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The Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1988

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10.—(1) It shall be a defence to any charge under these Regulations to prove that the disposal was necessary for the purpose of securing the safety of the ship and/or those on board, or of saving life at sea, or that the escape of garbage resulted from damage to the ship or its equipment and that all reasonable precautions were taken before and after the damage occurred to prevent or minimise the escape.

(2) It shall be a defence to a charge under regulation 3 or 5 of disposal into the sea of synthetic fishing nets or of synthetic material incidental to the repair of such nets to prove that the disposal was an accidental loss and that all reasonable precautions were taken to prevent the loss.

(3) It shall be a defence for a person charged with an offence under these Regulations to prove that he took all reasonable steps and exercised all due diligence to ensure that the Regulations were complied with.

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