Marine Pollution Act 1999

(1) Each of the following is a defence to a prosecution for an offence against section 14:

(a) the discharge was necessary for the purpose of securing the safety of a ship or saving life at sea;

(b) the discharge of a substance containing oil was made in an attempt to minimise the damage from pollution arising from a specific pollution incident and was approved by an authorised officer;

(c) the discharge was authorised by an authorised officer for training purposes.

(2) It is a defence to a prosecution for an offence against section 14 if:

(a) the discharge resulted from damage, other than intentional damage, to the ship or its equipment;

(b) there was in place a system of adequate and regular inspection and maintenance of the ship or equipment so as to prevent as far as is reasonably practicable the discharge of oil as a result of damage to the ship or equipment;

(c) the damage was not such as should reasonably be expected to have been detected and repaired in the course of carrying out the inspection and maintenance; and

(d) all reasonable precautions were taken after the damage happened or the discharge was discovered to prevent or minimise the discharge of the oil.

(3) For the purposes of subsection (2)(a), damage to a ship or its equipment is intentional damage only if the damage arose in circumstances in which the ship's owner or master:

(b) acted recklessly and with knowledge that damage would probably result.