reg 5

Defences

In force

In proceedings against a person for a breach of regulation 3(1) or 4(1) or (2), it is a defence to show that the discharge —

(a)

occurred in accordance with an authorisation given in the exercise of a power under another written law;

(b)

occurred as a result of an emergency or an accident or malfunction caused otherwise than by the negligence of that person; or

(c)

occurred for the purpose of preventing danger to human life or health or irreversible damage to a significant part of the environment.

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