Part 2Sustainability and Renewable Energy Sources

Chapter 2Offshore production of energy

Safety zones for installations

I197Offences relating to safety zones

1

Where a vessel enters or remains in a safety zone in contravention of section 96(1), the vessel’s owner and her master are each guilty of an offence.

2

Where—

a

a vessel enters or remains in a safety zone with a permission granted for the purposes of section 96, and

b

there is a contravention of a condition of that permission in relation to the vessel or individuals on the vessel,

the vessel’s owner and her master are each guilty of an offence.

3

A person who carries on an activity wholly or partly in a safety zone in contravention of section 96(2) is guilty of an offence.

4

Where—

a

a person carries on an activity wholly or partly in a safety zone with a permission granted for the purposes of section 96, and

b

there is a contravention of a condition of that permission in relation to the carrying on of that activity,

that person is guilty of an offence.

5

A person guilty of an offence under this section shall be liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

6

In proceedings against a person as the owner of a vessel for an offence under subsection (1) or (2), it is a defence for him to show that the existence of the safety zone—

a

was not known to the master of the vessel in question at the time of the offence; and

b

would not have become known to the master had he made reasonable inquiries before that time.

7

In any other proceedings against a person for an offence under this section, it is a defence for that person to show that the existence of the safety zone—

a

was not known to him at the time of the offence; and

b

would not have become known to him had he made reasonable inquiries before that time.

8

It is also a defence in proceedings against a person for an offence under this section for that person to show that he took all reasonable steps to prevent the contravention in question.