15Exceptions to certain offences

15 Exceptions to certain offences

(1) Sections 10A and 10B do not apply in relation to: (a) dumping into waters that are not Australian waters; or (b) incineration at sea in waters that are not Australian waters; if the dumping or incineration is in accordance with a permit granted in accordance with the Protocol by a party to the Protocol (other than Australia). (2) Section 10C does not apply in relation to loading for the purpose of: (a) dumping into waters that are not Australian waters; or (b) incineration at sea in waters that are not Australian waters; if the loading is in accordance with a permit granted in accordance with the Protocol by a party to the Protocol (other than Australia). (2A) Section 10C does not apply in relation to the loading of controlled material on a vessel, aircraft or platform in Australia or Australian waters if: (a) the controlled material is carbon dioxide streams from carbon dioxide capture processes for sequestration into a sub‑seabed geological formation; and (b) the loading is for the purpose of the export of the carbon dioxide streams from Australia to another country; and (c) there is a permit in force for that export. (3) Section 10A, 10B, 10C, 10E or 36 does not apply if: (a) the relevant conduct was necessary to secure the safety of human life or of a vessel, aircraft or platform in a case of force majeure caused by stress of weather; or (b) the relevant conduct appeared to be the only way of averting a threat to human life, or to the safety of a vessel, aircraft or platform, and there was every probability that the damage caused by the conduct would be less than would otherwise occur; and, in either case: (c) the relevant conduct was so carried out as to minimise the likelihood of damage to human or marine life; and (d) a report of the relevant conduct, setting out the prescribed information, was given to the Minister as soon as practicable after the conduct occurred. (4) In a proceedings for an offence, the defendant bears the evidential burden of proving an exception set out in this section.