarding works are inadequate to protect the building against damage caused by the construction or operation of that part of the authorised works,
the authorised undertaker shall compensate the owners and occupiers of the building for any damage sustained by them.
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