AIR POLLUTION CONTROL (CONSTRUCTION DUST) REGULATION
Defence of due diligence, etc.
It is a defence to a charge against any person for an offence under section 4, 5 or 6 for the person charged to prove that-
(a) interruptions or contingencies in the supply of necessary materials, water and equipment;
(b) weather conditions prevailing at the time of the offence;
(c) a threat or an imminent threat to human life or building safety;
(d) the physical constraints of the construction site; or
(e) circumstances beyond his control other than those referred to in paragraphs (a), (b), (c) and (d), (L.N. 238 of 1997)
prevented him from complying with that section and that he exercised due diligence to avoid the commission of the offence.