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Mines and Quarries Act 1954

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This is the original version (as it was originally enacted).

157Persons not to be under liability for contraventions which it was impracticable to avoid or prevent

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 or quarry, 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 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 the Minister or an inspector;

to prove that it was impracticable to avoid or prevent the contravention.

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