QLDIn ForceAct
Transport Operations (Marine Pollution) Act 1995
sec.56Defences to discharge offence
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### sec.56 Defences to discharge offence
Each of the following is a defence to a prosecution for a discharge offence—
the disposal was made for the purpose of securing the safety of the ship and the persons on board the ship or saving life at sea;
the disposal happened because of damage to the ship or its equipment and all reasonable precautions were taken before and after the damage happened to prevent or minimise the disposal;
the disposal was the accidental loss at sea of a synthetic fishing net, or synthetic material used in the repair of a synthetic fishing net, and all reasonable precautions were taken to prevent the loss.
s 56 amd 2010 No. 13 s 88 sch
- (a) the disposal was made for the purpose of securing the safety of the ship and the persons on board the ship or saving life at sea;
- (b) the disposal happened because of damage to the ship or its equipment and all reasonable precautions were taken before and after the damage happened to prevent or minimise the disposal;
- (c) the disposal was the accidental loss at sea of a synthetic fishing net, or synthetic material used in the repair of a synthetic fishing net, and all reasonable precautions were taken to prevent the loss.