Marine Pollution Regulations 2003

For the purposes of section 84 of the Act, the following matters are to be taken into account by a court when considering whether it is just to order the payment of compensation:

(a) whether the power was exercised to prevent a threat to human life or damage or possible damage to the environment or property;

(c) whether at the time the power was exercised or purported to be exercised it was reasonably foreseeable that the person claiming compensation would be adversely affected by the exercise or purported exercise of the power;

(d) the level of knowledge possessed by the officer at the time of the exercise or purported exercise of the power.