Part 3Marine protection
Offences
34Exceptions
1
A person is not guilty of an offence under section 32 or 33 if the act which is alleged to constitute the offence—
a
was done in accordance with section 22(2) by a public authority;
b
was expressly authorised by an authorisation granted in accordance with section 23, or was necessarily incidental to such an act;
c
was done in accordance with a permit issued by the Department (whether under section 26(5) or otherwise);
d
was necessary in the interests of the prevention or detection of crime, or was necessary for securing public health;
e
was necessary for the purpose of securing the safety of any vessel, aircraft or marine installation;
f
was done for the purpose of saving life.
2
Subsection (1)(e) does not apply where the necessity was due to the fault of the person or of some other person acting under the person’s direction or control.
3
A person is not guilty of an offence under section 32 by reason of doing anything that is an offence under section 33.
4
It is a defence for a person who is charged with an offence under section 33 to show that—
a
the act which is alleged to constitute the offence was—
i
an act done for the purpose of, and in the course of, sea fishing, or
ii
an act done in connection with such an act, and
b
the effect of the act on the protected feature in question could not reasonably have been avoided.
5
The Department may by order amend this section so as to remove, or restrict the application of, the defence provided by subsection (4).