80.—(1) Regulations under section 77(1) may provide that, where a reservoir manager on whom a stop notice is served does not comply with it, the manager commits an offence and is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding £20,000, or to both,
(b)on conviction on indictment—
(i)for a first such offence, to imprisonment for a term not exceeding 12 months, or to a fine, or to both,
(ii)for any subsequent such offence, to imprisonment for a term not exceeding 2 years, or to a fine, or to both.
(2) Regulations made under section 77(1) must provide that it is a defence to a charge in proceedings for an offence created by the regulations for the person to show both—
(a)that the failure to comply with the stop notice was as a result of either an accident which could not reasonably have been foreseen or 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 the Department as soon as practicable after the failure arose.