39BDefences

39B Defences It shall be a defence to any proceedings for an offence against section 39A if the accused proves— (a) that the danger was caused by the intervention or subsequent action of any person or persons acting without his knowledge or consent or contrary to his wishes or instructions; or (b) that the fire was lit at a time when the circumstances of atmospheric temperature and wind velocity referred to in the said section were not present and could not reasonably have been foreseen; or (c) that he is or was at the time of the alleged offence the owner or occupier of the land upon which the fire was lit or was acting under the direction of that owner or occupier— and in any case that he took all precautions required by this or any other Act and the regulations thereunder with respect to the lighting of the fire and did everything in his power that was reasonable in the circumstances to suppress or extinguish the fire. S. 39C inserted by No. 9928 s. 4.