Marine and Coastal Access Act 2009 Explanatory Notes

Section 109: General defence of due diligence

316.In any proceedings for an offence under Part 4 of the Act, it is a defence under this section to prove that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

317.Subsections (2) to (6) specify some particular circumstances in which the defence is available and prescribe procedures which apply to the proving of this defence.

Back to top