The Water Environment (Controlled Activities) (Scotland) Regulations 2005 No. 348

Prospective

PART VII S Offences

Defence to principal offences S

44.  A person shall not be guilty of an offence under regulation 40(1)(a) to (d), (j) or (o) where the contravention is a result of–

(a) –

(i) an accident which could not reasonably have been foreseen; or

(ii) natural causes or force majeure which are exceptional and could not reasonably have been foreseen; and

(b) –

(i) all practicable steps are taken to prevent deterioration of the water environment;

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

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

Commencement Information

I1 Reg. 44 in force at 1.4.2006, see reg. 1(2)