341B Liability and defences for discharging harmful substances

(1)

In any prosecution for an offence against section 338(1B) (which relates to the discharge of harmful substances, contaminants, or water, in breach of section 15B) it is not necessary to prove that the defendant intended to commit the offence.

(2)

It is a defence to prosecution for an offence against section 338(1B) if the defendant proves that—

(a)

the harmful substance or contaminant or water was discharged for the purpose of securing the safety of a ship or an offshore installation, or for the purpose of saving life and that the discharge was a reasonable step to effect that purpose; or

(b)

the harmful substance or contaminant or water escaped as a consequence of damage to a ship or its equipment or to an offshore installation or its equipment; and—

(i)

such damage occurred without the negligence or deliberate act of the defendant; and

(ii)

as soon as practicable after that damage occurred, all reasonable steps were taken to prevent the escape of the harmful substance or contaminant or water or, if any such escape could not be prevented, to minimise any escape.

Section 341B: inserted, on 20 August 1998, by section 23 of the Resource Management Amendment Act 1994 (1994 No 105).