Defences
47.—(1) In any proceedings for an offence under these Regulations, it is a defence for the person charged to prove that that person took all reasonable steps and exercised all due diligence to ensure that the regulation in question was complied with.
(2) Without prejudice to paragraph (1), in any proceedings in respect of a ship for an offence under regulation 42(1)(e) or (f), it is a defence for the person charged to prove that—
(a)the ship was not a United Kingdom ship;
(b)the discharge or disposal took place in waters which were neither controlled waters nor United Kingdom waters; and
(c)the ship was in a port in the United Kingdom at the time of the institution of the proceedings by reason only of stress of weather or any other reason beyond the control of the master or owner or any charterer or manager of the ship.
(3) Without prejudice to paragraph (1), in any proceedings for an offence under regulation 42(1)(e) or (f) in relation to a discharge of sewage, it is a defence for the person charged to prove that—
(a)that the discharge took place in waters under the jurisdiction of a State other than the United Kingdom; and
(b)the discharge was in accordance with such less stringent requirements as were imposed by that State.