40Discharges to which this Part does not apply

40 Discharges to which this Part does not apply

(1)  Section 36(1) or (2) , section 37(1) and section 39(3) or (4) do not apply to a discharge from a ship or a pipeline if the discharge was for the purpose of securing the safety of the ship or another ship, or saving human life.

(2)  Sections 36 and 37 do not apply to a discharge –

(a) if the discharge occurs –

(i) on the landward side of the first isolating valve on land of a pipeline whether or not it is being used in, or in connection with, a transfer operation at the time of the discharge; or

(ii) at any other place prescribed by the regulations for the purposes of this section; or

(b) if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by a prescribed officer; or

(c) if the discharge was carried out –

(i) by a person to whom an environment protection notice has been issued under section 44 of the Environmental Management and Pollution Control Act 1994 in relation to the discharge of a specified marine pollutant during, or in connection with, a transfer operation; and

(ii) in accordance with the requirements of the notice.