10. Defence to charge of an offence
It is a defence to a charge of an offence against section 5 or 6 if the person charged proves that ¾
(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 appeared to be the only 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 ¾
(c) the dumping was so conducted as to minimize 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.