PART VIIOffences

Defence to principal offences48

A person will not be guilty of an offence under regulation 44(1)(a) to (d), (j) or (o) if—

a

the contravention is a result of—

i

an accident which could not reasonably have been foreseen;

ii

natural causes or force majeure which are exceptional or could not reasonably have been foreseen; or

iii

an act or omission by a category 1 or 2 responder that is reasonably necessary to protect people, property or the environment from imminent risk of serious harm;

b

all practicable steps are taken to prevent deterioration of the water environment—

c

all practicable steps are taken as soon as is reasonably practicable to restore the water environment to its condition prior to the contravention; and

d

particulars of the contravention are furnished to SEPA as soon as practicable after it occurs.