Part 4Marine licensing
Chapter 3Enforcement
Offences
I186Action taken in an emergency
1
It is a defence for a person charged with an offence under section 85(1) in relation to any activity to prove that—
a
the activity was carried out for the purpose of securing the safety of a vessel, aircraft or marine structure, or for the purpose of saving life, and
b
the person took steps within a reasonable time to inform the appropriate licensing authority of the matters set out in subsection (2).
2
The matters are—
a
the fact that the activity was carried out,
b
the locality and circumstances in which it was carried out, and
c
any substances or objects concerned.
3
A person does not have the defence provided by subsection (1) if the court is satisfied that the activity was neither—
a
necessary for any purpose mentioned in subsection (1)(a), nor
b
a reasonable step to take in the circumstances.
4
A person does not have the defence provided by subsection (1) if the court is satisfied that—
a
the activity was necessary for one of those purposes, but
b
the necessity was due to the fault of the person or of some other person acting under the person's direction or control.