Maritime Transport Act 1994

Defences

243 Defences to offence against section 237

It is a defence to proceedings for an offence against section 237 if the defendant proves that—

(a)

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

(b)

the harmful substance escaped as a consequence of damage to the ship or its equipment and—

(i)

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

(ii)

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

Section 243: replaced, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).