135Persons not to be under liability for contraventions which it was impracticable to avoid or prevent.N.I.
It shall be a defence in any legal proceedings to recover damages and in any prosecution, in so far as the proceedings or prosecution are or is based on an allegation of a contravention, in relation to a mine, of—
(a)a provision of this Act, of an order made thereunder or of regulations (not being a provision which expressly provides that a person is to be guilty of an offence); or
(b)a direction, prohibition, restriction, or requirement given or imposed by a notice served under or by virtue of this Act by[F1 the Executive] or an inspector; or
(c)a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by[F1 the Executive]; [F2 or
(d)a requirement or prohibition imposed by or under such health and safety regulations as are mentioned in subsection (1)( d) of section 130 of this Act;]
to prove that it was impracticable to avoid or prevent the contravention.