44. A person shall not be guilty of an offence under regulation 40(1)(a) to (d), (j) or (o) where the contravention is a result of–
(a)–
(i)an accident which could not reasonably have been foreseen; or
(ii)natural causes or force majeure which are exceptional and could not reasonably have been foreseen; and
(b)–
(i)all practicable steps are taken to prevent deterioration of the water environment;
(ii)all practicable steps are taken as soon as is reasonably practicable to restore the water environment to its condition prior to the contravention; and
(iii)particulars of the contravention are furnished to SEPA as soon as practicable after it occurs.