Hazardous Substances and New Organisms Act 1996

124H Defences to liability under section 124G

• (1) A person is not liable under section 124G if the person proves 1 or more of the defences specified in subsection (2) in relation to the breach.

  (2) The defences are—

  • (a) that—

    • (i) the breach was necessary for the purpose of—

      • (A) saving or protecting life or health; or

      • (B) preventing serious damage to property; or

      • (C) avoiding an actual or likely adverse effect on the environment; and

    • (ii) the conduct of the defendant was reasonable in the circumstances; and

    • (iii) the defendant took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the breach after it occurred; or

  • (b) that the breach was due to an event beyond the control of the defendant (including natural disaster, mechanical failure, or sabotage) and—

    • (i) the event could not reasonably have been foreseen or been provided against by the defendant; and

    • (ii) the defendant took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the breach after the event occurred; or

  • (c) that the defendant did not know, and could not reasonably have known, of the breach.

  Part 7A (comprising sections 124A to 124I) was inserted, as from 30 October 2003, by section 52 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).