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Chapter: | 413J
![]() | Title: | MERCHANT SHIPPING (PREVENTION OF POLLUTION BY GARBAGE) REGULATION | Gazette Number: | |
| Section: | 8 | Heading: | Defences | Version Date: | 30/06/1997 |
(1) It shall be a defence to any charge under this Regulation to prove that the disposal was necessary for the purpose of securing the safety of the ship or those on board, or of saving life at sea, or that the escape of garbage resulted from damage to the ship or its equipment and that all reasonable precautions were taken before and after the damage occurred to prevent or minimize the escape.
(2) It shall be a defence to a charge under section 3(1) or 4(1) of disposal into the sea of synthetic fishing nets or of synthetic material incidental to the repair of such nets to prove that the disposal was an accidental loss and that all reasonable precautions were taken to prevent the loss.
(3) It shall be a defence for a person charged with an offence under section 7 to show that he took all reasonable steps and exercised all due diligence to ensure that this Regulation was complied with.