The Water Protection Zone (River Dee Catchment) Designation Order 1999

Contravention of protection zone control

5.—(1) If at any time on or after the expiry of six months after the date on which this Order comes into force, there is a contravention of protection zone control, any person causing or knowingly permitting it shall be guilty of an offence.

(2) A person guilty of an offence under this article shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding £20,000 or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.

(3) In any proceedings for an offence under this article it shall be a defence for the accused to prove—

(a) that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence; or

(b) that commission of the offence could be avoided only by the taking of action amounting to a breach of a statutory duty.

(4) In any proceedings for an offence consisting of a contravention falling within sub-paragraph (2)(a) of article 4, it shall be a defence for the accused to prove that at the time of the alleged commission of the offence he did not know, and had no reason to believe—

(a) if the case falls within sub-paragraph (2)(a)(i), that the controlled activity was being carried on;

(b) if the case falls within sub-paragraph (2)(a)(ii), that the controlled substance was kept or used in a quantity exceeding the maximum quantity permitted by the consent.

(5) In any proceedings for an offence consisting of a contravention falling within sub-paragraph (2)(b) of article 4, it shall be a defence for the accused to prove that he did not know, and had no reason to believe, that there was a failure to comply with a condition subject to which protection zone consent had been granted.