South Australian Consolidated Acts

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1984 - SECT 9

9—Defences to charge of an offence

It is a defence to a charge of an offence under section 6 or 7 if the defendant proves that—

            (a)         the dumping the subject of the charge was necessary to secure the safety of human life, or of a vessel, aircraft or platform, at sea in a case of force majeure caused by stress of weather; or

            (b)         the dumping the subject of the charge was the only reasonable way of averting a threat to human life, or to the safety of a vessel, aircraft or platform, at sea and there was every probability that the damage caused by such dumping would be less than would otherwise occur,

and, in either case, that—

            (c)         the dumping was so conducted as to minimise the likelihood of damage to human or marine life; and

            (d)         a report of the dumping, setting out the prescribed information, was furnished to the Minister as soon as practicable after the occurrence of the dumping.