Part 1Reservoirs
Chapter 6Other requirements: high-risk reservoirs and medium-risk reservoirs
I153Defences: offence under section 52(1)(c)
It is a defence to a charge in proceedings under section 52(1)(c) for the person to show both—
a
that the failure to comply with the requirement concerned was as a result of an event which could not reasonably have been foreseen or any natural cause or force majeure which was exceptional and could not reasonably have been foreseen, and
b
that the person—
i
took all practicable steps to prevent an uncontrolled release of water from the reservoir,
ii
took all practicable steps as soon as was reasonably practicable to rectify the failure,
iii
provided particulars of the failure to SEPA as soon as practicable after the failure arose.